The appeal from the court’s order approving the sale of the decedent’s residence should be quashed because the appellant’s “concise statement of errors” does not specify which order is being appealed, and the “rambling” statement failed to set forth any … Continue reading
Category Archives: Opinions
An order allowing the executor to enter the decedent’s residence is proper when the decedent’s residence was not specifically devised by her will and two of the three of the residuary beneficiaries occupy the residence, the court was not divested … Continue reading
When a trustee engages in an act of self-dealing by using trust assets as collateral for loans taken out for the benefit of the trustee and his family, the court may impose a surcharge based on the benefit to the … Continue reading
An Orphans’ Court in Pennsylvania did not have jurisdiction to consider claims arising from the estate and trusts of a Florida resident when the estate and trusts were the subject of a settlement agreement in Florida that was binding upon … Continue reading
The failure of the executor to find bonds that were in joint names with one of the beneficiaries of the estate did not result in any loss to the beneficiary because the bonds had not matured and continued to accrue … Continue reading
The Orphans’ Court of Philadelphia County had jurisdiction to determine the proper distribution of the proceeds of a wrongful death action brought in Delaware County when the Court of Common Pleas of that county had ordered that the proceeds be … Continue reading
The alleged incapacitated person was adjudicated incapacitated in 2024, but was found to have had testamentary capacity in 2018 when she revoked her revocable trust, based mainly on the testimony of her counsel who met with her and prepared the … Continue reading
Reversing the Superior Court, the Pennsylvania Supreme Court has held that the spouse of a deceased business partner could not enforce a partnership agreement as a partner when the spouse was neither a party to the agreement nor a third-party … Continue reading
Checks written at the request of the decedent three days before his death and delivered by the decedent were inter vivos gifts and not testamentary, but were incomplete and invalid because the account upon which the checks were drawn had … Continue reading
A petition for the appointment of a guardian for an alleged incapacitated person (AIP) was dismissed without prejudice under the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, 20 Pa.C.S. 5901 et. seq., even though the AIP had recently voted … Continue reading