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Home→Author Daniel Evans - Page 89 << 1 2 … 87 88 89 90 91 … 95 96 >>

Author Archives: Daniel Evans

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Exhumation for Paternity Testing

Petitioner presented sufficient evidence to show reasonable cause to believe that genetic testing would assist in a determination of paternity, and expert testimony to establish that exhumation of the decedent would provide viable tissue samples for DNA testing.   Fox Estate, … Continue reading →

Posted in Opinions | Tagged Exhumation, Paternity

Trust Modification to Remove Trustee Denied

In denying a petition by the beneficiaries of a trust to modify the trust to allow the beneficiaries to remove and replace the trustee, Judge Herron has confirmed that the provisions of 20 Pa.C.S. § 7140.1 allowing modification of trusts … Continue reading →

Posted in Opinions | Tagged PEF 7140.1, PEF 7766, Trust Modification, Trustee removal

Powers of Attorney after Act 95 (Part IV)

Posted on September 5, 2014 by Daniel EvansOctober 15, 2014

This fourth and final part of a four part series describes the changes made by Act 95 of 2014 to the duties and liabilities of agents, as well as a few miscellaneous changes not covered by previous parts.

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Posted in Articles | Tagged Power of Attorney

Powers of Attorney after Act 95 (Part III)

Posted on September 3, 2014 by Daniel EvansOctober 15, 2014

This third part of a four part series on Act 95 of 2014 describes the changes made to the provisions for liabilities of third parties relying upon, or refusing to accept, a power of attorney.

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Posted in Articles | Tagged Power of Attorney

Challenge to Undated Will Denied

An appeal from the probate of an undated will was denied without prejudice to the filing of a new petition when a later will has been discovered. Williams Estate, 4 Fid.Rep.3d 344 (O.C. Phila. 4/21/2014). … Continue reading →

Posted in Opinions | Tagged Undated will

Lack of Standing to Make Claim to Estate

Preliminary objections upheld, because a party who has been held to lack standing to contest a will also lacks standing to claim an interest in estate assets.  Ciuccarelli Estate, 4 Fid.Rep.3d 335 (O.C. Phila. 5/21/2014), aff’d 1251 EDA 2014 (Pa.Super. … Continue reading →

Posted in Opinions | Tagged standing

Estate Administration for 18 Years Approved

Surcharge for administration of estate for 18 years denied when real property held by estate was farmed and productive, there was litigation over condemnation of part of the property, there were disagreements among the beneficiaries over whether to sell or … Continue reading →

Posted in Opinions | Tagged Attorney fees, Delay in estate administration, Executor Commission

Change of Situs of Testamentary Trust

Change of situs of a testamentary trust was denied under 20 Pa.C.S. § 7708(c) when all qualified beneficiaries and one trustee consented to the change but one trustee did not consent, but change approved under § 7708(g) when the court … Continue reading →

Posted in Opinions | Tagged PEF 7708, Situs of trust

Testamentary Trust of Life Insurance

Person designated as “executor of my estate and insurance” was the trustee who was the life insurance beneficiary described as “trustee(s) or successor(s) as provided in last will” when the will included specific bequests of life insurance proceeds even though … Continue reading →

Posted in Opinions | Tagged Life insurance beneficiary, PEF 7732

Girard College Denied Trust Modification

The Philadelphia Orphans’ Court has denied a petition by Board of Directors of City Trusts of Philadelphia seeking a modification of the trust for Girard College under the will of Stephen Girard that would have converted the college’s residential program … Continue reading →

Posted in Opinions | Tagged Charitable trusts, Trust Modification

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