In accounting filed for husband’s estate, Orphans’ Court had no jurisdiction over funds previously awarded to wife as compensation for wrongful death and loss of consortium but erroneously paid to husband’s estate, and so ordered the personal representatives to file … Continue reading
Category Archives: Opinions
Counsel fees of $25,000 were properly imposed under 42 Pa.C.S. § 2503(7) and (8) on a party as sanctions for dilatory, obdurate, and vexatious conduct in continuing to pursue matters that were without merit and were previously decided. Mumma Estate, … Continue reading
Executor commissions and legal fees paid by insolvent estate to the son of the decedent will be reduced when the legal fees were in great measure incurred to defend the estate from a claim of surcharge against the decedent who … Continue reading
An agent under of a power of attorney did not have a duty to claim an elective share of the estate of a deceased spouse when the surviving spouse was entitled to a gift in trust equal to the elective … Continue reading
The transfer of more than $6 million to a joint account with the decedent’s wife six years before the decedent’s death was not invalid due to lack of testamentary capacity and was not the product of undue influence, notwithstanding that … Continue reading
The Orphans’ Court did not abuse its discretion in denying a petition to disinter the remains of the petitioner’s mother for the purpose of conducting an autopsy to determine if the death was not natural when the petition was filed … Continue reading
Foreign marriage was found to be valid, and surviving spouse entitled to elect against the decedent’s will, where there documentary evidence of a valid marriage in Nepal and there was no evidence of any insanity or mental disorder rendering either … Continue reading
Father who failed to provide financial support and failed to visit his minor child had forfeited his intestate rights and was not entitled to a share of the wrongful death proceeds. Turner v. Cambridge Beauty Supply, 7 Fid.Rep.3d 256 (Philadelphia O.C. … Continue reading
Guardian compensation of more than $50,000, and legal fees of more than $15,000, approved out of an incapacitated person’s estate of approximately $1,300,000 for extraordinary services over a ten month period, including two medical procedures, maintenance and sale of the … Continue reading
Failure to list property addresses in the schedule to an irrevocable trust was not sufficient evidence of fraud in the inducement to void the trust when the corporate owners of the properties were listed and were accurately valued, so no … Continue reading