A same-sex civil union entered into in Vermont is not a marriage under Vermont law and not a marriage under Pennsylvania law, so Pennsylvania divorce law does not apply. Corrado v. Musto, 6 Fid.Rep.3d 237, 153 Montg. 173, No. 2015-14981 … Continue reading
Category Archives: Opinions
Real property that was sold by the guardian of the estate of the incapacitated decedent to pay expenses of the decedent, but which was specifically devised by the decedent’s will, was not adeemed under 20 Pa.C.S. 2514(16.1) and the devisees … Continue reading
An unliquidated personal injury action is not a “future interest” within the meaning of section 2116(c) of the Inheritance and Estate Tax Act (72 P.S. 9116(c)) and so disclaimers filed more than nine months after death were not effective for … Continue reading
Appeal from probate denied where testamentary capacity was supported by testimony of attorney who prepared will, subscribing witnesses, and other disinterested parties, and no confidential relationship shown to support allegation of undue influence. Lewis Will, 6 Fid.Rep.3d 123 (O.C. Allegheny … Continue reading
Wife continued to be a co-trustee and beneficiary of the husband’s irrevocable trust even after the divorce of the parties where (a) the trust document made no provision for the possibility of divorce, (b) the irrevocable trust was the beneficiary … Continue reading
Nonprofit advocacy organization which was removed as counsel for alleged incapacitated person (“AIP”), but allowed to participate in guardianship proceedings as amicus curae while the AIP was represented by court-appointed counsel, should not have standing to appeal adjudication of incapacity. … Continue reading
When residence owned as joint tenants with right of survivorship was destroyed by fire before the death of one tenant, proceeds of property insurance are divided between the estate of the deceased tenant and the surviving tenant. Miscella Estate, 6 … Continue reading
A nephew has no cause of action for “loss of consortium and the los[s] of support, cooperation, aid, companionship and loving interactive relationship” with aunt and uncle alleging resulting from their mistreatment. Scott T. Young v. Estate of Frank J. … Continue reading
A beneficiary with the right to reside in a residence, but not a life estate, is nevertheless obligated to pay for repairs and maintenance of the property, notwithstanding a premarital agreement which put those obligations on the decedent because the … Continue reading
The separation of the spouses, together with the extramarital affairs of both spouses, was sufficient to establish that the surviving spouse had “willfully and maliciously deserted” the deceased spouse and had forfeited an intestate share in accordance with 20 Pa.C.S. … Continue reading