In a dispute over a number of documents and transactions executed before the decedent’s death, the court found that the respondents had helped care for the decedent and had a close and confidential relationship with the decedent, and that their … Continue reading
Category Archives: Opinions
The Orphans’ Court agreed that it erred by ordering a party to file an account after dismissing preliminary objections and without allowing the party to file an answer to the petition, but concluded that the resulting decree was not an … Continue reading
The COVID-19 emergency declarations of the Delaware County Court of Common Pleas did not preclude the court from removing a co-trustee of a trust, and the removal was proper because the co-trustee had evidenced hostility to the beneficiaries and the … Continue reading
An attorney who represents a beneficiary of an estate to remove an executor and who later represents the same person as successor executor does not have a conflict of interest. An objection claiming that the destruction of a computer caused … Continue reading
Although two of the beneficiaries who might receive remainder distributions upon the termination of the trust in 2022 have disclaimed parts of their interests, and there are possible minor and future unborn remaindermen, the court waived the appointment of a … Continue reading
An award from the 9/11 Victim Compensation Fund was 100% payable to the surviving spouse as part of her intestate share of the estate in accordance with 20 Pa.C.S. § 2102(2) because it was payable under the Air Transportation Safety … Continue reading
The distribution of real property to two of the decedent’s four children, with additional cash distributed to the other two children, was not subject to realty transfer tax under the principle of Baehr Bros. v. Com., 487 Pa. 233 (1979), … Continue reading
For a series of cases in involving a series of car collisions, the cases in which a decedent’s estate is a party will not be consolidated with the other cases because of the possibility that the Dead Mans’ Act could … Continue reading
Objectants to will failed to produce any evidence of lack of testamentary capacity when the will was signed, but produced evidence of a power of attorney establishing a confidential relationship, that the proponent of the will received a substantial benefit … Continue reading
Decedent failed to maintain a life insurance policy required by an antenuptial agreement with his widow, but the amount paid by the estate for the benefit of the widow under a negotiated settlement agreement did not qualify for the 0% … Continue reading