In the absence of independent testimony to the delivery of lifetime gifts, the wife’s interests in the alleged gifts was adverse to the decedent and so her testimony as to the gifts was barred by the Dead Man’s Act. In … Continue reading
Category Archives: Opinions
In an action to set aside a deed allegedly obtained by undue influence, plaintiff’s testimony that she and the defendant were friends and she trusted him, and that she was “weak in bode and mind” following the death of her … Continue reading
The court did not have jurisdiction to determine the priority of a purchase money mortgage over a later inheritance tax lien when the mortgage holder failed to exhaust the administrative remedies found in § 2186 of the Inheritance and Estate … Continue reading
One of two co-administrators of an estate has the power to compel an accounting by an agent for the decedent without the consent of the other co-administrator. An action in the Orphans’ Court to recover assets transferred by an agent … Continue reading
The Pa. Supreme Court has held that the voiding of a trust by a settlor alleging fraud in the inducement requires clear and convincing evidence of common law fraud, the elements of which are a knowing or reckless material misrepresentation, … Continue reading
The Supreme Court has allowed an appeal from the Superior Court decision in Trust under Will of Augustus T. Ashton, 203 EAL 2020 (12/2/2020). The order states the issue to be: Did the Superior Court err when it held that … Continue reading
One trustee of a trust lacks standing to sue a lessee for possession of real property titled in name of trust when the other trustee objects to the action and the Orphans’ Court has empowered the other trustee to sell … Continue reading
A 1954 letter from the corporate trustee established an agreement for trustee compensation of 5% of income, and the trustee did not produce evidence of extraordinary services to merit additional compensation or that the resulting fee was unreasonable. However, neither … Continue reading
A lawyer representing the beneficiary of an estate is entitled to a “charging lien” against the beneficiary’s share of the estate for work performed before being discharged by the beneficiary, based on an oral agreement that the lawyer’s billings could … Continue reading
Because 20 Pa.C.S. § 6111.2(b)(4) does not require that a post-divorce “designation of a former spouse as a beneficiary” be in writing, and because the decedent “substantially complied” with the life insurance policy provisions for beneficiary designations by orally advising … Continue reading