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Home→Categories Opinions - Page 67 << 1 2 … 65 66 67 68 69 … 84 85 >>

Category Archives: Opinions

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IRA Beneficiary Designation Unchanged by Will

Provisions of will were insufficient to change the beneficiary designation of an individual retirement account (IRA), there being no evidence that the decedent made reasonable efforts to comply with the terms of the account; objections to payments to claimant were … Continue reading →

Posted in Opinions | Tagged Beneficiary designations, Claim against Estate, IRAs

Action for Divorce Deprived Spouse of Standing to Contest Probate

Surviving spouse lacked standing to appeal from probate of will when spouse had filed for divorce and grounds for divorce had been established, because the spouse was no longer an intestate heir under 20 Pa.C.S. § 2106(a).  This was true … Continue reading →

Posted in Opinions | Tagged PEF 2106(a), Standing

Right of Occupancy Granted, Forced Sale by Executor Denied

A right of occupancy (which is different from a life estate) granted by the decedent’s will was not invalid or void against public policy merely because the decedent had no certificate of occupancy and the structure appeared to be in … Continue reading →

Posted in Opinions | Tagged Life estate, Right of occupancy

Audit of Account of Non-profit Corporation and Distributions

After a community ambulance association, a non-profit corporation, lost the authorization of their sponsoring community, the corporation was liquidated, and an account was filed with the court; the court confirmed the account (after amendment) and directed distributions.  Coaldale Community Ambulance, … Continue reading →

Posted in Opinions | Tagged Account, Audit, Distibutions, Liquidation, Non-profit corporation

Surrogacy Contract and Enforceability

Husband and wife contracted with surrogate mother to deliver the baby from  husband’s sperm and a donor’s egg. During the pregnancy, husband and wife separated. The surrogate mother petitioned the court to declare husband and wife as parents of Baby … Continue reading →

Posted in Opinions | Tagged contract enforceability, Legal parents, public policy, Surrogate mother, unconscionability

Interpretation of Shareholders Agreement for Valuation of Company in Account

Executor filed an account valuing two closely held companies by its market value, which means a willing seller to a willing buyer; objectors, two of four residuary beneficiaries, claimed that the shareholder agreement specified a pro rata valuation, meaning dividing … Continue reading →

Posted in Opinions | Tagged Ambiguity, Closely held business, Market value, Parole evidence, Shareholder agreement

Cy Pres Not Applied to Hospital Reorganization

When a hospital becomes part of a larger health care organization, but continues to operate as separate organization at the same location serving the same community, the cy pres doctrine should not be applied to require a pour-over trust and … Continue reading →

Posted in Opinions | Tagged Charitable trusts, Cy pres

Change of Minors’ Placement Goal

Court approved permanency plan with goal of adoption for children who had been removed from home and declared dependent after finding that father, a registered sex offender, had a history of sexual conduct with minors and was not cooperating with … Continue reading →

Posted in Opinions | Tagged Adoption, Parent and child

Declaratory Judgment Interpreting Will

Declaratory judgement entered interpreting handwritten will as granting petitioner a fee simple interest in decedent’s residence, and not a life estate, despite language regarding the sale and distribution of proceeds of sale in the event of petitioner’s death, which were … Continue reading →

Posted in Opinions | Tagged Precatory language, Will interpretation

Charitable Beneficiary no Longer Charitable

Distributions from charitable trust to Green Tree Community Health Foundation approved as successor or substitute for Chestnut Hill Hospital.  Geschick Trust, 5 Fid.Rep.3d 203, No. 1321 ST 1965 (O.C. Phila. 2011). … Continue reading →

Posted in Opinions | Tagged Cy pres

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