↓

Evans Estate Law Resources

Home Menu ↓
Skip to primary content
Skip to secondary content
  • Home
  • Resource Types
    • News
    • Articles
    • Opinions
    • Rules and Regs.
    • Directories
    • Statutes
    • Rates
    • Tips
    • Overview
    • Forms
  • Rate Tables
    • Applicable Federal Rates
    • Section 7520 Rates
    • Blended Annual Rates
    • Federal Under/Overpayments Rates
    • PA Underpayment Rates
    • PA Common Level Ratios
    • Federal Estate and Gift Tax Rates and Exclusions
  • Directories
    • Registers of Wills
    • Clerks of Orphans’ Courts
    • PA Legislation Pending
    • Attorney General Offices and Notices
    • Software and Services for an Estates Practice
    • Eligible Institutions for Fiduciary Funds
  • About Us
    • Daniel B. Evans
  • Login/Membership
    • Log In
    • Membership Billing
    • Membership Cancel
    • Membership Checkout
    • Membership Confirmation
    • Membership Invoice
    • Membership Levels
Home→Categories Opinions 1 2 3 … 59 60 >>

Category Archives: Opinions

Post navigation

← Older posts

Ejectment Action Required Proof of Title, but Joinder of Heirs

Posted on March 29, 2023 by Daniel EvansMarch 29, 2023

In an ejectment action brought by the administrator of an estate, the heirs of the decedent were not indispensible parties even though title to the property had passed to the heirs at the death of the decedent under 20 Pa.C.S. … Continue reading →

Posted in Opinions | Tagged Ejectment

Later Will Can Be Probated on Appeal from Register

Posted on March 20, 2023 by Daniel EvansMarch 20, 2023

The discovery of a later will may be the subject of an appeal to the Orphans’ Court within one year of the probate of the earlier will even though the appeal is after the end of the three month period … Continue reading →

Posted in Opinions | Tagged Appeal from Register, PEF 3138

Late Spousal Election Allowed Due to COVID-19 Pandemic

Posted on March 2, 2023 by Daniel EvansMarch 2, 2023

It was not an abuse of discretion or an error of law for the Orphans’ Court to allow a late spousal election under 20 Pa.C.S. § 2210 by the guardian of an incapacitated spouse when the COVID-19 pandemic struck between … Continue reading →

Posted in Opinions | Tagged Equitable tolling, Spousal Election

Conveyance of Real Estate Set Aside for Self-Dealing

Posted on February 26, 2023 by Daniel EvansFebruary 26, 2023

The Orphans’ Court had the power to set aside a conveyance of real estate by the executor after his removal from office as a remedy for self-dealing, and not a surcharge, and under the doctrine of “the law of the … Continue reading →

Posted in Opinions | Tagged Law of the case, Self-dealing

Family Court Had Jurisdiction to Divide Marital Property Following Death of Spouse

Posted on February 26, 2023 by Daniel EvansFebruary 26, 2023

Wife in divorce action died on the same day the decree of divorce was entered, and the family court later issued a final order for the equitable division of marital property. The family court, and not the Orphans’ Court, had … Continue reading →

Posted in Opinions | Tagged Divorce, Jurisdiction

Trustee Commissions and Legal Fees Reduced for Errors by Trustee

Posted on February 26, 2023 by Daniel EvansFebruary 26, 2023

By distributing some trusts years before and adding the assets of those trusts to other trusts, the trustee waived claims for commissions payable from those trusts, as well as attorneys’ fees incurred later. The trustee also failed to provide clear … Continue reading →

Posted in Opinions | Tagged Attorney fees, Trustee commissions

Emergency Injunction Against Funeral and Burial Denied

Posted on February 26, 2023 by Daniel EvansFebruary 26, 2023

Petition for temporary injunction against the funeral and burial of the decedent’s father was denied for lack of jurisdiction when the decedent did not reside in Pennsylvania and was to be buried in another county, the only connect to Montgomery … Continue reading →

Posted in Opinions | Tagged Decedent's remains, Injunction, Jurisdiction

Petition for Removal of Trustee Dismissed

Posted on January 27, 2023 by Daniel EvansJanuary 27, 2023

The Superior Court has affirmed the dismissal of a petition to remove a corporate trustee, finding that the allegations of the petition were not grounds for removal under 20 Pa.C.S. § 7766(b). Specifically, neither changes in staffing by the trustee, … Continue reading →

Posted in Opinions | Tagged Removal of trustee

Trustee Modifications with Consent of Settlor

Posted on January 27, 2023 by Daniel EvansJanuary 27, 2023

The Supreme Court has reversed decisions of the Superior Court and Orphans’ Court and held that a trust modification with the consent of the settlor under 20 Pa.C.S. §7740.1(a) may change the provisions of a trust relating to the appointment … Continue reading →

Posted in Opinions | Tagged Trust Modification

Trustee Property Management Surcharges Allowed and Denied

Posted on December 4, 2022 by Daniel EvansDecember 4, 2022

Trustee was not in contempt for preparing and filing an account that did not comply with the Rules of Orphans’ Court Procedure, but a surcharge was imposed “to uphold the authority of the Court,” although the fees of the CPA … Continue reading →

Posted in Opinions | Tagged Account form, Self-dealing, surcharge, Trustee duties, Trustee removal

Post navigation

← Older posts
Home→Categories Opinions 1 2 3 … 59 60 >>

Contact Us:

Evans Law Office
101 Old York Road, Suite 303
Jenkintown, PA 19046
Telephone: (866) 348-4250
Email: resources@evans-legal.com
Site Work and Design Provided by M&K Early Design Group
© 2023 - Evans Estate Law Resources
↑