Preliminary objections sustained to civil complaint transferred from the Civil Division of Philadelphia County to the Orphans’ Court of Montgomery County after challenges to will and trust document had already been dismissed in Montgomery County, although claims of fraud and … Continue reading
Category Archives: Opinions
Direction in will that all estate, inheritance, and other death taxes be paid “out of and charged against my estate” overcame statutory direction that inheritance tax be paid from shares of estate subject to tax, and not from charitable shares. … Continue reading
Codicil upheld as valid even though witnessed by a minor and even though the date on the codicil was added after the death of the testator. Weitz Estate, 5 Fid.Rep.3d 372 (O.C. Luzerne 2015). … Continue reading
When will directed that real estate be sold and the proceeds divided among named beneficiaries, but contained no residuary clause, and agent sold real estate before death, proceeds of sale will be distributed to beneficiaries named in will and rest … Continue reading
Individual retirement account of decedent over the age of 59-1/2 held to be taxable because the applicable of the federal estate tax unified credit, which excluded estate of $5,250,000 from federal estate tax, did not make account “exempt from Federal … Continue reading
Language in trust document regarding creditors of beneficiaries did not restrain voluntary assignments of beneficial interests and so was not a valid spendthrift clause. Further, even a valid spendthrift clause would not have prevented the beneficiary from assigning distributions as … Continue reading
Surviving spouse who unsuccessfully attempted to elect against the decedent’s will and who took other actions to challenge the validity of a prenuptial agreement ordered to pay reasonable legal fees to the estate in accordance with the prenuptial agreement, and … Continue reading
Preliminary objections by Attorney General to petition of agent upheld, the court finding that it did not have the power to undo annuity beneficiary designations made by agent during decedent’s lifetime. Scutchall Estate, 4 Fid.Rep.3d 311 (O.C. Franklin Co. 2015) … Continue reading
It was not an abuse of discretion for the Orphans’ Court to deny termination of mother’s parental rights when mother had maintained contact with child while in foster care and had made some progress in maintaining emotional stability, and there … Continue reading
It was not an abuse of discretion for the Orphans’ Court to deny father’s request for a continuance of a termination hearing in order to obtain counsel when father received adequate notice of the hearing and of his right to … Continue reading