Counsel fees of 5% of the first $100,000 of the estate and 3% of balance over $100,000 were approved, but should have been paid from residuary estate and not proceeds of sale of property that had been specifically devised. Executor’s … Continue reading
Category Archives: Opinions
Surcharge against guardian should be upheld on appeal because guardian never requested a continuance of the surcharge hearing and her absence from the hearing was part of a pattern of obdurate and dilatory conduct. Estate of Estelle Segal, No. 2, 9 … Continue reading
Claim by daughter under personal care agreement with mother was denied when personal care agreement was product of undue influence because mother was dependent on daughter for her care and had appointed daughter as her agent under a power of … Continue reading
A holographic will that ended with the initials of the testator was validly signed and was not executed by a “mark” within the meaning of 20 Pa.C.S. § 2502(2). Pedersen, Sr. Estate, 9 Fid.Rep.3d 29 (Monroe O.C. 2018). … Continue reading
When the will unambiguously left the testator’s estate to his four children in equal shares, it was error for the court to interpret the will to treat gifts made by the testator’s agent after the execution of the will as … Continue reading
The denial of a petition for an agent to account is a final order which is appealable as of right. Although the petitioner was an intestate heir of the principal, she did not have standing to demand an accounting by … Continue reading
Trust document was interpreted to give grandchildren all of the trust income following their mother’s death, even though document provided for shares of income to other persons who predeceased the mother and directed that upon the death of an income … Continue reading
The court was not required to accept the option of a psychologist as to incapacity when the psychologist administered a single test and did not examine medical records, the alleged incapacitated person appeared in court and provided lucid and compelling … Continue reading
Large transfers shortly before the death of the decedent into joint accounts with the decedent’s daughter, arranged by the daughter while the decedent was gravely ill, could not have been an intentional act of the decedent, and was the product … Continue reading
Testamentary gift to disbanded volunteer ambulance association was awarded under the cy pres doctrine to a volunteer fire department providing first responder services to the same community. Estate of Kendell B. Cramer, Deceased, 8 Fid.Rep.3d 315 (O.C. Monroe Co. 2018) … Continue reading