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Home→Categories Opinions - Page 69 << 1 2 … 67 68 69 70 71 … 78 79 >>

Category Archives: Opinions

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Orphans’ Court Lacks Jurisdiction for Breach of Contract Action against Executor

In a claim for money damages against an estate for the executor’s breach of contract, the Orphans’ Court found that it lacked jurisdiction, because the claim is an action at law sounding in assumpsit that should be decided by the … Continue reading →

Posted in Opinions | Tagged Claims, Jurisdiction

Presumption of Paternity within Marriage

Trust beneficiary died and trust dictates that principal and undistributed income goes to beneficiary’s descendents per stirpes.  Corporate trustee determined that beneficiary died without issue, and putative daughter, who was born while mother was married to a man other than … Continue reading →

Posted in Opinions | Tagged Presumption of paternity

Pro Se Representation of Estate

Order by trial court directing the administrator of an estate to retain counsel to maintain appeal from tax sale affirmed because (a) the order was a collateral order appealable under Pa. R.A.P. 313, and (b) an administrator may not represent … Continue reading →

Posted in Opinions | Tagged Collateral order, Unauthorized practice of law

Venue and Situs of Trust

In an action to change the situs of a trust and change the corporate trustee, the court held that the action was brought in the wrong venue, because the situs of the trust was in another county, and that 20 … Continue reading →

Posted in Opinions | Tagged PEF 7710.1, Situs of trust, Venue

Registration Required for NJ Domestic Partnership

The New Jersey Tax Court has held that the surviving partner of a long-term same-sex relationship was not entitled to the benefit of the 0% Class A inheritance tax rate when the decedent and the surviving partner never registered in … Continue reading →

Posted in News, Opinions, Other States | Tagged Marriage

Guardian’s Power to Settle Judgments against Ward

Guardian of estate of incapacitated person, who had previously been granted the power to pay nursing home costs from principal and who had been authorized to sell real estate, did not have power to consent to judgments against the ward; … Continue reading →

Posted in Opinions | Tagged Guardianship, Incapacitated Person, PEF Code 3392

Joint Bank Accounts not Gifted to Estate

Bank accounts in joint names of decedent and daughter became property of daughter upon decedent’s death, and estate did not meet its burden of proving a gift by daughter to estate.  Boyce Estate, 4 Fid.Rep.3d 193 (O.C. Del. 2014) (Opinion by … Continue reading →

Posted in Opinions | Tagged Gift, PEF Code 6304

Haiti Earthquake and Court Finding Of Death

Posted on June 1, 2014 by SupportTechAugust 5, 2014

Income beneficiary of charitable remainder trust who was in Haiti during the earthquake on 1/12/2010 was not exposed to “specific peril” and would not be declared dead until seven years had elapsed.  Goodyear Trust, 4 Fid. Rep. 3d 171 (O.C. … Continue reading →

Posted in Opinions | Tagged PEF Code 5701, Presumption of death

Executor’s Conflict of Interest for Defending Will

Appointment of administrator pro tem denied, when conflict of interest, which might incapacitate the executor, was steps taken to defend the will against a contest, which the executor had standing to do (even though without any personal interest under the … Continue reading →

Posted in Opinions | Tagged PEF Code 4301, Standing, Will contest

Parental Rights of Incarcerated Father

Parental rights of incarcerated father, who had a history of criminal activity and has been incarcerated for most of child’s life, were involuntarily terminated.  In the Interest of J.M.B., 4 Fid. Rep. 3d 198 (O.C. Bucks 2014) (Opinion by Keller, … Continue reading →

Posted in Opinions | Tagged Parental rights, PEF Code 2511

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