In a challenge to a transfer of the decedent’s residence during the decedent’s lifetime that was made to the decedent’s daughter by the agents under the decedent’s power of attorney, the brother of the transferee, who was also a co-agent, … Continue reading
Daniel Evans
It was not an abuse of discretion for the Orphans’ Court to remove the father of the incapacitated person as guardian when the father had failed to provide financial information and turn over assets to a successor guardian as ordered … Continue reading
Executor is required to reimburse estate for estate funds used to pay taxes and expenses of decedent’s business. Sale of property to decedent’s daughter for less than the value reported on the inheritance tax return was approved due to the … Continue reading
The administrator was properly removed for failing to make any effort to settle or distribute the estate for twenty-five years, for failing to keep records allowing for an account of his administration, and for co-mingling of assets. Neither the lack … Continue reading
In litigation over the compensation and expenses of trustees of a charitable trust, the Orphans’ Court denied enforcement of interrogatories by the trustees addressed to the Attorney General which requested information about admissions and the purposes of expenses because the … Continue reading
The appellant told his cousin that he planned to order a gun and ammunition to kill his stepbrother, and those statements were relayed to a physician who considered them to be credible threats and who recommended an extended commitment for … Continue reading
When objections are made to expenses claimed by an executor, the burden is on the executor to provide receipts or other evidence of the purpose and payment of the expenses, and the Orphans’ Court properly surcharged the executor for undocumented … Continue reading
Provisions of trust documents requiring that successor trustees that may be appointed in the future must be partners of a named law firm does not require that the trustee who is appointed and accepts the appointment must remain a partner … Continue reading
The lack of any testimony from a handwriting expert, together with the “imprecise” testimony of children who were disinherited, did not amount to clear and convincing evidence of forgery, and was credibly refuted by the scrivener who testified to the … Continue reading
Pa.R.O.C.P. 4.1(c) (and similar rules in most other courts) states that the text of all petitions and other “legal paper” filed with the Orphans’ Court must be “double spaced.” Based on a recent motion filed in a federal court and … Continue reading