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
Category Archives: Opinions
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
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
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
Proponent of will received substantial benefit under new will because his share of the estate increased from 6% to 35%, and his family’s share increased from 39% to 76%, and proponent had a confidential relationship with the testator, his aunt, … Continue reading
Shortly before decedent’s death, decedent deposited proceeds from the sale of his business into a bank account in joint names with his wife (tenancy by the entirety), from whom he was separated, and then promptly withdrew the money, placing it … Continue reading
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
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
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
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