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Home→Author Daniel Evans - Page 85 << 1 2 … 83 84 85 86 87 … 119 120 >>

Author Archives: Daniel Evans

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No Action against Lawyer and Charity

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 →

Posted in Opinions | Tagged Conflict of interest, Unjust enrichment

Surcharge Imposed for Unjustified Payments

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 →

Posted in Opinions | Tagged Executor commissions, surcharge

Option to Purchase Based on Appraisal is Enforceable

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 →

Posted in Opinions | Tagged Option to purchase, Statute of Frauds

Northampton Co. Local O.C. Rules

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 →

Posted in News, Rules and Regs. | Tagged Local Rules

Federal Law Does Not Bar Access to Decedent’s On-Line Accounts (Mass.)

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 →

Posted in News, Opinions | Tagged Digital assets

Ninety-One Year Old not Adjudicated Incapacitated

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 →

Posted in Opinions | Tagged Incapacitated Person

Claim of Half-Brother to Unclaimed Property Denied

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 →

Posted in Opinions | Tagged Intestacy, Joint Tenancy, Unclaimed property

Administrator of Settlor’s Estate Has Standing in Action for Temporary Trustee

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 →

Posted in Opinions | Tagged Standing, Temporary fiduciaries

Potter County Adoption Rules

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 →

Posted in News, Rules and Regs. | Tagged Local Rules

Huntingdon County O.C. Public Access

Huntingdon County has adopted a Public Access Policy affecting access to records of the Orphans’ Court.  “Public Access Policy of the Huntingdon County Court of Common Pleas; Case Records; No. CP-31-MD-198-2017; AO No. 1-2017” (9/20/2017), 47 Pa.B. 6187 (10/7/2017). … Continue reading →

Posted in News, Rules and Regs. | Tagged Local Rules, Public access policy

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