HTML Version Copyright 2000- Daniel B. Evans. All rights reserved. Last revised 4/12/2013 (to fix links to forms) To probate a will in Pennsylvania, or obtain letters of administration if the decedent died without a will, the following must be filed with … Continue reading
Daniel Evans
HTML Version Copyright 1995- Daniel B. Evans. All rights reserved. (Last updated 1/24/2020) The Register of Wills of each county in Pennsylvania is responsible for the probate of wills and the grant of letters testamentary or letters of administration to the personal representatives (executor or administrator) … Continue reading
Decedent began divorce action before death and changed the beneficiaries of a profit sharing plan of his employer without spouse’s consent. ERISA and not 20 Pa.C.S.A. 6111.2 controls, meaning beneficiary designations could not exclude spouse without spouse’s consent in writing. … Continue reading
Evidence that the decedent was eighty-nine years old, unable to perform the usual activities of daily living, experienced memory lapses, and exhibited other characteristics of old age and declining mental health were insufficient to overcome presumption of testamentary capacity, but … Continue reading
Decedent was domiciled in Pennsylvania at the time of her death because she had maintained the same home in Philadelphia for more than 40 years, and she had shown by her continued presence and connections to Philadelphia that she still … Continue reading
Appeal from probate was denied even though the appeal was filed within one year of probate when there was an unexplained delay in the filing of the appeal and the estate was prejudiced by the delay because it was unable … Continue reading
Niece and nephew of deceased settlor failed to show that they were beneficiaries of a trust, or that the settlor’s lawyer had been appointed to serve as a trustee, and so they had no standing to compel an accounting from … Continue reading
Proponent of will received substantial benefit under new will because his share of the estate increased from 6% to 35%, and his family’s share increased from 39% to 76%, and proponent had a confidential relationship with the testator, his aunt, … Continue reading
Shortly before decedent’s death, decedent deposited proceeds from the sale of his business into a bank account in joint names with his wife (tenancy by the entirety), from whom he was separated, and then promptly withdrew the money, placing it … Continue reading
On April 13, 2013, the Orphans’ Court Procedural Rules Committee published proposed new rules for the Orphans’ Courts of the Commonwealth. Exists rules 1.1 through 14.5 would be vacated and new rules 1.1 through 11.6 adopted in their place. The … Continue reading