↓

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 68 << 1 2 … 66 67 68 69 70 … 78 79 >>

Category Archives: Opinions

Post navigation

← Older posts
Newer posts →

Mental Illness not Bar to Testamentary Capacity

Evidence that decedent had suffered from a mental illness, and was determined to be incapacitated after executing will, was not sufficient to overcome evidence that decedent had testamentary capacity when executing will.  Daughter was not in a confidential relationship with … Continue reading →

Posted in Opinions | Tagged Testamentary Capacity, Undue influence

Intestate Heirs Standing in Will Contest and Account of Agent

In will contest, executor of probated will (and former agent of decedent under a power of attorney) appealed from the trial court’s demurrer of two preliminary objections, arguing that intestate heirs lack standing to contest the will and lack standing … Continue reading →

Posted in Opinions | Tagged PEF 5610, Power of Attorney, Undue influence, Will contest

Waiver of Issues on Appeal from Adjudication of Incapacity

In an appeal from an adjudication of an incapacitated person, the Orphans’ Court explained that the issues not raised at trial should be quashed, because they were waived, and that when jurisdiction was returned to the Orphans’ Court, a review … Continue reading →

Posted in Opinions | Tagged Appeal, Incapacitated Person, PEF 5512.2, Waiver

Rights of Foster Parents in Termination of Parental Rights

Foster parents lack standing in petition to terminate parental rights, because §2512 of the Adoption Act does not list foster parents as parties that may file a petition to terminate parental rights.  However, under §6336.1 of the Juvenile Act, foster … Continue reading →

Posted in Opinions | Tagged Foster parents, Section 2512 of the Adoption Act, Section 6336.1 of the Juvenile Act, Standing

Parental Rights When Living with a Pedophile

A mother’s parental rights were terminated, because she continued to have a relationship with a man, who had been charged with rape and indecent assault of pre-school aged children.  In re O.M.H., 4 Fid. Rep. 3d 259 (O.C. Berks 2013) … Continue reading →

Posted in Opinions | Tagged 23 Pa.C.S.A. section 2511, Parental rights, Safe environment

Liability of Register for Failing to Require Bond

The Pennsylvania Supreme Court has held that a Register of Wills who issues letters to a personal representative without a bond required by law is not immune from liability under the Political Subdivision Tort Claims Act, 42 Pa.C.S. §§ 8541-8542, and … Continue reading →

Posted in Opinions | Tagged Bond, Register of Wills liability

Adoption and Inheritance Rights under the Wills Act of 1947

Despite the language of the Wills Act of 1947, which was in effect at the time of the testator’s death, if there is no contrary intent expressed in the will, “issue”, “child”, or “children” presumptively includes children that were adopted … Continue reading →

Posted in Opinions | Tagged Adoption, Issue, Tafel decision, Wills Act of 1947

Gift or Gift Causa Mortis

Majority shareholder at a shareholder meeting resigned his presidency, stated that he was taking an extended vacation, and stated that, if he died, he relinquished all of his shares to the officers and directors of the company.  Court found that … Continue reading →

Posted in Opinions | Tagged Gift, Gift causa mortis

Attorney Fees for Excessive Time Spent

The Attorney General of Pennsylvania objected to the attorney fees in an estate with a sole charitable beneficiary.  The court found the attorney’s hourly rate to be reasonable, but found the amount of hours to be excessive, reducing attorney fees … Continue reading →

Posted in Opinions | Tagged Attorney fees

Oral Contract to Will or Oral Charitable Pledge?

Before dying intestate, decedent orally pledged estate to charitable institution.  Court found that the pledge was not enforceable as a charitable pledge, meaning it was an oral contract to will, which was eliminated under PEF 2701.  Stein Estate, 4 Fid. … Continue reading →

Posted in Opinions | Tagged charitable pledge, Contract to will, PEF 2701

Post navigation

← Older posts
Newer posts →
Home→Categories Opinions - Page 68 << 1 2 … 66 67 68 69 70 … 78 79 >>

Contact Us:

Evans Law Office
101 Old York Road, Suite 303
Jenkintown, PA 19046
Telephone: (866) 348-4250
Email: resources@evans-legal.com
Site Work and Design Provided by M&K Early Design Group
© 2025 - Evans Estate Law Resources
↑