The court cannot grant a guardian’s petition to admit an incapacitated person into an inpatient psychiatric facility, because 20 Pa. C.S. 5521(f)(1) specifically forbids it. Jane Doe, Incapacitated Person, 5 Fid. Rep. 3d 13 (OC Del. 2014) (Opinion by Kenney, … Continue reading
Griffin Evans
Direction in will that all estate, inheritance, and other death taxes be paid “out of and charged against my estate” was insufficient to overcome statutory direction that inheritance tax be paid from shares of estate subject to tax, so objection … Continue reading
Other Years: 1984 | 1985 | 1986 | 1987 | 1988 | 1989 | 1990 | 1991 | 1992 | 1993 | 1994 | 1995 | 1996 | 1997 | 1998 | 1999 | 2000 | 2001 | 2002 | 2003 | 2004 | 2005 … Continue reading
Lawyer, who was removed as administrator of an estate for failing to account, paid himself from the estate about $50,000 in commission, charging $400 per hour for his time; the Court surcharged the lawyer for all fees paid to himself, … Continue reading
An individual was involuntarily committed (section 302 of the Mental Health Procedure Act) for psychiatric treatment and later petitioned to have commitment expunged from her record as the commitment was illegal; the court disagreed, because the facts showed that she … Continue reading
An individual adjudicated incapacitated with a mechanical pump in her heart was refusing medical treatment, psychological treatment, and medication, and she has religious delusions; the Court held a review hearing and opined that the guardian of the person had full … Continue reading
Executor of a moderate estate and legal counsel surcharged for excessive fees and commissions, as well as unexplainable account errors. Donnelly Estate, 4 Fid. Rep. 3d 495 (OC Mont. 2014) (Opinion by Ott, J.) … Continue reading
Because a farm cannot be physically partitioned equitably between beneficiaries as tenants in common, the farm must be sold and proceeds divided according to ownership interest. Cremers Estate, 4 Fid. Rep. 3d 484 (OC Chester 2014) (Opinion by Hall, J.) … Continue reading
The son of decedent, who was an agent under power of attorney and became executor of his mom’s estate, closed “payable on death” bank account while agent and distributed the money to two of the decedent’s three children and his … Continue reading
Court terminated parental rights of father for two children, because of father’s domestic violence, drug and alcohol abuse, and mental health. In Re B.B. and M.B., 4 Fid. Rep. 3d 429 (OC Berks 2014) (Opinion by Keller, J.) … Continue reading