Deed of decedent’s property to administrator individually, executed two months before being appointed administrator, was voidable and voided by the court, and the mortgage of the property executed after letters were granted, but signed by administrator in her individual capacity, … Continue reading
Daniel Evans
The presumption that a child born during a marriage is the child of both parents applies even in same-sex marriages, and so the non-birth parent has standing in a dependency hearing over the child. In the Interest of: A.M., a … Continue reading
Although a nonprofit corporation formed as a volunteer fire company had been decertified and could no longer fight fires in accordance with its original charitable purposes, involuntary dissolution and cy pres would not be applied when the corporation continues to … Continue reading
Three handwritten pages labeled “Pg 1,” “Pg 3,” and “Pg 4,” with all three paragraphs on the first page page struck through diagonally and a signature on page 4, were found to be notes of the decedent, and not a … Continue reading
A ninety year old woman suffering from dementia was unable to change her domicile, so her estate was not subject to inheritance tax even though her son had moved her from New York to an assisted living facility in Pennsylvania … Continue reading
Civil Division had concomitant jurisdiction with Orphans’ Court over life insurance proceeds that were the subject of a property settlement agreement following the divorce of the decedent and his former spouse, and had the power to impose damages on the … Continue reading
Not allowing a litigious beneficiary any oral argument after the late filing of an unconvincing brief is not grounds for recusal. Robert M. Mumma Estate, 10 Fid.Rep.3d 18 (Cumberland O.C. 2019), app. quashed, 1326 MDA 2019 (5/11/2020) (non-precedential). … Continue reading
Evidence that the decedent ended contacts with friends, stopped speaking to his son, moved to the Poconos, and remarried is not sufficient proof of undue influence by his second wife, lack of testamentary capacity, or fraud in the inducement, and … Continue reading
A trust with a remainder payable to a named charity will not violate the rule against perpetuities even though the current beneficiaries were not lives in being when the trust was created, and so the early termination of the trust … Continue reading
When there is a transfer of a residence or other real estate with a retained life estate (which is usually not recommended, because it does not avoid any inheritance tax and can restrict the ability of the transferor to sell … Continue reading