Forgery is not proved by the testimony of the decedent’s children that the signature on the will does not look like the decedent’s when the decedent’s lawyer and the subscribing witnesses to the will all testify that they saw the … Continue reading
Daniel Evans
Court would not issue a temporary restraining order to continue life support for minor child who showed no brain activity and was legally dead under the Uniform Declaration of Death Act, 35 P.S. § 10203. In Re Anonymous, a Minor, 8 … Continue reading
The five percent discount for inheritance tax paid within three months of death (§ 2142 of the Inheritance and Estate Tax Act, 72 P.S. § 9142) is often a significant benefit, and so care should be taken to make sure...
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Clinton County has adopted new local Orphans’ Court rules, effective thirty days after publication. “Local Rules; 29 January Term 1976” (Clinton Co. 9/28/2018), 48 Pa.B. 6551, 6561 (10/13/2018). … Continue reading
Clinton County has updated its administrative rules, including its rule on the public access policy. “Local Rules; 29 January Term 1976” (Clinton Co. 9/28/2018), 48 Pa.B. 6551 (10/13/2018). … Continue reading
The Superior Court has held that an incapacitated person can be represented in a divorce action only by a court-appointed guardian or guardian ad litem, and that an agent under a durable power of attorney cannot prosecute or defend a … Continue reading
Change of beneficiary form that referred to original annuity contract and was submitted to the insurance company after the contract had matured and been converted to a supplemental annuity contract was insufficient to change the beneficiary of the supplemental contract … Continue reading
When trust document grants the beneficiary the power to remove and replace a corporate trustee “for any reason whatsoever” with court approval, the beneficiary did not need to allege or show any cause for removal provided by 20 Pa.C.S. § … Continue reading
Will contest alleging lack of testamentary capacity and undue influence was subject to nonsuit when proponent of will introduced self-proving will that had been admitted to probate and objectant failed to call any witnesses, offering only medical records that were … Continue reading
Guardian of the estate of an incapacitated person was surcharged for unexplained discrepancies in her account showing funds were missing, for an act of self-dealing by payment to an entity owned by the guardian’s husband, and for a payment allegedly … Continue reading