↓

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 74 << 1 2 … 72 73 74 75 76 … 78 79 >>

Category Archives: Opinions

Post navigation

← Older posts
Newer posts →

Costs of Surcharge Defense Paid by Trust

Trustees who successfully defend themselves against a surcharge action are entitled to recover the legal fees and costs from the trust, and the litigation costs relating to three trusts should be born proportionately by all three trusts because the surcharge … Continue reading →

Posted in Opinions | Tagged Litigation costs, surcharge

Consideration of Beneficiary’s Other Resources

Trust allowed invasion of principal for support, education, and health care of beneficiary “after considering other available resources and economies of taxation,” and the trustee paid medical bills but refused to pay rent or purchase an automobile for the beneficiary.  … Continue reading →

Posted in Opinions | Tagged Principal distributions, Trustee discretion

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

Post navigation

← Older posts
Newer posts →
Home→Categories Opinions - Page 74 << 1 2 … 72 73 74 75 76 … 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
↑