The Orphans’ Court awarded legal fees to an executor against a beneficiary who had impeded the executor in his attempts to recover property of the decedent in the possession of the beneficiary, but the court allowed only about ten percent … Continue reading
Category Archives: Opinions
A photocopy of an alleged contract between a husband and wife not to change their wills was properly ruled to be inadmissable as evidence under the “best evidence rule” of Pa.R.E. 1002 because there was a “genuine issue” as to … Continue reading
An action for divorce did not automatically abate upon the death of one spouse because grounds for divorce had been established. The trial court properly allowed a petition for abatement under 20 Pa.C.S. § 3375 because it was not a … Continue reading
The Orphans’ Court properly concluded that there were no less restrictive alternatives for an alleged incapacitated person, and that a plenary guardian of his person and estate were necessary, when the alleged incapacitated person was shown to be suffering from … Continue reading
The nephews of the incapacitated person had no standing to challenge the counsel fees and commissions claimed by the guardian of the estate when their father (the incapacitated person’s brother) was still living and their only interest in the incapacitated … Continue reading
The claims by the beneficiaries of a trust against the trustee and others for fraud and conversion concerned the administration of the trust, and so were all within the exclusive jurisdiction of the Orphans’ Court, which has all of the … Continue reading
When the court order settling a wrongful death action directs the payment of the proceeds to settlement “to the Administratrix on behalf of the Estate,” the funds were part of the estate and were to be distributed in accordance with … Continue reading
An appeal of an order directing emergency distributions from a trust to preserve licenses for seats for the Los Angeles Lakers did not become moot after the trustee made the distributions because the trustee had raised a jurisdictional issue that … Continue reading
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
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