Lifetime transfer of real property from decedent to son was voided due to lack of donative capacity and undue influence, so son must return proceeds of sale of property to the estate, along with mineral royalties received for the property. … Continue reading
Daniel Evans
Pettition for approval of stipulated order regarding confidential information to be exchanged by the parties was denied without prejudice when the court was not asked to determine whether documents were confidential and there was no compelling reason to approve the … Continue reading
Executor’s account should state assets as of date of death, and include receipts and disbursements beginning with date of death, and not from date of executor’s appointment. Executor also has duty to investigate the amounts and distributions of assets passing … Continue reading
Father’s attempt to revoke his consent to the adoption of his child, made orally at a hearing more than 30 days after the execution of the consent, was not timely under 23 Pa.C.S. § 2711(c) and was ineffective. In re: R.L., … Continue reading
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
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