The decedent’s note was silent on how interest was to be calculated, and the court would not consider extrinsic evidence in the form of amortization schedules, so the interest on the unpaid principal was to be calculated as simple interest … Continue reading
Category Archives: Opinions
The document offered as a codicil to the decedent’s will was allegedly signed by the decedent in the hospital two days before her death and was denied probate by the Register of Wills. Based on the contents of the document … Continue reading
The petition filed by a daughter challenging the gifts made to the other daughter four years before the mother was adjudicated incapacitated was denied because: (a) The lawyer who had represented and advised the incapacitated person (IP) in 2011 and … Continue reading
The decision of a Mental Health Hearing Officer for an involuntary commitment for treatment for 20 days was affirmed based on information in medical records that was read into evidence and which fell within the regular records exception to the … Continue reading
The compensation of the trustees of a revocable trust following the death of the settlor was found to be reasonable, objection to valuation of rare musical instruments was overruled because the actual values could only be determined by sales of … Continue reading
Applying Florida law, the court denied motions: (a) to order distribution of the entire trust even though the beneficiary had reached the age of 35 and had exercised his right to withdraw the balance of the trust, and instead allowed … Continue reading
The successor trustee of a New York trust created by New York residents was entitled to a writ of possession for real estate transferred to the trust by the settlors during their lifetimes when the daughter of the settlors who … Continue reading
A petition to establish that the names on various birth certificates were alternate names of ancestors of the petitioner, which the petitioner alleged was needed for an application for dual Italian and American citizenship, was denied for lack of subject … Continue reading
It was not an abuse of discretion for the Orphans’ Court to deny the attorney fees requested by a law firm representing alleged incapacitated persons (“AIPs”) when the firm’s engagement letter was voidable because it was signed by the AIPs … Continue reading
The niece of the decedent did not have standing to contest the will of the decedent because she was not named as a beneficiary in the two previous wills of the decedent and was named only as a co-executor in … Continue reading