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Home→Categories Opinions - Page 62 << 1 2 … 60 61 62 63 64 … 78 79 >>

Category Archives: Opinions

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Tenancy by Entireties in Proceeds of Sale of Stock

The proceeds of the sale of stock that had been held by a husband and wife continued to be entireties property in the absence of any contrary provisions of the stock purchase agreement, and so the remaining proceeds were payable … Continue reading →

Posted in Opinions | Tagged Tenancy by entireties

Will Forgery

In an appeal from probate, the court found “without hesitation” that a May 2009 will admitted to probate was forged, because the timeline of the proponent of the will got the weekend of a family gathering wrong, meaning three witnesses … Continue reading →

Posted in Opinions | Tagged Appeal from probate, Credibility, Will forgery

Exercise of Power of Appointment Does Not Create a New Trust

Testator died leaving a trust under her will for her children, creating powers of appointments for each child, and an administrative power, allowing the removal of the corporate trustee with the consent of all income beneficiaries. After the death of … Continue reading →

Posted in Opinions | Tagged Jurisdiciton, Power of appointment, Removal of trustee, Situs of trust

Extrinsic Evidence in Will Interpretation

Brother of decedent was bequeathed the “Maujer rifle”, which is a typographical error for Mauser rifle of which the decedent owned 10.  The Court held that the brother was entitled to all 10 Mauser rifles because of the wills ambiguity … Continue reading →

Posted in Opinions | Tagged Ambiguity, Dead man's rule, Hearsay, Will interpretation

Default Judgment against Agent Upheld

In affirming the denial of a petition to strike a default judgment, the Superior Court held that the civil division of the Court of Common Pleas had jurisdiction to enter a default judgment against an agent for the debts of … Continue reading →

Posted in Opinions | Tagged PEF 711

Executor Recovers Estate Tax on Life Insurance

Under I.R.C. § 2206, an executor was entitled to recover a pro-rata portion of the federal estate tax attributable to life insurance paid to the decedent’s ex-wife, as well as interest paid on the tax, when the will directed that … Continue reading →

Posted in Opinions | Tagged Estate tax apportionment, IRC 2206

Equal Distribution Despite “Forwarding of Inheritance”

Court-approved settlement between guardian of the estate of the decedent and one of the decedent’s children precluded claim against the child for funds of the decedent that had benefited the child during decedent’s incapacity.  The court also found that the … Continue reading →

Posted in Opinions | Tagged Avancements, Equitable powers

Parental Rights Terminated to Allow Adoption

Parental rights of both mother and father terminated under 23 Pa.C.S. § 2511 when 11 year old child had been in foster care for more than six months, both parents failed to make progress in correcting the conditions that led … Continue reading →

Posted in Opinions | Tagged 23 Pa.C.S.A. section 2511, Termination of parental rights

Oral Contract to Make Will Upheld

A pre-1993 oral contract to make a will was found to have been established by the testimony of the beneficiary’s husband, brother, and nephew, and the beneficiary was found to have substantially performed her obligations under the contract when she … Continue reading →

Posted in Opinions | Tagged Contract to will, PEF 2701

Revocable Trust Modified by Later Marriage

Declaratory judgment was appropriate to hold that second spouse, who had not elected against will executed before her marriage to the decedent, was entitled to an intestate share of the decedent’s revocable trust which was also executed before marriage, and … Continue reading →

Posted in Opinions | Tagged Declaratory Judgment, Disclaimers, PEF 2507, PEF 7710.2

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