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Home→Categories Opinions - Page 74 << 1 2 … 72 73 74 75 76 … 78 79 >>

Category Archives: Opinions

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Executor Surcharged for Excessive Costs Incurred and Losses

Executor surcharged for missing dividends, for the costs of multiple appraisals, for losses upon the sale of securities that should have been more promptly liquidated, for litigation costs that exceeded the amounts at issue, and for late filing penalties for … Continue reading →

Posted in Opinions | Tagged Executor's duties, surcharge

Department of Revenue Waived All Issues by Failing to Appear

The failure of the Department of Revenue to appear at the hearing of an inheritance tax appeal in the Orphans’ Court or otherwise participate in the decision of that court operated as a waiver of all issues before that court … Continue reading →

Posted in Opinions | Tagged Inheritance Tax, Rules of Appellate Procedure, Waiver

Mortgage Lien Extinguished by Court-Ordered Sale

Mortgage lien was extinguished by sale ordered by court under 20 Pa.C.S. 3353, which had the effect of a judicial sale.  Landis Estate, 3 Fid. Rep. 3d 183 (O.C. Montgomery Co. 2013), rev’d, 85 A.3d 506, 2014 PA Super 7 (2014). … Continue reading →

Posted in Opinions | Tagged Mortgage lien, PEF 3353

Agent’s Account not Reliable and not Confirmed

Agent’s account was found to be unreliable and was not confirmed, so the agent was ordered to return to the guardian of the estate of the incapacitated principal amounts claimed to have been paid as compensation, reimbursements for expenses, or … Continue reading →

Posted in Opinions | Tagged AGent's compensation, Agent's liability

Discretion of Guardian to Spend Income

After incapacitated person was found to be eligible for medical assistance, guardian of the estate was not required to file a petition to seek court approval to spend the ward’s income on expenses other than the medical and nursing home … Continue reading →

Posted in Opinions | Tagged Guardian's discretion, Medical assistance

Oral Prenuptial Agreement Enforced

An oral prenuptial agreement may be established by clear and convincing evidence, and the court found credible the wife’s testimony that there was an agreement that she would have an interest in the marital residence based on her use of … Continue reading →

Posted in Opinions | Tagged Clear and convincing evidence, Prenuptial Agreement

Disinherited Daughter Had no Standing to Object to Agent’s Account

Daughter who had been disinherited by the principal did not have standing to object to the account of the agent for the principal who was living, was not alleged to be incapacitated, and filed an affidavit in support of the … Continue reading →

Posted in Opinions | Tagged Power of Attorney, Standing

No Undue Influence without Weakened Intellect

In  a will contest for undue influence, the court found that the testator did not have a weakened intellect, meaning a prima facia claim of undue influence fails.  Also, the court rejected an amendment to the petition for appeal from the … Continue reading →

Posted in Opinions, Resource Types | Tagged Undue influence, weakened intellect, Will contest

Assignment of Royalties Did not Include Subsurface Property Interest

Assignment of royalty interests did not convey subsurface mineral interests (which the corporate executor of the New York estate did not realize the decedent had retained) because the language of the assignment was unambiguous and without mistake, and so summary … Continue reading →

Posted in Opinions | Tagged Mineral rights, quiet title

Testamentary Exception to Attorney-Client Privilege

In a will contest for undue influence, discovery of estate planning documents from lawyer for testator is allowable under the testamentary exception to the attorney-client privilege.  Cohen Estate, 3 Fid. Rep. 3d 145 (O.C. Bucks 2012) (Opinion of Gilman, J.) … Continue reading →

Posted in Opinions | Tagged Attorney-client privilege, Discovery

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