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
Category Archives: Opinions
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
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
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
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
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
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
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
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
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