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Home→Categories Opinions - Page 5 << 1 2 3 4 5 6 7 … 79 80 >>

Category Archives: Opinions

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Conflicting Testimony on Exchange of Marital Vows

Posted on March 15, 2025 by Daniel EvansMarch 15, 2025

A marriage certificate is required to show the date of the marriage but not the time, the marriage ceremony does not need to take place in the same county that issued the marriage license as long is it occurs in … Continue reading →

Posted in Opinions | Tagged Marriage

Mistake in Medicaid Law not Grounds for Termination of Trust

Posted on March 14, 2025 by Daniel EvansMarch 14, 2025

The mistaken beliefs by the settlors that transferring their home to an irrevocable trust would preserve their Medicaid eligibility and protect the home against health care claims were mistakes of law and not “circumstances that were apparently not anticipated” within … Continue reading →

Posted in Opinions | Tagged Medicaid, Mistake, Trust termination

Transfer to Trust Revocable by Surviving Spouse Qualified for 0% Inheritance Tax Rate

Posted on March 13, 2025 by Daniel EvansApril 7, 2025

A testamentary gift by a wife to a trust created by the husband and wife, and the transfers for the benefit of the surviving husband within the trust, both qualified for the 0% inheritance tax rate as transfers “for the … Continue reading →

Posted in Opinions

Coin Collection Was Held as Tenants by Entireties, and Cash in Son’s Safe Deposit Box Belonged to Decedent

Posted on March 9, 2025 by Daniel EvansMarch 9, 2025

The Orphans’ Court properly found that a coin collection was purchased with money from a joint account and was owned by the decedent and the surviving spouse as tenants by the entireties, and the property rights of the surviving spouse … Continue reading →

Posted in Opinions | Tagged Forfeiture of spousal share, Safe deposit box

Error to Enter Order without Opportunity to Respond

Posted on March 3, 2025 by Daniel EvansMarch 3, 2025

It was error for the Orphans’ Court to enter an order declaring an agreement between the decedent’s widow and the administrator of the estate to be null and void when the motion regarding the agreement had been filed only two … Continue reading →

Posted in Opinions | Tagged Pa.O.C. Rules

PLCB not Indispensable Party to Estate Proceedings

Posted on March 3, 2025 by Daniel EvansMarch 3, 2025

A petition to the Orphans’ Court for approval to sell a liquor license held by the decedent did not require notice to the Pennsylvania Liquor Control Board as an indispensable party. In re: Gloria Deckard, Deceased, 3140 EDA 2023 (Pa. … Continue reading →

Posted in Opinions | Tagged Indispensable party, Liquor license

Claim for Lifetime Transfer not Barred by Statute of Limitations or Res Judicata

Posted on March 3, 2025 by Daniel EvansMarch 3, 2025

Husband was alleged to have improperly converted assets held jointly with his wife into his own name before his death. An action by the estate of the deceased wife against the estate of the deceased husband was not barred by … Continue reading →

Posted in Opinions | Tagged Conversion, Res judicata, Statute of limitations

Will Forgery Proved

Posted on January 27, 2025 by Daniel EvansJanuary 27, 2025

In an appeal of a will contest alleging forgery, the appellant waived objections to the propriety of the Orphans’ Court relying on samples of the decedent’s signature that were not formally moved into or admitted into evidence because the court … Continue reading →

Posted in Opinions | Tagged Clear and convincing evidence, Forgery, Motion for reconsideration, Will contest

Meritless Appeal of Denial of Forgery Claim

Posted on January 27, 2025 by Daniel EvansJanuary 27, 2025

The Orphans’ Court found that the witnesses who testified to the decedent’s signature on the disputed will were credible, and that factual finding was binding on the appellate court. The finding by the Orphans’ Court that the appellant had knowingly … Continue reading →

Posted in Opinions | Tagged Disclaimers, Forgery

Attorney-Client Privilege for Surviving Spouse

Posted on January 23, 2025 by Daniel EvansJanuary 23, 2025

The “testamentary exception” to the attorney-client privilege would allow the admission of evidence of communications between the decedent and his lawyer in order to carry out the testamentary intentions of the decedent, but the exception will not be extended to … Continue reading →

Posted in Opinions | Tagged Attorney-client privilege, Contract to will

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