Although the decedent’s daughter denied acting as agent for her father under the power of attorney for which she had signed an agent’s acknowledgement, she was found to have acted as agent, and to have fiduciary duties to her father, … Continue reading
Category Archives: Opinions
An alleged incapacitated person moved the Orphans’ Court to reconsider the appointment of her son and daughter-in-law as plenary guardians, and the court granted the motion and scheduling a hearing. The alleged incapacitated person later filed a timely notice of … Continue reading
A health care worker’s claim for services to the decedent was properly dismissed by summary judgment when the plaintiff admitted that there was no express contract for services and the history of payments by the decedent and the decedent’s agent … Continue reading
The Orphans’ Court has mandatory jurisdiction to enforce its orders and judgments, and a garnishment action filed in the Civil Division to collect a judgment of the Orphans’ Court must be transferred to the Orphans’ Court. Lesko v. Brenning, ___ … Continue reading
A surviving spouse who received erroneous legal advice and failed to elect against the will should not be required to pay legal fees of the executor when she mistakenly files objections to the account of the executor and then withdraws … Continue reading
The denial of disqualification of counsel representing multiple beneficiaries is not an appealable order under the collateral order doctrine even when there is alleged to be a non-waivable conflict of interest among the beneficiaries when the counsel did not previously … Continue reading
When a trust has given the surviving spouse an unlimited right to withdraw principal and a later amendment gives the spouse the right to withdraw the greater of $5,000 or 5% of the trust principal, the amendment demonstrates the intention … Continue reading
Voiding an act of self-dealing by an executor, and not surcharge, is a proper remedy when the recipient of the transfer of estate property is the executor’s wife and she is complicit, and the transfer cannot be justified as an … Continue reading
Executor was removed who failed to probate will for five years and then failed to make any distribution of the estate for nine years, failing to give notices of estate administration, failing to advertise the grant of letters, failing to … Continue reading
It was a breach of fiduciary duty for the trustee to fail to ensure legal fees were reasonable and failing to review and question the fees charged, which were excessive in relation to the value of the trust (almost one … Continue reading