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Home→Categories Opinions 1 2 3 … 79 80 >>

Category Archives: Opinions

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Insufficient Evidence of Breach of Fiduciary Duty by Agent

Posted on September 2, 2025 by Daniel EvansSeptember 2, 2025

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 →

Posted in Opinions | Tagged Agent's duties, Attorney fees, Breach of Fiduciary Duty, Law of the case

No Improper Commingling of Assets by Agent

Posted on September 2, 2025 by Daniel EvansSeptember 2, 2025

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 →

Posted in Opinions | Tagged Agent's duties, Breach of Fiduciary Duty, self dealing

No Inter Vivos Gift of Realty without Deed

Posted on September 1, 2025 by Daniel EvansSeptember 1, 2025

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 →

Posted in Opinions | Tagged Delivery of gifts, Inter vivos gifts

Deed from Joint Tenant to Herself Did Not Sever Joint Tenancy

Posted on August 21, 2025 by Daniel EvansAugust 21, 2025

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 →

Posted in Opinions | Tagged Joint Tenancy

Orphans’ Court Had Jurisdiction over Objections to Park Renovations

Posted on August 16, 2025 by Daniel EvansAugust 16, 2025

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 →

Posted in Opinions | Tagged Jurisdiction

Executor’s Post-Petition Actions Not Considered in Removal

Posted on August 16, 2025 by Daniel EvansAugust 16, 2025

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 →

Posted in Opinions | Tagged Removal of fiduciary

Removal of Co-Trustee for Breaches of Trust during Deadlock

Posted on August 11, 2025 by Daniel EvansAugust 11, 2025

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 →

Posted in Opinions | Tagged Co-trustees, Removal of trustee, Trustee deadlock

Beneficiary Had Right of Occupancy and Not Life Estate

Posted on August 2, 2025 by Daniel EvansAugust 2, 2025

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 →

Posted in Opinions | Tagged Life estate, Right of occupancy, Sale of real estate

Death of Alleged Incapacitated Person Makes Appeal of Guardianship Moot

Posted on July 22, 2025 by Daniel EvansJuly 22, 2025

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 →

Posted in Opinions | Tagged Guardianship, Mootness

Divorce Settlement Enforceable Despite Death of Husband During Proceedings

Posted on July 19, 2025 by Daniel EvansJuly 19, 2025

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 →

Posted in Opinions | Tagged Divorce, Marital settlement agreement, Tenancy by entireties

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