↓

Evans Estate Law Resources

Home Menu ↓
Skip to primary content
Skip to secondary content
  • Home
  • Resource Types
    • News
    • Articles
    • Opinions
    • Rules and Regs.
    • Directories
    • Statutes
    • Rates
    • Tips
    • Overview
    • Forms
  • Rate Tables
    • Applicable Federal Rates
    • Section 7520 Rates
    • Blended Annual Rates
    • Federal Under/Overpayments Rates
    • PA Underpayment Rates
    • PA Common Level Ratios
    • Federal Estate and Gift Tax Rates and Exclusions
    • Pa. Realty Transfer Tax on Life Estates and Remainders
  • Directories
    • Registers of Wills
    • Clerks of Orphans’ Courts
    • PA Legislation Pending
    • Attorney General Offices and Notices
    • Software and Services for an Estates Practice
    • Eligible Institutions for Fiduciary Funds
  • About Us
    • Daniel B. Evans
  • Login/Membership
    • Log In
    • Membership Billing
    • Membership Cancel
    • Membership Checkout
    • Membership Confirmation
    • Membership Invoice
    • Membership Levels
Home→Categories Opinions - Page 4 << 1 2 3 4 5 6 … 78 79 >>

Category Archives: Opinions

Post navigation

← Older posts
Newer posts →

Error to Enter Order without Opportunity to Respond

Posted on March 3, 2025 by Daniel EvansMarch 3, 2025

It was error for the Orphans’ Court to enter an order declaring an agreement between the decedent’s widow and the administrator of the estate to be null and void when the motion regarding the agreement had been filed only two … Continue reading →

Posted in Opinions | Tagged Pa.O.C. Rules

PLCB not Indispensable Party to Estate Proceedings

Posted on March 3, 2025 by Daniel EvansMarch 3, 2025

A petition to the Orphans’ Court for approval to sell a liquor license held by the decedent did not require notice to the Pennsylvania Liquor Control Board as an indispensable party. In re: Gloria Deckard, Deceased, 3140 EDA 2023 (Pa. … Continue reading →

Posted in Opinions | Tagged Indispensable party, Liquor license

Claim for Lifetime Transfer not Barred by Statute of Limitations or Res Judicata

Posted on March 3, 2025 by Daniel EvansMarch 3, 2025

Husband was alleged to have improperly converted assets held jointly with his wife into his own name before his death. An action by the estate of the deceased wife against the estate of the deceased husband was not barred by … Continue reading →

Posted in Opinions | Tagged Conversion, Res judicata, Statute of limitations

Will Forgery Proved

Posted on January 27, 2025 by Daniel EvansJanuary 27, 2025

In an appeal of a will contest alleging forgery, the appellant waived objections to the propriety of the Orphans’ Court relying on samples of the decedent’s signature that were not formally moved into or admitted into evidence because the court … Continue reading →

Posted in Opinions | Tagged Clear and convincing evidence, Forgery, Motion for reconsideration, Will contest

Meritless Appeal of Denial of Forgery Claim

Posted on January 27, 2025 by Daniel EvansJanuary 27, 2025

The Orphans’ Court found that the witnesses who testified to the decedent’s signature on the disputed will were credible, and that factual finding was binding on the appellate court. The finding by the Orphans’ Court that the appellant had knowingly … Continue reading →

Posted in Opinions | Tagged Disclaimers, Forgery

Attorney-Client Privilege for Surviving Spouse

Posted on January 23, 2025 by Daniel EvansJanuary 23, 2025

The “testamentary exception” to the attorney-client privilege would allow the admission of evidence of communications between the decedent and his lawyer in order to carry out the testamentary intentions of the decedent, but the exception will not be extended to … Continue reading →

Posted in Opinions | Tagged Attorney-client privilege, Contract to will

Indemnification of Agent by Principal’s Estate

Posted on December 29, 2024 by Daniel EvansDecember 29, 2024

It was proper for the Orphans’ Court to dismiss objections to an account of an executor for amounts paid to the executor for legal fees incurred in defending the executor against claims asserted against the executor as agent under the … Continue reading →

Posted in Opinions | Tagged Agent's exculpation, Agent's liability, Attorney fees, Indemnification agreements, Objections to account

Calculation of Contingent Fee in Will Contest

Posted on December 29, 2024 by Daniel EvansDecember 29, 2024

In an action by a lawyer for the collection from an estate of contingent fees owed by the heirs for representation in a will contest, the heirs had standing to appeal from the decisions of the Orphans’ Court but the … Continue reading →

Posted in Opinions | Tagged Contingent fees, Standing

Testamentary Direction to Employ Wife Was Unenforceable

Posted on December 29, 2024 by Daniel EvansDecember 29, 2024

The Orphans’ Court had jurisdiction in a dispute over a provision in a will directing that the testator’s wife “remain on the payroll” of a corporation he controlled, and the dispute did not become moot by reason of the wife’s … Continue reading →

Posted in Opinions | Tagged Jurisdiction, Mootness, Precatory language, Will interpretation

Nonsuit Granted for Lack of Evidence of Undue Influence

Posted on December 25, 2024 by Daniel EvansDecember 25, 2024

It was not an abuse of discretion for the Orphans’ Court to sustain objections to a notice of intention to issue a subpoena when the subpoena would be issued after the deadline for discovery had passed, and it was not … Continue reading →

Posted in Opinions | Tagged Confidential relationship, Discovery, Expert testimony, Undue influence, weakened intellect, Will contest

Post navigation

← Older posts
Newer posts →
Home→Categories Opinions - Page 4 << 1 2 3 4 5 6 … 78 79 >>

Contact Us:

Evans Law Office
101 Old York Road, Suite 303
Jenkintown, PA 19046
Telephone: (866) 348-4250
Email: resources@evans-legal.com
Site Work and Design Provided by M&K Early Design Group
© 2025 - Evans Estate Law Resources
↑