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Home→Categories Opinions - Page 56 << 1 2 … 54 55 56 57 58 … 78 79 >>

Category Archives: Opinions

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Beneficiaries of Trust Accounts Have Standing

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 →

Posted in Opinions | Tagged Power of Attorney, Standing, Tentative trusts

Parental Rights of Father May Not Be Terminated through Adoption by Grandparent

Posted on September 28, 2016 by Daniel EvansSeptember 28, 2016

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 →

Posted in Opinions | Tagged parent

Liability of Counsel for Erroneous Distribution

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 →

Posted in Opinions | Tagged Attorney fees, surcharge

Proof of ITF Accounts; Voided Transfers

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 →

Posted in Opinions

Authority of Agent Not Proved

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 →

Posted in Opinions | Tagged Power of Attorney

Proving Contents of a Lost Will

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 →

Posted in Opinions | Tagged Lost wills, PEF 3132

Civil Union is not Marriage

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 →

Posted in Opinions | Tagged Civil union, Marriage, Same-sex marriage

Property Specifically Devised Not Adeemed

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 →

Posted in Opinions | Tagged Ademption, PEF 2514(16.1)

Disclaimers of Litigation Proceeds Not Timely

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 →

Posted in Opinions | Tagged Disclaimers, Future interests, IETA 2116(c), Inheritance Tax

Evidence Supports Testamentary Capacity and Lack of Undue Influence

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 →

Posted in Opinions | Tagged Testamentary Capacity, Undue influence

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