Mortgage lien was extinguished by sale ordered by court under 20 Pa.C.S. 3353, which had the effect of a judicial sale. Landis Estate, 3 Fid. Rep. 3d 183 (O.C. Montgomery Co. 2013), rev’d, 85 A.3d 506, 2014 PA Super 7 (2014). … Continue reading
Administrator1
Agent’s account was found to be unreliable and was not confirmed, so the agent was ordered to return to the guardian of the estate of the incapacitated principal amounts claimed to have been paid as compensation, reimbursements for expenses, or … Continue reading
After incapacitated person was found to be eligible for medical assistance, guardian of the estate was not required to file a petition to seek court approval to spend the ward’s income on expenses other than the medical and nursing home … Continue reading
An oral prenuptial agreement may be established by clear and convincing evidence, and the court found credible the wife’s testimony that there was an agreement that she would have an interest in the marital residence based on her use of … Continue reading
Daughter who had been disinherited by the principal did not have standing to object to the account of the agent for the principal who was living, was not alleged to be incapacitated, and filed an affidavit in support of the … Continue reading
In a will contest for undue influence, the court found that the testator did not have a weakened intellect, meaning a prima facia claim of undue influence fails. Also, the court rejected an amendment to the petition for appeal from the … Continue reading
In a will contest for undue influence, discovery of estate planning documents from lawyer for testator is allowable under the testamentary exception to the attorney-client privilege. Cohen Estate, 3 Fid. Rep. 3d 145 (O.C. Bucks 2012) (Opinion of Gilman, J.) … Continue reading
A confidential report alleging that an individual in her eighties was the subject of financial mismanagement and abuse triggered a confidential investigation under the Older Adults Protective Services Act, to which the elder individual stymied, stonewalled, or ignored, leading to … Continue reading
A trust, providing outright distributions to two beneficiaries, income distributions to three more beneficiaries for life, and three charities as remaindermen, cannot be terminated with the consent of all beneficiaries under 20 Pa. C.S.A. § 7740.1 , because the trust … Continue reading
Upon remand from Superior Court, trial court corrected its decree concerning attorney fees paid to prevent removal and held that both former executors jointly and severally are liable for the amount surcharged. Rappaport Estate, 3 Fid.Rep.3d 115 (O.C. Bucks 2012) … Continue reading