Because the Superior Court had previously ruled that the agent’s deposit of a refund check of the principal into a joint account with the agent was not a per se breach of fiduciary duty, the court in the second appeal … Continue reading
Category Archives: Opinions
The duties of an agent under 20 Pa.C.S. § 5601.3 apply to powers of attorney created before January 1, 2015, but do not apply to acts of omissions of agents that occurred before that date, and an agent’s deposit in … Continue reading
The handwritten, notarized document signed by the decedent by which he purportedly “gave” his house to the claimant, with the condition that the claimant pay the existing mortgage until he was able to obtain a mortgage in his own name, … Continue reading
A deed from a joint tenant to herself was insufficient to sever the joint tenancy and create a tenancy in common with the other joint tenant. Grant v. Grant, ___ A.4th ___, 18 WAP 2024 (Pa. 8/19/2025). … Continue reading
The Orphans’ Court had subject matter jurisdiction over a complaint alleging that changes in a public park violated the Donated Property Act, the Inalienable Property Act, and the Environmental Rights Amendment. In re: Preservation of FDR Park, ___ A.4th ___, … Continue reading
It was not error for the Orphans’ Court to refuse to consider the actions taken by the executor to administer the estate after the petition for removal had been filed. In re: Estate of Linda J. Cook, 859 WDA 2024 … Continue reading
When the two trustees disagreed about whether to sell the real property held in the trust or to continue to rent it out, one trustee was removed for breaches of trust because he acted unilaterally to stop offering the property … Continue reading
The decedent’s will gave his home in trust “for the sole occupancy” of the decedent’s friend and caretaker, “until she vacates said premises, or upon her death.” The Orphans’ Court erroneously held that the beneficiary had a life estate, but … Continue reading
An appeal of the appointment of a plenary guardian for an alleged incapacitated person (AIP) is generally moot following the death of the AIP, and the exception for appeals raising issues of public importance or that would otherwise evade review … Continue reading
An interim order, entered with the consent of the husband and wife during a divorce proceeding, that awarded real property owned by the husband and wife as tenants by the entireties to the husband, was an enforceable marital settlement agreement … Continue reading