An appeal from the probate of an undated will was denied without prejudice to the filing of a new petition when a later will has been discovered. Williams Estate, 4 Fid.Rep.3d 344 (O.C. Phila. 4/21/2014). … Continue reading
Category Archives: Opinions
Preliminary objections upheld, because a party who has been held to lack standing to contest a will also lacks standing to claim an interest in estate assets. Ciuccarelli Estate, 4 Fid.Rep.3d 335 (O.C. Phila. 5/21/2014), aff’d 1251 EDA 2014 (Pa.Super. … Continue reading
Surcharge for administration of estate for 18 years denied when real property held by estate was farmed and productive, there was litigation over condemnation of part of the property, there were disagreements among the beneficiaries over whether to sell or … Continue reading
Change of situs of a testamentary trust was denied under 20 Pa.C.S. § 7708(c) when all qualified beneficiaries and one trustee consented to the change but one trustee did not consent, but change approved under § 7708(g) when the court … Continue reading
Person designated as “executor of my estate and insurance” was the trustee who was the life insurance beneficiary described as “trustee(s) or successor(s) as provided in last will” when the will included specific bequests of life insurance proceeds even though … Continue reading
The Philadelphia Orphans’ Court has denied a petition by Board of Directors of City Trusts of Philadelphia seeking a modification of the trust for Girard College under the will of Stephen Girard that would have converted the college’s residential program … Continue reading
The Commonwealth Court has considered the standards to be applied by the Public School Employees’ Retirement Board when it is alleged that a Public School Employee’s Retirement System beneficiary designation is the product of undue influence. Snizaski v. Pub. School … Continue reading
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
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
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