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Home→Categories Opinions - Page 47 << 1 2 … 45 46 47 48 49 … 79 80 >>

Category Archives: Opinions

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Valid Marriage Officiated by Person Ordained on Internet

The decedent and his fiance obtained a marriage license, and their marriage was valid even though the marriage ceremony was conducted by a friend who was ordained over the Internet by “First Nation Church and Ministry” and the marriage certificate … Continue reading →

Posted in Opinions | Tagged Marriage

Wrongful Death Proceeds not Part of Estate

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 →

Posted in Opinions | Tagged Wrongful Death

Counsel Fees Imposed on Obdurate Party

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 →

Posted in Opinions | Tagged 42 Pa.C.S. 2503, Counsel fees and costs

Fees Incurred by Insolvent Estate to Defend Decedent against Surcharge

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 →

Posted in Opinions | Tagged PEF 3392, surcharge

Agent Had no Duty to Elect Against Will

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 →

Posted in Opinions | Tagged Agent's duties, Estate recovery program, Medical assistance, Spousal Election

Joint Account with Wife not Product of Undue Influence

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 →

Posted in Opinions | Tagged Testamentary Capacity, Undue influence

Petition for Disinterment Properly Disallowed

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 →

Posted in Opinions | Tagged Disinterment of remains

Spouse by Foreign Marriage Entitled to Elective Share

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 →

Posted in Opinions | Tagged Marriage, Spousal Election

Parent Forfeited Intestate Share of Wrongful Death Proceeds

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 →

Posted in Opinions | Tagged Forfeiture of parental share

Extraordinary Compensation for Guardian

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 →

Posted in Opinions | Tagged Attorney fees, Guardian compensation

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