Not allowing a litigious beneficiary any oral argument after the late filing of an unconvincing brief is not grounds for recusal. Robert M. Mumma Estate, 10 Fid.Rep.3d 18 (Cumberland O.C. 2019), app. quashed, 1326 MDA 2019 (5/11/2020) (non-precedential). … Continue reading
Category Archives: Opinions
Evidence that the decedent ended contacts with friends, stopped speaking to his son, moved to the Poconos, and remarried is not sufficient proof of undue influence by his second wife, lack of testamentary capacity, or fraud in the inducement, and … Continue reading
A trust with a remainder payable to a named charity will not violate the rule against perpetuities even though the current beneficiaries were not lives in being when the trust was created, and so the early termination of the trust … Continue reading
Although a nonprofit corporation formed as a volunteer fire company had been decertified and could no longer fight fires in accordance with its original charitable purposes, the Attorney General could not enforce the application of cy pres in the absence … Continue reading
A change of beneficiary for death benefits under the State Employees’ Retirement System (SERS) was not effective until received, and so ineffective when the employee died after mailing the change of beneficiary and before it was received by SERS. Estate … Continue reading
Father forfeited his intestate share of child’s estate by failing to provide any financial support and deserting the child by failing to visit the child or perform any parental duties in the six years before the child’s death. Thaddeus Lee … Continue reading
In action against agent, former beneficiary of retirement account had standing to object to change of beneficiary designation by agent. Because the action was against the agent individually, and not the decedent’s estate, the Dead Man’s Rule will not apply. … Continue reading
The court approved the agreement of sale of real estate that was signed by only one of the co-trustees and opposed by the other co-trustee, finding that the sale was in the best interests of the trust. Frances Nowicki Estate, … Continue reading
In finding that the testator was “quite lucid” at the time the will was signed and was not suffering from weakened intellect, the Orphans’ Court applied the wrong standard because undue influence is generally a gradual process and the fruits … Continue reading
Orphans’ Court decree that authorized the sale of real estate was immediately appealable under Pa.R.A.P. 342(a)(6) and so the failure to appeal was a waiver of any right to a later appeal. Krasinski Estate, 40 WAP 2018 and 41 WAP … Continue reading