The court erred in division of wrongful death action damages and survival action damages, because Department of Public Welfare’s (DPW) medicare claim was against the estate instead of a personal injury lien (which would be against the wrongful death action). … Continue reading
Category Archives: Opinions
Petitioner (in will contest) claimed fraud and undue influence against decedent’s attorney, who contacted the County Office of Services for the Aging (COSA), after petitioner had solicited the attorney’s help to draft a new will for the decedent but would … Continue reading
One co-executor surcharged for legal fees paid to defend criminal harassment charge by beneficiary; another executor surcharged for payment of invoices for work supposedly done by the executor during decedent’s lifetime when there was a lack of credible evidence that … Continue reading
The Orphans’ Court refused to enter a judgment on an arbitration award when the petitioner failed to identify the arbitrator, the date and place of the arbitration hearing, and the details of the notice or service used to establish jurisdiction … Continue reading
Orphans’ Court had no in personam (personal) jurisdiction over administrator of Virginia estate who resided in New Jersey, and the court could not order the distribution of assets of the Virginia estate to the personal representative of a Pennsylvania beneficiary. … Continue reading
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
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