A right of occupancy (which is different from a life estate) granted by the decedent’s will was not invalid or void against public policy merely because the decedent had no certificate of occupancy and the structure appeared to be in … Continue reading
Griffin Evans
After a community ambulance association, a non-profit corporation, lost the authorization of their sponsoring community, the corporation was liquidated, and an account was filed with the court; the court confirmed the account (after amendment) and directed distributions. Coaldale Community Ambulance, … Continue reading
Husband and wife contracted with surrogate mother to deliver the baby from husband’s sperm and a donor’s egg. During the pregnancy, husband and wife separated. The surrogate mother petitioned the court to declare husband and wife as parents of Baby … Continue reading
Executor filed an account valuing two closely held companies by its market value, which means a willing seller to a willing buyer; objectors, two of four residuary beneficiaries, claimed that the shareholder agreement specified a pro rata valuation, meaning dividing … Continue reading
In an appeal from probate, the court found “without hesitation” that a May 2009 will admitted to probate was forged, because the timeline of the proponent of the will got the weekend of a family gathering wrong, meaning three witnesses … Continue reading
Testator died leaving a trust under her will for her children, creating powers of appointments for each child, and an administrative power, allowing the removal of the corporate trustee with the consent of all income beneficiaries. After the death of … Continue reading
Brother of decedent was bequeathed the “Maujer rifle”, which is a typographical error for Mauser rifle of which the decedent owned 10. The Court held that the brother was entitled to all 10 Mauser rifles because of the wills ambiguity … Continue reading
The court erred in division of wrongful death action damages and survival action damages, because Department of Public Welfare’s (DPW) medicare claim was against the estate instead of a personal injury lien (which would be against the wrongful death action). … Continue reading
Petitioner (in will contest) claimed fraud and undue influence against decedent’s attorney, who contacted the County Office of Services for the Aging (COSA), after petitioner had solicited the attorney’s help to draft a new will for the decedent but would … Continue reading
Father’s parental rights were terminated, even though he was incarcerated, because the father “evidenced a settled purpose of reliquishing his parental claim to Child by failing to maintain any parent-child relationship.” Adoption of F.G.T., 5 Fid. Rep. 3d 19 (OC … Continue reading