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Home→Author Daniel Evans - Page 21 << 1 2 … 19 20 21 22 23 … 123 124 >>

Author Archives: Daniel Evans

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Interest on Note Was Simple and Not Compounded

Posted on February 5, 2024 by Daniel EvansFebruary 5, 2024

The decedent’s note was silent on how interest was to be calculated, and the court would not consider extrinsic evidence in the form of amortization schedules, so the interest on the unpaid principal was to be calculated as simple interest … Continue reading →

Posted in Opinions | Tagged Claim against Estate, Interest

Document Was Not a Codicil

Posted on February 5, 2024 by Daniel EvansFebruary 5, 2024

The document offered as a codicil to the decedent’s will was allegedly signed by the decedent in the hospital two days before her death and was denied probate by the Register of Wills. Based on the contents of the document … Continue reading →

Posted in Opinions | Tagged Codicil, Dead man's rule, Testamentary intent

Daughter Waited Too Long to Challenge Gifts

Posted on February 5, 2024 by Daniel EvansFebruary 5, 2024

The petition filed by a daughter challenging the gifts made to the other daughter four years before the mother was adjudicated incapacitated was denied because: (a) The lawyer who had represented and advised the incapacitated person (IP) in 2011 and … Continue reading →

Posted in Opinions | Tagged Confidential relationship, Judicial notice, laches, Standing

Medical Records Supported Involuntary Commitment

Posted on February 5, 2024 by Daniel EvansFebruary 5, 2024

The decision of a Mental Health Hearing Officer for an involuntary commitment for treatment for 20 days was affirmed based on information in medical records that was read into evidence and which fell within the regular records exception to the … Continue reading →

Posted in Opinions | Tagged Hearsay, Involuntary commitment

Trustee Compensation Approved and Surcharge Denied for Lack of Inheritance Tax Discount; Removal of Trustees Denied

Posted on January 28, 2024 by Daniel EvansJanuary 28, 2024

The compensation of the trustees of a revocable trust following the death of the settlor was found to be reasonable, objection to valuation of rare musical instruments was overruled because the actual values could only be determined by sales of … Continue reading →

Posted in Opinions | Tagged Inheritance tax discount, Objections to account, Removal of trustee, surcharge, Trustee removal

Administration of Terminating Trust until Disputes Are Resolved

Posted on January 28, 2024 by Daniel EvansJanuary 28, 2024

Applying Florida law, the court denied motions: (a) to order distribution of the entire trust even though the beneficiary had reached the age of 35 and had exercised his right to withdraw the balance of the trust, and instead allowed … Continue reading →

Posted in Opinions | Tagged Trust termination

Ejectment Action by Foreign Trust

Posted on January 28, 2024 by Daniel EvansJanuary 28, 2024

The successor trustee of a New York trust created by New York residents was entitled to a writ of possession for real estate transferred to the trust by the settlors during their lifetimes when the daughter of the settlors who … Continue reading →

Posted in Opinions | Tagged Ejectment, Foreign trust

Petition to Determine Names of Ancestors Denied

Posted on January 28, 2024 by Daniel EvansJanuary 29, 2024

A petition to establish that the names on various birth certificates were alternate names of ancestors of the petitioner, which the petitioner alleged was needed for an application for dual Italian and American citizenship, was denied for lack of subject … Continue reading →

Posted in Opinions | Tagged Jurisdiction

Counsel Fees of Alleged Incapacitated Persons Denied

Posted on January 28, 2024 by Daniel EvansJanuary 28, 2024

It was not an abuse of discretion for the Orphans’ Court to deny the attorney fees requested by a law firm representing alleged incapacitated persons (“AIPs”) when the firm’s engagement letter was voidable because it was signed by the AIPs … Continue reading →

Posted in Opinions | Tagged Attorney fees, Guardianship

Niece Not Named in Prior Wills Did Not Have Standing to Contest Later Will

Posted on January 21, 2024 by Daniel EvansJanuary 21, 2024

The niece of the decedent did not have standing to contest the will of the decedent because she was not named as a beneficiary in the two previous wills of the decedent and was named only as a co-executor in … Continue reading →

Posted in Opinions | Tagged Standing

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