The testimony of two doctors who diagnosed the decedent as suffering from dementia before and after she executed a “gifting agreement” transferring valuable coins to her son was sufficient to establish weakened intellect, and the testimony of the son showed … Continue reading
Category Archives: Opinions
Claim of undue influence was properly rejected when Orphans’ Court found that the decedent did not suffer from a weakened intellect and the alleged influencer did not have a confidential relationship with the decedent. Summary judgment on lack of testamentary … Continue reading
Checks that were signed by the decedent’s agent and delivered before the death of the decedent but were not paid from the decedent’s account before death were not completed gifts under Pennsylvania law and so the amounts of the checks … Continue reading
Although the decedent’s business advisor received no direct benefit from the decedent’s will (which named him as the executor and testamentary trustee), he received a collateral benefit from being named the trustee of a discretionary charitable trust, and so a … Continue reading
A premarital agreement that waived all rights to the “separate property” of the other spouse also waived all rights to an individual retirement account (IRA) following the death of the IRA owner even though the existence of the IRA might … Continue reading
The Orphans’ Court has nonmandatory jurisdiction over an ejectment action when there are “entangled” counterclaims that are within the mandatory jurisdiction of the Orphans’ Court, but the proper remedy is not the dismissal of the ejectment action brought in the … Continue reading
Testamentary gifts to step-grandchildren that were conditioned upon their grandmother (the decedent’s wife) not electing against his will and not recovering assets “in our divorce after my death” did not disinherit the step-grandchildren when a final decree of divorce (and … Continue reading
The executor of a deceased trustee had standing to object to the account filed by the surviving trustee when other beneficiaries joined in the objections and the objection to standing was waived by not raising it until after two and … Continue reading
Preliminary objections to a petition for the removal of a corporate trustee were sustained, and the petition dismissed, when the corporate trustee refused to make distributions which it “shall deem advisable” for health, maintenance, support, and education without first receiving … Continue reading
Will with electronic signature, affixed by the decedent using DocVerify system during a videoconference with two witnesses and a notary public, is not a valid will, which requires an “actual ink to paper” signature. Kittler Estate, 1 Fid.Rep.4th 53 (Lancaster … Continue reading