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Home→Categories Opinions - Page 74 << 1 2 … 72 73 74 75 76 … 79 80 >>

Category Archives: Opinions

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Counsel Removal Denied for Delay and Lack of Conflict

The Orphans’ Court denied removal of executor’s counsel after the first and final account for an estate had been filed, because the petition was brought over 5 years after counsel began representing the executor, making the objection waived, and an … Continue reading →

Posted in Opinions | Tagged PRPC 1.7(a), Removal of counsel, Waiver

Surcharge of Agent for Self-Dealing

Under a power of attorney, the agent did not keep records of disbursements and receipts; after reconstructing an account, the court surcharged the agent $11,207 for (1) half of property improvements on property jointly owned between principal and agent (for … Continue reading →

Posted in Opinions | Tagged Joint Tenancy, PEF 5601(e), Power of Attorney

Statute of Limitations Raised by Agent Prematurely

Agent under power of attorney was compelled to account, which he did, and then filed an action for declaratory judgment that all actions against him for his agency were barred by the statute of limitations, to which the court dismissed; … Continue reading →

Posted in Opinions | Tagged Declaratory Judgment, Mootness, Power of Attorney, Venue

Counsel Fees for Vexatious and Obdurate Adoption Litigation

After allowing revocation of biological mother’s consent to adoption by biological father and his wife, and after appeals by the father to the Superior Court (which directed calculation of counsel fees) and Supreme Court, the Orphans’ Court considered counsel fees … Continue reading →

Posted in Opinions | Tagged Adoption, Counsel fees and costs, Obdurate, vexatious

Expert Bonding Assessment (Parental Rights)

Court held that it was not required to consider expert testimony of whether a bond existed between mother and child before terminating parental rights, as it had considered that issue with the evidence presented and had found no such relationship.  … Continue reading →

Posted in Opinions | Tagged Expert testimony, Parental rights

ERISA Preemption of Beneficiary Designations

Decedent began divorce action before death and changed the beneficiaries of a profit sharing plan of his employer without spouse’s consent.  ERISA and not 20 Pa.C.S.A. 6111.2 controls, meaning beneficiary designations could not exclude spouse without spouse’s consent in writing.  … Continue reading →

Posted in Opinions | Tagged Divorce, ERISA, Retirement plan

Presumption of Undue Influence Overcome

Evidence that the decedent was eighty-nine years old, unable to perform the usual activities of daily living, experienced memory lapses, and exhibited other characteristics of old age and declining mental health were insufficient to overcome presumption of testamentary capacity, but … Continue reading →

Posted in Opinions | Tagged Transfer on death designation, Undue influence

Domicile Shown by Actions of Decedent

Decedent was domiciled in Pennsylvania at the time of her death because she had maintained the same home in Philadelphia for more than 40 years, and she had shown by her continued presence and connections to Philadelphia that she still … Continue reading →

Posted in Opinions | Tagged Domicile, Probate

Laches in Will Contest Within One Year of Death

Appeal from probate was denied even though the appeal was filed within one year of probate when there was an unexplained delay in the filing of the appeal and the estate was prejudiced by the delay because it was unable … Continue reading →

Posted in Opinions | Tagged Appeal from probate, laches

Attorney for Deceased Settlor not Required to Account to Non-Beneficiaries

Niece and nephew of deceased settlor failed to show that they were beneficiaries of a trust, or that the settlor’s lawyer had been appointed to serve as a trustee, and so they had no standing to compel an accounting from … Continue reading →

Posted in Opinions | Tagged PEF 7797, Standing

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