Judgment will not be entered against surviving spouse for “necessaries” when the creditor did not bring suit against the contracting spouse, did not attempt to obtain letters of administration for the estate of the deceased contracting spouse and did file … Continue reading
Daniel Evans
Action against lawyer to decedent and charitable beneficiary of estate was dismissed because lawyer did not have conflict of interest merely because the lawyer’s partner has represented the charity in other matters and charity was not unjustly enriched. Estate of Kasych … Continue reading
Administrator C.T.A. surcharged for disbursements from estate funds for expenses that appear to be for her own personal use, and for amounts paid to the estate of the decedent’s brother and his widow, but not for amounts paid for repairs … Continue reading
Lease agreement with option to purchase, that did not specify a purchase price but instead stated that the purchase price would be based on an appraisal to be obtained, did not violate the statute of frauds and the lessee-purchaser was … Continue reading
Northampton County has adopted new local Orphans’ Court rules, to be effective November 13, 2017. “Administrative Order Orphans’ Court Rules; OC Admin Order No. 2017-002” (10/2/2017), 47 Pa.B. 6478 (10/21/2017). … Continue reading
The Supreme Judicial Court of Massachusetts has held that the federal Stored Communications Act (18 U.S.C. §§ 2701 et. seq.) does not prohibit Internet service providers from providing access to the digital assets of a decedent to the personal representatives … Continue reading
A son’s petition to have his 91 year old mother declared incapacitated was denied when the son had a power of attorney for his mother and controlled her finances, so that it was unlikely that his mother would become the … Continue reading
A claim to unclaimed property held by the Pennsylvania Treasury was properly denied when the property was a joint account in the names of the claimant’s mother and half-sister, the mother predeceased the half-sister so that the account became the … Continue reading
The administrator of the deceased settlor’s estate has standing to request the appointment of a temporary trustee when the trust was for the settlor’s benefit during his lifetime, the estate may have assets within the real properties held in the … Continue reading
Potter County has adopted a number of new local rules, including two local Orphans’ Court rules for adoption proceedings. “Local Rules; No. 113 of 2017 Misc. Division” (Potter Co. 9/13/2017), 47 Pa.B. 6192 (10/7/2017). … Continue reading