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Home→Categories Opinions 1 2 3 … 80 81 >>

Category Archives: Opinions

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Will Forgery Proven by Handwriting Expert Despite Testimony of Subscribing Witness

Posted on September 14, 2025 by Daniel EvansSeptember 14, 2025

It was not an error of law or abuse of discretion for the Orphans’ Court to find that there was clear and convincing evidence that the probated will was a forgery based on the testimony of a handwriting expert and … Continue reading →

Posted in Opinions | Tagged Will forgery

No Error in Removing Administrator Who Failed to Timely Distribute Estate

Posted on September 14, 2025 by Daniel EvansSeptember 14, 2025

It was not an error of law or abuse of discretion for the Orphans’ Court to remove an administrator when the administration of the estate was substantially completed when the administrator was granted letters due to the death of the … Continue reading →

Posted in Opinions | Tagged Removal of fiduciary

Claim of “Fraud on the Register” Did Not Allow Challenge to Will More Than One Year after Probate

Posted on September 14, 2025 by Daniel EvansSeptember 14, 2025

Preliminary objections to a petition to revoke the probate of a will were properly sustained when the petition was filed more than one year after probate and the documents in the record that were exhibits to other petitions filed by … Continue reading →

Posted in Opinions | Tagged Fraud, Jurisdiction, PEF 908

Oral Contract for Reciprocal Retirement Beneficiary Designations

Posted on September 14, 2025 by Daniel EvansSeptember 14, 2025

The validity and effect of naming beneficiaries of retirement and other investment accounts is governed by 20 Pa.C.S. Ch. 64, and is not testamentary, so an agreement to name a person as the beneficiary of those accounts was not governed … Continue reading →

Posted in Opinions | Tagged Individual retirement account, Oral contract, Retirement plan

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

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