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Home→Categories Opinions - Page 10 << 1 2 … 8 9 10 11 12 … 77 78 >>

Category Archives: Opinions

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Appeals Quashed and Sanctions Imposed

Posted on March 31, 2024 by Daniel EvansMarch 31, 2024

Appeals were quashed of two orders which (1) overruled preliminary objections to two petitions seeking to void two amendments to a revocable trust, (2) denied motions for judgment on the pleadings, (3) denied a motion for production of electronic information, … Continue reading →

Posted in Opinions | Tagged Appealability, Frivolous appeals

Transferee of Property Had Standing to Challenge Will

Posted on March 31, 2024 by Daniel EvansOctober 27, 2024

The decedent’s granddaughter, who was not a beneficiary under the contested will and was not an intestate heir because her mother (the decedent’s daughter) was still living, had standing to challenge the will offered for probate by her mother because … Continue reading →

Posted in Opinions | Tagged Forgery, Rules of Appellate Procedure, Standing, Will forgery

Petition to Probate Later Will Not Moot

Posted on March 31, 2024 by Daniel EvansMarch 31, 2024

A petition to probate a later will, which gave the petitioner an interest in the decedent’s home, was not moot even though the decedent had conveyed the home to another of her children nine months before her death, because the … Continue reading →

Posted in Opinions | Tagged gifts, Mootness, Probate

Dismissal of Answer and New Matter for Lack of Standing Is Not Appealable

Posted on March 26, 2024 by Daniel EvansMarch 26, 2024

In an action relating to the account of a trustee of an irrrevocable trust and the approval of a settlement agreement, the order of the Orphans’ Court sustaining preliminary objections to an answer and new matter filed by the settlor … Continue reading →

Posted in Opinions | Tagged Appealability, Standing

Earlier Will Also Disinherited Contestant

Posted on March 25, 2024 by Daniel EvansMarch 25, 2024

The Register of Wills had jurisdiction to probate the will of a decedent who was not a resident of Pennsylvania because the decedent owned real estate in the Register’s county, but a contestant to a will lacks standing when an … Continue reading →

Posted in Opinions | Tagged Jurisdiction, Register of Wills, Standing

Removal Denied for Executor of Estate of Hoarder

Posted on March 25, 2024 by Daniel EvansMarch 25, 2024

The beneficiaries failed to prove that the executor stole from the estate, wasted or mismanaged the estate, or did anything else that would justify removal. The evidence showed that the decedent was a “hoarder” and his house was full of … Continue reading →

Posted in Opinions | Tagged Joint accounts, Removal of fiduciary

Spouse Denied Letters of Administration

Posted on March 25, 2024 by Daniel EvansMarch 25, 2024

The decedent’s surviving spouse was denied letters of administration, which were granted instead to one of the decedent’s children, when the primary asset of the estate is a residence which the spouse is occupying without payment of rent, there is … Continue reading →

Posted in Opinions | Tagged Letters of administration, PEF 3155

Legal Fees Not Allowed to Defend Legal Fees, and Other Fees Reduced to 15% of Trusts

Posted on March 25, 2024 by Daniel EvansMarch 25, 2024

Objections filed by the individual beneficiary of two charitable remainder unitrusts to the administration and investments of the trusts, and the legal fees paid by the trusts, were overruled after a hearing on the objections, and so the trustee is … Continue reading →

Posted in Opinions | Tagged Attorney fees

Dismissal of Answer and New Matter Is Not Appealable

Posted on March 23, 2024 by Daniel EvansMarch 26, 2024

In an action relating to the appointment of a trustee and change of situs of an irrevocable trust, the order of the Orphans’ Court sustaining preliminary objections to an answer and new matter filed by the settlor of the trust, … Continue reading →

Posted in Opinions | Tagged Appealability, Standing

Appointment of Co-Guardian Affirmed in Absence of Objections

Posted on March 23, 2024 by Daniel EvansMarch 23, 2024

The appointment of a co-guardian for an incapacitated person was affirmed on appeal despite potential conflicts of interest of the co-guardian when the counsel for the appellants failed to appear at the hearing before the Orphans’ Court and failed to … Continue reading →

Posted in Opinions | Tagged Conflict of interest, Consent, Guardianship, Waiver

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