Evidence that decedent had suffered from a mental illness, and was determined to be incapacitated after executing will, was not sufficient to overcome evidence that decedent had testamentary capacity when executing will. Daughter was not in a confidential relationship with … Continue reading
Category Archives: Opinions
In will contest, executor of probated will (and former agent of decedent under a power of attorney) appealed from the trial court’s demurrer of two preliminary objections, arguing that intestate heirs lack standing to contest the will and lack standing … Continue reading
In an appeal from an adjudication of an incapacitated person, the Orphans’ Court explained that the issues not raised at trial should be quashed, because they were waived, and that when jurisdiction was returned to the Orphans’ Court, a review … Continue reading
Foster parents lack standing in petition to terminate parental rights, because §2512 of the Adoption Act does not list foster parents as parties that may file a petition to terminate parental rights. However, under §6336.1 of the Juvenile Act, foster … Continue reading
A mother’s parental rights were terminated, because she continued to have a relationship with a man, who had been charged with rape and indecent assault of pre-school aged children. In re O.M.H., 4 Fid. Rep. 3d 259 (O.C. Berks 2013) … Continue reading
The Pennsylvania Supreme Court has held that a Register of Wills who issues letters to a personal representative without a bond required by law is not immune from liability under the Political Subdivision Tort Claims Act, 42 Pa.C.S. §§ 8541-8542, and … Continue reading
Despite the language of the Wills Act of 1947, which was in effect at the time of the testator’s death, if there is no contrary intent expressed in the will, “issue”, “child”, or “children” presumptively includes children that were adopted … Continue reading
Majority shareholder at a shareholder meeting resigned his presidency, stated that he was taking an extended vacation, and stated that, if he died, he relinquished all of his shares to the officers and directors of the company. Court found that … Continue reading
The Attorney General of Pennsylvania objected to the attorney fees in an estate with a sole charitable beneficiary. The court found the attorney’s hourly rate to be reasonable, but found the amount of hours to be excessive, reducing attorney fees … Continue reading
Before dying intestate, decedent orally pledged estate to charitable institution. Court found that the pledge was not enforceable as a charitable pledge, meaning it was an oral contract to will, which was eliminated under PEF 2701. Stein Estate, 4 Fid. … Continue reading