↓

Evans Estate Law Resources

Home Menu ↓
Skip to primary content
Skip to secondary content
  • Home
  • Resource Types
    • News
    • Articles
    • Opinions
    • Rules and Regs.
    • Directories
    • Statutes
    • Rates
    • Tips
    • Overview
    • Forms
  • Rate Tables
    • Applicable Federal Rates
    • Section 7520 Rates
    • Blended Annual Rates
    • Federal Under/Overpayments Rates
    • PA Underpayment Rates
    • PA Common Level Ratios
    • Federal Estate and Gift Tax Rates and Exclusions
    • Pa. Realty Transfer Tax on Life Estates and Remainders
  • Directories
    • Registers of Wills
    • Clerks of Orphans’ Courts
    • PA Legislation Pending
    • Attorney General Offices and Notices
    • Software and Services for an Estates Practice
    • Eligible Institutions for Fiduciary Funds
  • About Us
    • Daniel B. Evans
  • Login/Membership
    • Log In
    • Membership Billing
    • Membership Cancel
    • Membership Checkout
    • Membership Confirmation
    • Membership Invoice
    • Membership Levels
Home→Categories Opinions - Page 66 << 1 2 … 64 65 66 67 68 … 82 83 >>

Category Archives: Opinions

Post navigation

← Older posts
Newer posts →

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

Standing Is Not Jurisdictional

Posted on April 1, 2015 by Daniel EvansOctober 10, 2019

I feel somewhat vindicated by a recent order of the Supreme Court, which confirms my opinion that In re Estate of Briskman, 808 A.2d 928, 2002 PA Super 287 (2002), was wrongly decided. In Briskman, the Superior Court found that … Continue reading →

Posted in News, Opinions | Tagged Jurisdiction, PEF 908, Standing

Executor of Trustee’s Estate has Standing to Inquire into Charitable Trusts

The executor of a deceased trustee’s estate has sufficient standing to survive preliminary objections to a petition requesting records of charitable trusts when the executor has alleged (a) that the deceased trustee may have been entitled to compensation from the … Continue reading →

Posted in Opinions | Tagged Standing

Appeal of Order Denying Injunction against Sale of Property is Interlocutory

An order of an Orphans’ Court denying an injunction against a personal representative prohibiting a sale of real or personal property of the decedent is interlocutory and not a collateral order and so not subject to appeal.  Estate of Virginia … Continue reading →

Posted in Opinions | Tagged Pa.R.A.P. 342

Post navigation

← Older posts
Newer posts →
Home→Categories Opinions - Page 66 << 1 2 … 64 65 66 67 68 … 82 83 >>

Contact Us:

Evans Estate Law Resources
P.O. Box 178
Indian Lake, NY 12842
Telephone: (215) 233-0988
Email: resources@evans-legal.com
Site Work and Design Provided by M&K Early Design Group
© 2025 - Evans Estate Law Resources
↑