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
Category Archives: Opinions
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
An order authorizing the sale of real estate was not appealable under Pa.R.A.P. 342 because the objecting beneficiaries had no interest in the real estate, and was not an appealable collateral order under Pa.R.A.P. 313 because the objecting beneficiaries had … Continue reading
A plea of nolo contendere, followed by sentencing, was a “conviction” within the meaning of the Slayer’s Act, and so summary judgment against the convicted slayer was appropriate. Abbott Estate, 6 Fid.Rep.3d 80 (O.C. Butler 2015), aff’d, Nos. 1071 and … Continue reading
Judgment creditor of beneficiary of spendthrift trust could not attach trust assets and could not require distribution of beneficiary’s right to withdraw contributions to the trust because the right was not a “power of withdrawal” as defined by 20 Pa.C.S.A. … Continue reading
When an Orphans’ Court enters a nonsuit to objections to an account, the objectant must file a motion with the court to remove the nonsuit before appealing the nonsuit. In re: Ernest J. Koeberlein Trust, No. 652 WDA 201 (Pa. … Continue reading
Petition for termination of father’s parental rights was denied, despite father’s criminal history and current incarceration, because father had cooperated with child welfare agency and had achieved most of the objectives established for him by the agency. In re J.M.W., … Continue reading
Objections to distributions and dispositions of tangible personal property were dismissed when all family members had an opportunity to review and claim items, the executor was able to sell some unclaimed items, and other items were given away or discarded … Continue reading