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Home→Author Administrator1 - Page 9 << 1 2 … 7 8 9 10 >>

Author Archives: Administrator1

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Divorce Proceedings, ERISA, and 401(k) Beneficiary Designation

Despite divorce action, widow allowed deceased husband’s share of his company’s 401(k) profit sharing plan.  McGarrity Estate, 2 Fid. Rep. 3d 447 (O.C. Chester 2012) (Opinion by Tunnell, J.) … Continue reading →

Posted in Opinions | Tagged 401(k), divorce action, ERISA, PEF 2106, PEF 6111.2

Large Executor Commission Allowed in Small Estate

10% executor commission allowed in a small estate of $48, 516.61, where beneficiary infighting and obstructionism created greater effort and time of executor; commission not limited to fee schedule under Johnson Estate.  Duhovis Estate, 2 Fid. Rep. 3d 431 (O.C. … Continue reading →

Posted in Opinions | Tagged Executor Commission, Fee Schedule, Small estate

Testamentary Capacity and Undue Influence in Change of Estate Plan

Appeal of probate dismissed, because decedent had testamentary capacity and no undue influence existed, because decedent understood the bounty of his estate, its disposition, and no party influenced the decedent’s new will.  Evans Will, 2 Fid. Rep. 3d 421 (O.C. … Continue reading →

Posted in Opinions | Tagged PEF 3132(1), PEF 3132.1(a), PEF 908(a), Testamentary Capacity, Undue influence, Will contest

Executor and Attorney Fees Reduced

Executor’s commission reduced, trustee removed, and attorney’s fee reduced, because the executor advanced commission for work not yet done, did not keep hours, and estate was not complicated.  Butler Estate and Trust, 2 Fid. Rep. 3d 402 (O.C. Phila. 2012) … Continue reading →

Posted in Opinions | Tagged Commission, Fee Schedule, LaRocca Estate, surcharge

Testamentary Capacity Directly After Surgery?

Will set aside on appeal of probate, because of lack of testamentary capacity and undue influence, when decedent signed will directly after surgery.  Ehrhardt Will, 2 Fid. Rep. 3d 412 (O.C. Monroe 2011) (Opinion by Miller, J.) … Continue reading →

Posted in Opinions | Tagged Testamentary Capacity, Undue influence, Will contest

Specific Performance for Burnt Property?

Court denied specific performance for real property, because the written contract was not with decedent or decedent’s agent, and oral contract with equitable consideration for possession and improvement to property does not amount to specific performance in this case, because … Continue reading →

Posted in Opinions | Tagged Specific Performance, Statute of Frauds

Prenuptial Agreement Created Valid Claim Against Estate

Court decided in declaratory judgment that widow’s notice of claim against decedent’s estate had merit under prenuptial agreement, pertaining to payment of mortgage and substitute payments for reduced salary, using contract construction.  Campbell Estate (No. 1), 2 Fid. Rep. 3d … Continue reading →

Posted in Opinions | Tagged Claim against Estate, Prenuptial Agreement

Undue Influence and Poor English Skills

Nonsuit granted in will contest for fraud and undue influence, because contestant did not establish with a clear and convincing evidence that the decedent’s lack of English skills did not affect mental state for undue influence, when decedent was a … Continue reading →

Posted in Opinions | Tagged Undue influence, weakened intellect, Will contest

Hybrid Attorney Fee Agreement in Enforcement of Prenuptial

The Court allowed for payment of widow’s attorney fees against estate under prenuptial agreement, which was a hybrid agreement of half hourly rate plus 20% recovered, but Court reduced attorney fees to full hourly rate plus $75,000.  Campbell Estate (No. … Continue reading →

Posted in Opinions | Tagged Hybrid Attorney Fees, Prenuptial Agreement

Widow Cannot Compel Account from Agent

The court in a will contest for undue influence held that the widow of decedent lacked standing to compel an account from the decedent’s agent under power of attorney, because only the principal or the executor of the principal’s estate … Continue reading →

Posted in Opinions, Resource Types | Tagged Account, Power of Attorney, Standing

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