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Home→Categories Opinions - Page 35 << 1 2 … 33 34 35 36 37 … 81 82 >>

Category Archives: Opinions

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Adult Decedent Was Not a “Dependent Child”

Posted on July 24, 2020 by Daniel EvansOctober 13, 2024

The decedent became disabled as an adult, and the decedent’s father owed him no legal duty of support, so the decedent was not a “dependent child” for the purpose of the forfeiture statute, 20 Pa.C.S. § 2106(b).  In Re: The … Continue reading →

Posted in Opinions | Tagged Forfeiture of parental share

Cy Pres Not Applied to Merger of Fire Fighting Organizations

The merger of two non-profit corporations holding charitable funds, one of which had been decertified as a fire fighting organization by its municipality, did not require the application of the cy pres doctrine when the decertified organization had broad charitable … Continue reading →

Posted in Opinions | Tagged Charitable organizations, Cy pres

Changes to Charitable Foundation Did Not Breach Duties

Amendments to the articles and by-laws of a foundation that changed the charitable goals of the foundation, and eliminated provisions that guaranteed that control of the foundation remained in the oldest descendant of the founder, adopted by the directors of … Continue reading →

Posted in Opinions | Tagged Charitable organizations

Trust Modification Invalid Even with Settlor’s Consent

Following Trust under Agreement of Edward Winslow Taylor, 640 Pa. 629, 164 A.3d 1147 (2017), a trust cannot be modified to allow the beneficiaries to remove and replace trustees even with the consent of the settlor under 20 Pa.C.S. § … Continue reading →

Posted in Opinions | Tagged Trust Modification

Intervention by Creditor

In a proceeding by the executor to recover assets allegedly taken from the estate, beneficiaries claiming interests in the contested assets have standing to object to intervention by a creditor, and the creditor will not allowed to intervene when the … Continue reading →

Posted in Opinions | Tagged Dead man's rule, Hearsay, Intervention, Standing

Proof of Testator’s Signature

Testimony of bank employee that the signature of the witness to the will was her own, and that she would not have signed as witness if she had not seen the testator sign the will and had identified the testator, … Continue reading →

Posted in Opinions | Tagged Appeal from probate, Forgery, Probate

Use of Burial Sites

When the will of the decedent did not specifically dispose of mausoleum crypts and burial plots owned by the decedent, the issue of the decedent inherited those burial sites as tenants in common under 20 Pa.C.S. § 2514(14), and have … Continue reading →

Posted in Opinions | Tagged Cemeteries, PEF 2514(14)

Date of Distribution Valuation

Real property distributed to one of two beneficiaries before the final division of the estate should be valued at date of distribution, and not date of death, and the net proceeds from the sale of the property by the beneficiary … Continue reading →

Posted in Opinions | Tagged Distribution in kind

Claims for Home Healthcare Denied

Decedent lived with neighbors due to health issues, and they cared for him, but claims for the value of the neighbors’ services were denied as requiring speculation as to the intent of the decedent, the time spent by the neighbors, … Continue reading →

Posted in Opinions | Tagged Dead man's rule, Unjust enrichment

Appeal from Probate Dismissed as Untimely

Appeal from probate filed more than one year after the grant of letters will be dismissed when the petitioner received a notice of estate administration and does not allege fraud upon the court or any other exception to the one … Continue reading →

Posted in Opinions | Tagged Appeal from probate

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