Decedent’s will gave her residuary estate to her two sons in equal shares, but then gave one of the sons six months within which to exercise a “right of first refusal” to take the decedent’s farm as his share of … Continue reading
Category Archives: Opinions
It was not an abuse of discretion for the Orphans’ Court to refuse to expunge the petitioner’s record of involuntary commitment, and restore his right to possess firearms, despite testimony in support of the petition from the petitioner’s family and … Continue reading
Complaint for damages allegedly caused by the negligence of the decedent that was served on the decedent’s spouse and named the decedent’s spouse as personal representative of the decedent’s estate was void when the spouse was never appointed to be … Continue reading
Appellant’s claims against the estate for the decedent’s sales of his cars while he was incarcerated were barred by res judicata because he had unsuccessfully brought the same claims twice in federal court and were also barred by the two … Continue reading
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
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
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
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
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
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