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Author Archives: Administrator1

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Erroneous Distributions and Dilatory Conduct

Estate distribution was erroneous because share of charitable beneficiary was reduced by inheritance tax paid, and noncharitable beneficiaries were required to return the excess distributions in accordance with the indemnification agreements they signed at the time of the initial distributions.  … Continue reading →

Posted in Opinions | Tagged Attorney fees, Erroneous distributions, Executor commissions, Refunding agreements

Indirect Criminal Contempt of Orphans’ Court Order

After Orphans’ Court ordered son of alleged incapacitated person (mother) not to visit his mother at her nursing home without siblings’ supervision, (because he had previously manipulated her, blocked access to her, moved her out of state, and filed bankruptcy … Continue reading →

Posted in Opinions | Tagged Incapacitated Person, Indirect criminal contempt

Spousal Election, Desertion, and Spousal Abuse

Court found that spouse, who had elected against decedent’s estate, had not willfully and maliciously deserted decedent, because the spouse had been abused by decedent, meaning the spouse’s desertion was with cause, and she had not forfeited her right to … Continue reading →

Posted in Opinions | Tagged Malicious Desertion, PEF 2106(a), Spousal Election

Fiduciary Exception to Attorney-Client Privilege of Executor

The beneficiaries of an estate, having filed objections to the executor’s account, petitioned for discovery of all files relating to the estate; the court ordered that all files relating to the management of the estate be turned over to the … Continue reading →

Posted in Opinions | Tagged Attorney-client privilege, Discovery, Fiduciary exception

Counsel Removal Denied for Delay and Lack of Conflict

The Orphans’ Court denied removal of executor’s counsel after the first and final account for an estate had been filed, because the petition was brought over 5 years after counsel began representing the executor, making the objection waived, and an … Continue reading →

Posted in Opinions | Tagged PRPC 1.7(a), Removal of counsel, Waiver

Surcharge of Agent for Self-Dealing

Under a power of attorney, the agent did not keep records of disbursements and receipts; after reconstructing an account, the court surcharged the agent $11,207 for (1) half of property improvements on property jointly owned between principal and agent (for … Continue reading →

Posted in Opinions | Tagged Joint Tenancy, PEF 5601(e), Power of Attorney

Statute of Limitations Raised by Agent Prematurely

Agent under power of attorney was compelled to account, which he did, and then filed an action for declaratory judgment that all actions against him for his agency were barred by the statute of limitations, to which the court dismissed; … Continue reading →

Posted in Opinions | Tagged Declaratory Judgment, Mootness, Power of Attorney, Venue

Counsel Fees for Vexatious and Obdurate Adoption Litigation

After allowing revocation of biological mother’s consent to adoption by biological father and his wife, and after appeals by the father to the Superior Court (which directed calculation of counsel fees) and Supreme Court, the Orphans’ Court considered counsel fees … Continue reading →

Posted in Opinions | Tagged Adoption, Counsel fees and costs, Obdurate, vexatious

Expert Bonding Assessment (Parental Rights)

Court held that it was not required to consider expert testimony of whether a bond existed between mother and child before terminating parental rights, as it had considered that issue with the evidence presented and had found no such relationship.  … Continue reading →

Posted in Opinions | Tagged Expert testimony, Parental rights

ERISA Preemption of Beneficiary Designations

Decedent began divorce action before death and changed the beneficiaries of a profit sharing plan of his employer without spouse’s consent.  ERISA and not 20 Pa.C.S.A. 6111.2 controls, meaning beneficiary designations could not exclude spouse without spouse’s consent in writing.  … Continue reading →

Posted in Opinions | Tagged Divorce, ERISA, Retirement plan

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