Lawyer, who was removed as administrator of an estate for failing to account, paid himself from the estate about $50,000 in commission, charging $400 per hour for his time; the Court surcharged the lawyer for all fees paid to himself, … Continue reading
Category Archives: Opinions
An individual was involuntarily committed (section 302 of the Mental Health Procedure Act) for psychiatric treatment and later petitioned to have commitment expunged from her record as the commitment was illegal; the court disagreed, because the facts showed that she … Continue reading
An individual adjudicated incapacitated with a mechanical pump in her heart was refusing medical treatment, psychological treatment, and medication, and she has religious delusions; the Court held a review hearing and opined that the guardian of the person had full … Continue reading
Executor of a moderate estate and legal counsel surcharged for excessive fees and commissions, as well as unexplainable account errors. Donnelly Estate, 4 Fid. Rep. 3d 495 (OC Mont. 2014) (Opinion by Ott, J.) … Continue reading
Because a farm cannot be physically partitioned equitably between beneficiaries as tenants in common, the farm must be sold and proceeds divided according to ownership interest. Cremers Estate, 4 Fid. Rep. 3d 484 (OC Chester 2014) (Opinion by Hall, J.) … Continue reading
The Commonwealth Court has affirmed a decision of the Orphans’ Court of Montgomery County that a donor to a foundation lacks standing to enforce the conditions of a loan made by the foundation to a church when there was no … Continue reading
A petition to determine the ancestry of the petitioner, which the petitioner alleged was needed for an application for dual Italian and American citizenship, has been denied for lack of jurisdiction. In re Marino, 62 Ches. Co. L. Rep. 348, … Continue reading
The son of decedent, who was an agent under power of attorney and became executor of his mom’s estate, closed “payable on death” bank account while agent and distributed the money to two of the decedent’s three children and his … Continue reading
Court terminated parental rights of father for two children, because of father’s domestic violence, drug and alcohol abuse, and mental health. In Re B.B. and M.B., 4 Fid. Rep. 3d 429 (OC Berks 2014) (Opinion by Keller, J.) … Continue reading
Decedent with multiple residences was found to be domiciled in Pennsylvania, as all of his mail came to his Philadelphia residence and he wished to return there; undue influence was not proved by either direct or indirect evidence, as the … Continue reading