Trustee not surcharged for sale of property below assessed value because after two years of attempting to sell the property, which was in deteriorating condition, the acceptance of the highest bid at a public auction was reasonable. The trustee was … Continue reading
Category Archives: Opinions
Adoption of child by foster parents was found to be in the best interests of the child, and adoption petitions by paternal grandmother and paternal great aunt were denied, even though the child’s brother lived with the grandmother, the court … Continue reading
Probate of copy of will upheld, even though will was in the possession of the testator and presumed to have been destroyed with the intention of revoking it, based on the credible testimony of two disinterested witnesses that interested parties … Continue reading
Parental rights of father will be terminated when father has failed to perform parental duties for at least six months, had no contact with the child or the child’s mother for five years, the step-father wishes to adopt the child, and … Continue reading
Decedent who committed suicide had capacity to execute handwritten codicil in favor of neighbors despite evidence of depression and hoarding, and there was no evidence of a confidential relationship with the neighbors to support a claim of undue influence. Hunter … Continue reading
Executor commissions and attorney fees paid to deceased lawyer who did not complete administration of estate were reduced by fees paid to accountant, and further reduced from $121,000 (more than 5% of $1.16 million estate) to $44,000 to apply different … Continue reading
Termination of parental rights was appropriate when there was clear and convincing evidence that father had failed to acquire proper housing and income and had failed to successfully address his substance abuse issues, and when termination would serve the best … Continue reading
In-house legal opinions relating to the exercise of trustee discretion were not protected by attorney-client privilege and are subject to discovery by beneficiaries seeking to remove the trustee. Warriner Trusts, 6 Fid.Rep.3rd 223 (O.C. Susquehanna Co. 5/4/2016). … Continue reading
Upon preliminary objections to a complaint filed in the Civil Division alleging abuse of a power of attorney, the action was transferred to the Orphans’ Court, which has exclusive jurisdiction under 20 Pa.C.S. § 711(22). Preliminary objection alleging that the … Continue reading
Pennsylvania courts have jurisdiction to dissolve a Vermont civil union because it is the “functional equivalent” of marriage. Neyman v. Buckley, 2016 PA Super 307 (12/28/2016). (The Montgomery Co. Court of Common Pleas had reached the opposite conclusion in Corrado v. … Continue reading