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
Category Archives: Opinions
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
Although the Adoption Act contains no provisions allowing an adult adoption to be annulled, the Orphans’ Court nevertheless has the power to annul an adult adoption with the consent of both parties in order to allow the parties to enter … Continue reading
An attempted election against a will, made more than six months after probate, is properly dismissed on summary judgment because the claimant must have known whether she and the decedent agreed to be married and so the six month limitation … Continue reading
Mother used Uniform Transfers to Minors custodial funds to purchase a home in her own name. Although children lived in home for at least part of the time, mother was ordered to pay over to the children the entire proceeds … Continue reading
A perpetual charitable trust will not be modified to allow distributions of principal to one of the income beneficiaries when the trust document does not allow distributions of principal, notwithstanding the economic hardship and possible insolvency of the charitable beneficiary. … Continue reading