Orphans’ Court had no in personam (personal) jurisdiction over administrator of Virginia estate who resided in New Jersey, and the court could not order the distribution of assets of the Virginia estate to the personal representative of a Pennsylvania beneficiary. … Continue reading
Daniel Evans
Orphans’ Court has subject matter jurisdiction over claim by the personal representative of of the estate of a nonresident decedent to real estate in Pennsylvania, and dismissal of petition could not be sustained as a demurrer when petitioner had no … Continue reading
Previously overlooked: The report of the Supreme Court’s Elder Law Task Force was released in November 2014. The press release announcing the report, titled “Elder Law Task Force delivers report with recommendations to aid Supreme Court in protecting elders from … Continue reading
The property that is owned by a decedent at death is administered by the executor or administrator of the decedent’s estate and is always subject to the claims of the decedent’s creditors. The Probate, Estates and Fiduciaries Code (“PEF Code”),...
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An action against an agent to recover assets transferred by the agent during the decedent’s lifetime was not barred by the two year statute of limitations under 42 Pa.C.S. § 5524, and was not barred by laches, when there was … Continue reading
Beneficiaries named in a trust amendment prepared by a lawyer have standing as third-party beneficiaries to sue the lawyer for breach of contract when the trust amendment was never executed due to an admitted “oversight” by the lawyer. Estate of … Continue reading
According to the Analytical Perspectives volume from President Obama’s fiscal 2016 budget proposal, the President will be proposing that transfers at death or by gift should result in the recognition of gain. From the volume: In the case of a … Continue reading
Quantum meruit claim for lifetime services by licensed nurse practitioner allowed for two years before death (not barred by statute of limitations), even though she had already been compensated for nursing services, because her services were beyond those of a … Continue reading
Contract for sale of real estate by executor was approved, and given the effect of a judicial sale under 20 Pa.C.S. § 3353, even though a third party might profit from the sale because the third party was willing to … Continue reading
An intestate heir found guilty but mentally ill in first degree murder of the decedent was barred from inheriting under the Slayer’s Act, 20 Pa.C.S. § 8801 et seq. McAndrew Estate, 131 A.3d 988, 2016 PA Super 4 (1/5/2016), aff’ng 5 … Continue reading