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Home→Author Administrator1 - Page 3 << 1 2 3 4 5 … 9 10 >>

Author Archives: Administrator1

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Custodian’s Use of Minor’s Funds under UTMA

Custodian/mother of minor’s fund held under PA’s Uniform Transfers to Minors Act filed account to which minor’s father filed objections.  The court found that custodial funds were properly used to provide for the minor, because the custodian lacked her own … Continue reading →

Posted in Opinions | Tagged Account, Uniform Transfer to Minors Act

Summary Judgment in Will Contest

Disinherited children and grandchildren alleged fraud, undue influence, lack of testamentary capacity, and forgery of probated will, of which a good friend of the decedent was the sole beneficiary.  After considerable discovery, sole beneficiary moved for summary judgment, and the … Continue reading →

Posted in Opinions | Tagged Forgery, Fraud, Summary judgment, Testamentary Capacity, Undue influence, Will contest

Priority of Will Contests in Different States

Son of decedent petitioned for probate in Philadelphia, Pennsylvania, on 11 August 2011 with a 2010 will, and husband of decedent filed a petition for administration in the probate court of Palm Beach County, Florida, on 24 August 2011 with … Continue reading →

Posted in Opinions | Tagged Principle of priority, Will contest

Involuntary Termination of Parental Rights

Court involuntarily terminated parental rights of mother for two children, each with a different father, because mother has substance abuse problems and was derelict in her parental care of both children for more than 6 months prior to petition to … Continue reading →

Posted in Opinions | Tagged Conflict of interest, Involuntary termination, Parental rights

Common Fund Doctrine and Funds Not Increased Nor in Jeopardy

After adopted daughter of beneficiary of a trust petitioned court to determine whether she qualified as a beneficiary, and other beneficiaries opposed petition, the court denied the petition of the adopted daughter, because daughter was adopted at 23 and no … Continue reading →

Posted in Opinions | Tagged 42 Pa.C.S. 2503, Common fund doctrine

Surcharge for Commissions Paid Post Beneficiary’s and Trustee’s Deaths

Husband of income beneficiary received trust income for 3 years after the death of the income beneficiary, individual trustee’s law firm received trustee commissions for 8 years after the death of the individual trustee, and corporate trustee received trustee commissions … Continue reading →

Posted in Opinions | Tagged surcharge, Trustee commissions

Guardianship Proceedings in Two States

Individual, living in Lake County, Ohio, was adjudicated incapacitated and then moved to Delaware County, Pennsylvania, where her daughter petitioned the Orphans’ Court for adjudication of incapacity and appointment of a plenary guardian; the Orphans’ Court of Delaware County, applying … Continue reading →

Posted in Opinions | Tagged Incapacitated Person, PEF 5911, PEF 5913, PEF 5915, PEF 5916, PEF 5919

No Undue Influence in Beneficiary Designation

Dead Man’s Act applies to bar testimony of beneficiaries claiming interest in annuity contract, and was not waived by allegations by executor that beneficiaries had used undue influence over the decedent.  Applying principles similar to those that apply to wills, … Continue reading →

Posted in Opinions | Tagged Dead man's rule, Undue influence, weakened intellect

Mother of Claimant not Barred by Dead Man’s Act

In dispute with estate over ownership of watch, the person in possession of the watch cannot testify as to the alleged gift because of the Dead Man’s Act, but the mother of the alleged donee can testify.  Jamack Estate v Reis, … Continue reading →

Posted in Opinions | Tagged Dead man's rule

Judicial and Equitable Estoppel

Having taken a position in settlement of wrongful death and survival action as to proper division of proceeds, and having paid inheritance tax based on that position, removed executor is estopped from changing her position as to division of estate … Continue reading →

Posted in Opinions | Tagged Equitable estoppel, Judicial estoppel

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