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Home→Categories Opinions - Page 18 << 1 2 … 16 17 18 19 20 … 79 80 >>

Category Archives: Opinions

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Agent Acted at Direction of Principal

Posted on October 8, 2023 by Daniel EvansDecember 20, 2023

Although the appellant had failed to file a timely Pa.R.A.P. 1925(b) concise statement of errors complained of on appeal even though appellant’s counsel being personally advised by the Orphans’ Court that an order was being signed allowing an extension of … Continue reading →

Posted in Opinions | Tagged Agent's powers, RAP 1925

Will with Electronic Signature Not Valid (Pa. Super.)

Posted on October 8, 2023 by Daniel EvansOctober 8, 2023

The Superior Court has affirmed that a will with an 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 the testator’s “manual signature.” … Continue reading →

Posted in Opinions, uncategorized | Tagged Electronic signature, Wills

Choice of Law for Administration of Trust

Posted on September 20, 2023 by Daniel EvansMay 17, 2024

The validity of the appointment of a successor trustee by the beneficiaries of the trust for a trust that was created by California settlors and provided for the interpretation of the trust in accordance with California law was to be … Continue reading →

Posted in Opinions | Tagged Choice of law, Situs of trust, Trustee appointment, Trustee removal

Contempt Affirmed over Situs Dispute

Posted on September 15, 2023 by Daniel EvansMay 17, 2024

The imposition of sanctions for contempt is an appealable order, and the Orphans’ Court did not abuse its discretion in holding the beneficiaries of a trust in contempt, and imposing the payment of the trustee’s legal fees as sanctions, when … Continue reading →

Posted in Opinions | Tagged Appealability, Contempt, Jurisdiction

Appeal of Reconsideration Quashed

Posted on September 11, 2023 by Daniel EvansJanuary 21, 2024

An appeal from an order of the Orphans’ Court granting in part and denying in part a motion for reconsideration was quashed even though the issues for which reconsideration was denied were appealable because the motion for reconsideration did not … Continue reading →

Posted in Opinions | Tagged Appealability

Trustee Removed and Trust Modified Due to Unanticipated Circumstances

Posted on September 4, 2023 by Daniel EvansSeptember 4, 2023

The Orphans’ Court properly removed the appellant as a trustee under 20 Pa.C.S. § 7766(b)(3) because he never took any steps to protect or administer the property that was transferred to the trust, and did not pay the mortgage for … Continue reading →

Posted in Opinions | Tagged PDF 7740.2, Removal of trustee, Trust Modification

Rebutting Presumption of Revocation of Lost Will

Posted on September 4, 2023 by Daniel EvansSeptember 4, 2023

The Orphans’ Court had jurisdiction to consider the probate of a lost will after letters of administration had been issued to the decedent’s daughter, and even though the Register of Wills had never acted on a petition to probate the … Continue reading →

Posted in Opinions | Tagged Jurisdiction, Lost wills

Tax Clause Did Not Allow Payment of Inheritance Tax on Non-Estate Transfers

Posted on August 24, 2023 by Daniel EvansAugust 24, 2023

The tax clause in the will directed that the estate and inheritance taxes payable “with respect to property or interests passing my will” were to be paid from the residue without apportionment, and so under 72 P.S. § 9144(f), the … Continue reading →

Posted in Opinions | Tagged 72 P.S. §9144(f), Individual retirement account, Inheritance Tax

Appeal of Partnership Buy-Sell Agreement

Posted on August 24, 2023 by Daniel EvansSeptember 22, 2024

The PA Supreme Court has allowed an appeal on the following issue (as stated by the petitioner): “Where a non-party to a partnership agreement is not a signatory to the agreement and is not a third-party beneficiary of it and … Continue reading →

Posted in Opinions | Tagged Buy-sell agreements, Partnership agreements

Trust Created by Agent under Invalid Power of Attorney is Void

Posted on August 24, 2023 by Daniel EvansAugust 24, 2023

The Supreme Court has reversed the Superior Court and ruled that when a trust is created by an agent acting under a power of attorney that is void ab initio, the trust is also void. In re: Joseph L. Koepfinger, … Continue reading →

Posted in Opinions | Tagged Power of Attorney

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