Court approved sale of real estate under contract with conventional mortgage contingencies despite higher offer of beneficiary because the beneficiary’s offer included more contingencies and might not be completed before a scheduled tax sale of the property. Estate of Ruth … Continue reading
Category Archives: Opinions
Delays and what the court characterized as “poor judgment” by the trustee in responding to requests for information by the adoptive parents of the minor beneficiary of the trust were not a “serious breach of a fiduciary duty” warranting removal, … Continue reading
The children of the decedent, as intestate heirs, might not have standing to challenge the probate of a will when there is an earlier will that has not been challenged and which provides no benefit to the children. William E. … Continue reading
A setoff will be allowed to the Pennsylvania Bureau of Medical Care Availability and Reduction of Error Fund (“MCARE”) allowing it to reduce the amount of damages it owes to the estate by its share of punitive damages payable to … Continue reading
Petitioner failed to show sufficient cause for the court to order the alleged incapacitated person to submit to an independent medical examination, or to produce drug and alcohol treatment records, when the alleged incapacitated person admitted to a history of … Continue reading
Action for personal injuries brought by an estate is untimely, and the statute of limitations will not be extended by a period within which the decedent might not have known that her automobile accident injuries were serious enough to qualify … Continue reading
The Supreme Court has allowed an appeal from the decision of the Superior Court in Passarelli Family Trust, 2019 PA Super 95 (3/28/2019) (en banc), rev’g 7 Fid.Rep.3d 63 (O.C. Chester Co. 2016). The issues listed in the court’s order are: (1) … Continue reading
Under the amended version of 20 Pa.C.S. § 2106(b), a parent may be found to have forfeited an intestate share of the estate of a child for failure to support the child even if the failure of support is not … Continue reading
The Orphans’ Court improperly excluded documentary evidence of the birth records of claimants to the estate, and could not exclude the testimony of a genealogical witness to be paid on a contingent fee for a violation of the Rules of … Continue reading
When a trust owns an annuity contract making annual payments, the estate of a beneficiary who dies after the annual payment date but before the distribution of the payment is entitled to the deceased beneficiary’s share of the annuity payment, … Continue reading