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Home→Categories Opinions - Page 1 1 2 3 … 84 85 >>

Category Archives: Opinions

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Later Wills Found to Be Invalid or Inadmissible

Posted on July 12, 2026 by Daniel EvansJuly 12, 2026

The testimony of two doctors supported the conclusion of the Orphans’ Court that the decedent lacked testamentary capacity when she signed a will in 2012, and it was within the discretion of the court to place more weight on that … Continue reading →

Posted in Opinions | Tagged Appeal from probate, Fraud on the court, Testamentary Capacity

Ejectment Granted

Posted on July 12, 2026 by Daniel EvansJuly 12, 2026

In an action for ejectment, a quitclaim deed from the administrator of an estate to himself and his daughter was prima facie evidence of their title to the property, and so shifted the burden to the defendant to show superior … Continue reading →

Posted in Opinions | Tagged Ejectment

Dismissal of Petition Remanded for Clarification

Posted on July 12, 2026 by Daniel EvansJuly 12, 2026

At the hearing on preliminary objections, and in a letter to the Superior Court in lieu of a Pa. R.A.P. 1925 opinion, the Orphans’ Court stated that it was dismissing the appellant’s petition for failure to appear at the hearing … Continue reading →

Posted in Opinions | Tagged Preliminary objections

Guardian’s Medicaid Spend-Down Plan Denied (Pa. Super.)

Posted on July 5, 2026 by Daniel EvansJuly 5, 2026

The Orphan’s Court denied the guardian’s petition to allow the incapacitated person to continue to qualify for Medicaid through a combination of an annuity and gifts, and the Superior Court affirmed. The guardian did not aver or produce evidence that … Continue reading →

Posted in Opinions | Tagged Fiduciary duty, Medicaid planning, Medical assistance

Jurisdiction over Guardianship (Pa. Super.)

Posted on July 5, 2026 by Daniel EvansJuly 5, 2026

An appeal of a denial of legal fees is not an interlocutory appeal but an appeal allowable under Pa.R.A.P. 342(a)(5) because it is a determination of whether the petitioner is a creditor of the incapacitated person’s estate. However, a determination … Continue reading →

Posted in Opinions | Tagged Jurisdiction, Uniform Adult Guardian and Protective Proceedings Jurisdictional Act

Objections to Account Were Waived (Pa. Super.)

Posted on June 14, 2026 by Daniel EvansJune 14, 2026

Objections to an account were waived when they were not included in written objections filed in accordance with Pa. R.O.C.P. 2.7 and no request was made to amend the objections that were filed. The objections that were filed and were … Continue reading →

Posted in Opinions | Tagged Burden of proof, Disqualification of attorney, Objections to account

Guardian’s Medicaid Spend-Down Plan Not Approved

Posted on May 31, 2026 by Daniel EvansMay 31, 2026

The refusal of the Orphans’ Court to approve a “spend-down plan” to allow the incapacitated person to qualify for Medicaid by spending principal on a burial fund and making gifts was not an abuse of discretion or an error of … Continue reading →

Posted in Opinions | Tagged Medicaid planning, Medical assistance

Objections Not Raised at Audit Were Waived

Posted on May 27, 2026 by Daniel EvansMay 31, 2026

The notice of audit of the executor’s account that was sent to the decedent’s grandchildren and other beneficiaries stated that objections must be filed 20 days before the audit date, but the grandchildren received a copy of the decree setting … Continue reading →

Posted in Opinions | Tagged Notice of Audit, Objections to account, Untimely objections

Contempt Was Not Denial of Due Process

Posted on May 17, 2026 by Daniel EvansMay 17, 2026

The imposition of contempt sanctions by the Orphans’ Court for filing additional frivolous pleadings after being ordered not to was not a denial of due process even though no formal hearing was held because the litigant had notice of the … Continue reading →

Posted in Opinions | Tagged Contempt, Due Process, Motion for reconsideration

Credibility of Expert Witnesses

Posted on May 15, 2026 by Daniel EvansMay 17, 2026

The Superior Court would not reweigh or redetermine the credibility of the witnesses in the guardianship proceeding, and so affirmed that the expert medical testimony provided clear and convincing evidence that the appellant had untreated schizophrenia and was unable to … Continue reading →

Posted in Opinions | Tagged Guardian of person, Guardianship, Incapacity

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