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Home→Categories Opinions - Page 48 << 1 2 … 46 47 48 49 50 … 78 79 >>

Category Archives: Opinions

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Stipulated Confidentiality Order Denied

Pettition for approval of stipulated order regarding confidential information to be exchanged by the parties was denied without prejudice when the court was not asked to determine whether documents were confidential and there was no compelling reason to approve the … Continue reading →

Posted in Opinions | Tagged Documents filed under seal

Accounting from Date of Death, and for Non-Estate Assets

Executor’s account should state assets as of date of death, and include receipts and disbursements beginning with date of death, and not from date of executor’s appointment.  Executor also has duty to investigate the amounts and distributions of assets passing … Continue reading →

Posted in Opinions | Tagged Account

Revocation of Consent to Adoption was not Timely

Father’s attempt to revoke his consent to the adoption of his child, made orally at a hearing more than 30 days after the execution of the consent, was not timely under 23 Pa.C.S. § 2711(c) and was ineffective.  In re: R.L., … Continue reading →

Posted in Opinions | Tagged Adoption

Judgment for “Necessaries” Denied

Judgment will not be entered against surviving spouse for “necessaries” when the creditor did not bring suit against the contracting spouse, did not attempt to obtain letters of administration for the estate of the deceased contracting spouse and did file … Continue reading →

Posted in Opinions | Tagged Necessaries

No Action against Lawyer and Charity

Action against lawyer to decedent and charitable beneficiary of estate was dismissed because lawyer did not have conflict of interest merely because the lawyer’s partner has represented the charity in other matters and charity was not unjustly enriched.  Estate of Kasych … Continue reading →

Posted in Opinions | Tagged Conflict of interest, Unjust enrichment

Surcharge Imposed for Unjustified Payments

Administrator C.T.A. surcharged for disbursements from estate funds for expenses that appear to be for her own personal use, and for amounts paid to the estate of the decedent’s brother and his widow, but not for amounts paid for repairs … Continue reading →

Posted in Opinions | Tagged Executor commissions, surcharge

Option to Purchase Based on Appraisal is Enforceable

Lease agreement with option to purchase, that did not specify a purchase price but instead stated that the purchase price would be based on an appraisal to be obtained, did not violate the statute of frauds and the lessee-purchaser was … Continue reading →

Posted in Opinions | Tagged Option to purchase, Statute of Frauds

Federal Law Does Not Bar Access to Decedent’s On-Line Accounts (Mass.)

The Supreme Judicial Court of Massachusetts has held that the federal Stored Communications Act (18 U.S.C. §§ 2701 et. seq.) does not prohibit Internet service providers from providing access to the digital assets of a decedent to the personal representatives … Continue reading →

Posted in News, Opinions | Tagged Digital assets

Ninety-One Year Old not Adjudicated Incapacitated

A son’s petition to have his 91 year old mother declared incapacitated was denied when the son had a power of attorney for his mother and controlled her finances, so that it was unlikely that his mother would become the … Continue reading →

Posted in Opinions | Tagged Incapacitated Person

Claim of Half-Brother to Unclaimed Property Denied

A claim to unclaimed property held by the Pennsylvania Treasury was properly denied when the property was a joint account in the names of the claimant’s mother and half-sister, the mother predeceased the half-sister so that the account became the … Continue reading →

Posted in Opinions | Tagged Intestacy, Joint Tenancy, Unclaimed property

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