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Home→Categories Opinions - Page 73 << 1 2 … 71 72 73 74 75 … 79 80 >>

Category Archives: Opinions

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Guardianship Proceedings in Two States

Individual, living in Lake County, Ohio, was adjudicated incapacitated and then moved to Delaware County, Pennsylvania, where her daughter petitioned the Orphans’ Court for adjudication of incapacity and appointment of a plenary guardian; the Orphans’ Court of Delaware County, applying … Continue reading →

Posted in Opinions | Tagged Incapacitated Person, PEF 5911, PEF 5913, PEF 5915, PEF 5916, PEF 5919

Equitable Estoppel in Claiming Share of Estate

Widow was equitably estopped from claiming a share of the proceeds of a survival action different from the share claimed by the widow in her petition that was previously approved for settlement of the action and allocation of the proceeds.  Neacosia … Continue reading →

Posted in Opinions | Tagged Equitable estoppel, Survival action

No Undue Influence in Beneficiary Designation

Dead Man’s Act applies to bar testimony of beneficiaries claiming interest in annuity contract, and was not waived by allegations by executor that beneficiaries had used undue influence over the decedent.  Applying principles similar to those that apply to wills, … Continue reading →

Posted in Opinions | Tagged Dead man's rule, Undue influence, weakened intellect

Mother of Claimant not Barred by Dead Man’s Act

In dispute with estate over ownership of watch, the person in possession of the watch cannot testify as to the alleged gift because of the Dead Man’s Act, but the mother of the alleged donee can testify.  Jamack Estate v Reis, … Continue reading →

Posted in Opinions | Tagged Dead man's rule

Judicial and Equitable Estoppel

Having taken a position in settlement of wrongful death and survival action as to proper division of proceeds, and having paid inheritance tax based on that position, removed executor is estopped from changing her position as to division of estate … Continue reading →

Posted in Opinions | Tagged Equitable estoppel, Judicial estoppel

Erroneous Distributions and Dilatory Conduct

Estate distribution was erroneous because share of charitable beneficiary was reduced by inheritance tax paid, and noncharitable beneficiaries were required to return the excess distributions in accordance with the indemnification agreements they signed at the time of the initial distributions.  … Continue reading →

Posted in Opinions | Tagged Attorney fees, Erroneous distributions, Executor commissions, Refunding agreements

Disclaimers and Medicaid

A disclaimer is a transfer without value that can affect eligibility for Medical Assistance – Long Term Care benefits.  Schell v. Dept. of Public Welfare, 80 A.3d 844, 203 C.D. 2013 (Pa. Cmwlth. 12/4/13). … Continue reading →

Posted in Opinions | Tagged Disclaimers, Medicaid

Indirect Criminal Contempt of Orphans’ Court Order

After Orphans’ Court ordered son of alleged incapacitated person (mother) not to visit his mother at her nursing home without siblings’ supervision, (because he had previously manipulated her, blocked access to her, moved her out of state, and filed bankruptcy … Continue reading →

Posted in Opinions | Tagged Incapacitated Person, Indirect criminal contempt

Spousal Election, Desertion, and Spousal Abuse

Court found that spouse, who had elected against decedent’s estate, had not willfully and maliciously deserted decedent, because the spouse had been abused by decedent, meaning the spouse’s desertion was with cause, and she had not forfeited her right to … Continue reading →

Posted in Opinions | Tagged Malicious Desertion, PEF 2106(a), Spousal Election

Fiduciary Exception to Attorney-Client Privilege of Executor

The beneficiaries of an estate, having filed objections to the executor’s account, petitioned for discovery of all files relating to the estate; the court ordered that all files relating to the management of the estate be turned over to the … Continue reading →

Posted in Opinions | Tagged Attorney-client privilege, Discovery, Fiduciary exception

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