The execution of a post-nuptial agreement as part of the divorce proceedings was an effective waiver of the right of the surviving spouse to a joint-and-survivor pension annuity, and that waiver can be enforced against the surviving spouse despite failure … Continue reading
Category Archives: Opinions
Pennsylvania’s filial support law (23 Pa.C.S. § 4603) applies to the New Jersey parents of an adult indigent son who was provided care in Pennsylvania. Melmark, Inc. v. Schutt, 78 MAP 2017 (Pa. 4/26/2019), rev’g 169 A.3d 638, 2017 PA … Continue reading
The administrator of an estate, who was not the sole beneficiary of the estate, cannot bring an action for medical malpractice “pro se” and without a lawyer. Deree J. Norman, Administrator v. Temple University Health System, 208 A.3d 1115, 2019 … Continue reading
When trust document specifically excluded son from discretionary distribution decisions for son’s trust, son may be appointed to serve as a trustee but may not be the sole trustee. It was proper for the corporate trustee who had been appointed … Continue reading
An agent abused her powers, and was ordered to return joint accounts to the estate, when she added the principal’s money to accounts that were in the joint names of her and the principal, knowing that the money would become … Continue reading
The Orphans’ Court may order a judicial sale of property under 20 Pa.C.S. 3353 over the objections of the holder of a mortgage lien and the lien will attach to the proceeds of sale. In re: Estate of Anna Marie … Continue reading
Failure to list property addresses in the schedule to an irrevocable trust was not sufficient evidence of fraud in the inducement to void the trust when the corporate owners of the properties were listed and were accurately valued, there being … Continue reading
Conservator appointed in California did not have authority to bind his conservatee to an arbitration agreement in Pennsylvania when the conservator did not follow the procedures to transfer or register the conservatorship under the Uniform Adult Guardianship and Protective Proceedings … Continue reading
The beneficiaries of a revocable trust have no standing to object to investments made by the trustee during the settlor’s lifetime to which the settlor consented and approved because the duties of the trustee were owed exclusively to the settlor. … Continue reading
A pro se appellant’s statement of issues on appeal which was 32 pages long and a “discursive, argumentative, and incoherent rant” violates R.A.P. 1925(b) and should be considered to waive all issues. The appeal should also be dismissed on its … Continue reading