Orphans’ Court has subject matter jurisdiction over claim by the personal representative of of the estate of a nonresident decedent to real estate in Pennsylvania, and dismissal of petition could not be sustained as a demurrer when petitioner had no … Continue reading
Category Archives: Opinions
An action against an agent to recover assets transferred by the agent during the decedent’s lifetime was not barred by the two year statute of limitations under 42 Pa.C.S. § 5524, and was not barred by laches, when there was … Continue reading
Beneficiaries named in a trust amendment prepared by a lawyer have standing as third-party beneficiaries to sue the lawyer for breach of contract when the trust amendment was never executed due to an admitted “oversight” by the lawyer. Estate of … Continue reading
Quantum meruit claim for lifetime services by licensed nurse practitioner allowed for two years before death (not barred by statute of limitations), even though she had already been compensated for nursing services, because her services were beyond those of a … Continue reading
Contract for sale of real estate by executor was approved, and given the effect of a judicial sale under 20 Pa.C.S. § 3353, even though a third party might profit from the sale because the third party was willing to … Continue reading
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
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