Decedent with multiple residences was found to be domiciled in Pennsylvania, as all of his mail came to his Philadelphia residence and he wished to return there; undue influence was not proved by either direct or indirect evidence, as the … Continue reading
Griffin Evans
The Commonwealth (as parens patriae) objected to first and final account of estate and trust with charitable beneficiaries, because the Commonwealth was not given Rule 5.6 notice, and the trust and estate terminated at the death of the lifetime beneficiary, … Continue reading
Decedent executed a will in 1996, consisting of 9 words, date, and signature leaving everything to his mother. Following his death, another document is found consisting of 12 words (“At the time of my death, the house goes to Sandy … Continue reading
Surviving spouse, with a limited power of appointment over marital trust, exercised such appointment to the exclusion of one of her three children, to which the excluded child objected, because the surviving spouse had acted in bad faith and did … Continue reading
The Superior Court, sitting en banc, has reversed the Orphans’ Court of Delaware county in deciding which was the measuring life for purposes of the rule against perpetuities as applied to a 1931 trust under the will of George McFadden. … Continue reading
Evidence that decedent had suffered from a mental illness, and was determined to be incapacitated after executing will, was not sufficient to overcome evidence that decedent had testamentary capacity when executing will. Daughter was not in a confidential relationship with … Continue reading
In will contest, executor of probated will (and former agent of decedent under a power of attorney) appealed from the trial court’s demurrer of two preliminary objections, arguing that intestate heirs lack standing to contest the will and lack standing … Continue reading
In an appeal from an adjudication of an incapacitated person, the Orphans’ Court explained that the issues not raised at trial should be quashed, because they were waived, and that when jurisdiction was returned to the Orphans’ Court, a review … Continue reading
Foster parents lack standing in petition to terminate parental rights, because §2512 of the Adoption Act does not list foster parents as parties that may file a petition to terminate parental rights. However, under §6336.1 of the Juvenile Act, foster … Continue reading
A mother’s parental rights were terminated, because she continued to have a relationship with a man, who had been charged with rape and indecent assault of pre-school aged children. In re O.M.H., 4 Fid. Rep. 3d 259 (O.C. Berks 2013) … Continue reading