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Home→Categories Opinions - Page 2 << 1 2 3 4 … 58 59 >>

Category Archives: Opinions

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Mortgage by One Spouse Valid under “Entireties Presumption”

A mortgage on property owned by husband and wife as tenants by entireties was valid, even though signed by only one spouse, when the signing spouse normally handled the finances for the family and the non-signing spouse benefitted from the … Continue reading →

Posted in Opinions | Tagged Mortgage lien, Tenancy by entireties

Joint Trust Not Subject to Inheritance Tax

A joint trust created by a husband and wife which remained revocable by the surviving spouse (who was also the sole trustee) following the death of one spouse did not qualify as a “sole use trust” but was not a … Continue reading →

Posted in Opinions

Presumption of Parentage for Child Born During Same-Sex Marriage

Child born during a same-sex marriage is presumed to be the child of both parents, even though Pennsylvania did not recognize the validity of same-sex marriages when the child was conceived and born. Bossler v. Ebling, 12 Fid.Rep. 362 (C.P. … Continue reading →

Posted in Opinions | Tagged Presumption of paternity, Same-sex marriage

Legal and Delay Costs Imposed for Failure to Vacate

Claim for compensation for care of parents by one of their sons was denied for lack of “clear, direct, precise and convincing” evidence of an agreement for compensation, but claim for family exemption was allowed even though the decedent had … Continue reading →

Posted in Opinions | Tagged Attorney fees, Claims of Creditors, Family exemption, Untimely objections

Estate Recovery Against Annuity

The decedent had purchased an annuity, and had named “Mildred Williams – Friend,” as the beneficiary, but failed to provide a Social Security number or other identifying information for the beneficiary. The decedent also failed to disclose the annuity to … Continue reading →

Posted in Opinions | Tagged Beneficiary designations, Estate recovery program, Medicaid, Unclaimed property

Injunction Without Hearing Vacated

The Orphans’ Court erred, and abused its discretion, when it entered an injunction against a trustee prohibiting the payment of legal fees and costs without first hearing evidence to determine if a breach of trust had occurred or may occur … Continue reading →

Posted in Opinions | Tagged Breach of Fiduciary Duty, Injunction, Power of appointment

Trustee Fees Did Not Warrant Termination of Charitable Trust

The Superior Court has affirmed a summary judgment in favor of the trustee of a perpetual charitable trust, and against the charitable beneficiary, finding that the trustee fees of approximately 28% of the trust income are not “unreasonably out of … Continue reading →

Posted in Opinions | Tagged Charitable trusts, Termination of charitable trust

Rejected Petition Not Appealable

When a petition for letters is rejected by the Register of Wills and the Orphans’ Court refuses to grant letters, the finding by the court that the petitioner is not entitled to letters is not an appealable order because there … Continue reading →

Posted in Opinions | Tagged Appeal from Register, Appealability

Assets of Dissolving Fire Company Distributed to Other Fire Companies

Upon the dissolution of a nonprofit corporation formed to provide firefighting services, application of cy pres doctrine led to distribution of assets to two other firefighting organizations rather than to nonprofit corporations providing training or support services to fire fighters. … Continue reading →

Posted in Opinions | Tagged Cy pres

Chronic Kidney Disease Was Not End-Stage Medical Condition

Although the incapacitated person was unable to make or communicate medical decisions, and was suffering from stage 5 chronic kidney disease that may ultimately end in death, he did not have an “end-stage medical condition” within the meaning of 20 … Continue reading →

Posted in Opinions | Tagged End-stage medical condition, Guardian of person, Life-sustaining treatment, Living will

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