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
Category Archives: Opinions
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
The beneficiaries of certificates of deposits which the decedent had titled “in trust for” their benefit had standing to challenge actions of decedent’s agents who removed the beneficiary designations before the decedent’s death, notwithstanding the general rule that only the … Continue reading
Mother may not obtain a termination of the parental rights of the father through an adoption when the adopting adult is the mother’s father, and not a spouse of the mother, and the mother is not agreeing to terminate her … Continue reading
Attorney for administrator of estate held to be secondarily liable for surcharge against administrator for failing to make distribution to estate of deceased beneficiary; appeal not timely and should be quashed. Estate of Thomas Brawner Sr., 6 Fid.Rep.3d 386, No. … Continue reading
Copy of bank statement was sufficient evidence that bank account was “in trust for” beneficiary, and both ITF and joint accounts were increased by lifetime transfers that were voided by court as beyond the powers of agent acting under durable … Continue reading
Enforcement of arbitration clause was denied when there was a lack of evidence that the son of the decedent had the authority to act for the decedent. Wisler v. Manor Care of Lancaster, 2015 PA Super 189, 124 A.3d 317 … Continue reading
The execution and validity of a lost will must be proved by two witnesses, who need not testify as the contents of the will. The contents of the will must be proved by clear and convincing evidence. Estate of Wilner, … Continue reading
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