An intestate heir found guilty but mentally ill in first degree murder of the decedent was barred from inheriting under the Slayer’s Act, 20 Pa.C.S. § 8801 et seq. McAndrew Estate, 131 A.3d 988, 2016 PA Super 4 (1/5/2016), aff’ng 5 … Continue reading
Category Archives: Opinions
Petition for emergency guardian denied when alleged incapacitated person had executed durable power of attorney, even though the two agents were unable to agree on a medical decision, because one agent had been making medical decisions and was willing to … Continue reading
An adult adopted by the testator’s grandson became a beneficiary of a testamentary trust upon the death of the adopting grandson because of the existence of a parent-child relationship during the minority of the adoptee. Armistead Trust (No. 2), 5 … Continue reading
When a power of attorney provided for “limited gifts” to persons “my attorney reasonably considers to be the natural objects of my bounty,” the agent should be surcharged for gifts that exceed the federal gift tax annual exclusion amount, but … Continue reading
A Vanguard account payable to a named beneficiary at the death of the account owner is subject to the surviving spouse’s elective share under 20 Pa.C.S. § 2203. In re Estate of Rood, 5 Fid.Rep.3d 15, 107 Berks Co.L.J. 71 … Continue reading
Father’s parental rights were terminated, even though he was incarcerated, because the father “evidenced a settled purpose of reliquishing his parental claim to Child by failing to maintain any parent-child relationship.” Adoption of F.G.T., 5 Fid. Rep. 3d 19 (OC … Continue reading
The court cannot grant a guardian’s petition to admit an incapacitated person into an inpatient psychiatric facility, because 20 Pa. C.S. 5521(f)(1) specifically forbids it. Jane Doe, Incapacitated Person, 5 Fid. Rep. 3d 13 (OC Del. 2014) (Opinion by Kenney, … Continue reading
Direction in will that all estate, inheritance, and other death taxes be paid “out of and charged against my estate” was insufficient to overcome statutory direction that inheritance tax be paid from shares of estate subject to tax, so objection … Continue reading
Any “testamentary exception” to attorney-client privilege under Pennsylvania law does not apply to a subpoena to the decedent’s attorney in a defense to a challenge to life insurance beneficiary designations alleged to be the result of undue influence. Collautt v. … Continue reading
The defense of laches may bar a claim by the administrator of an estate for claims against the decedent’s agent under a power of attorney when the decedent herself failed to prosecute an action against the agent for nine years, … Continue reading