Following the probate of the decedent’s will, the aunt of the decedent filed an appeal, but then died. A notice of death was filed, and heirs of the deceased aunt filed a notice of substitution. After conducting discovery, the beneficiaries … Continue reading
Category Archives: Opinions
The daughter of the decedent was not entitled to an intestate share of the residue of the estate, even though the will contained no residuary clause and the residue would pass by intestate succession, because the will included a gift … Continue reading
Section 529 plans (also known as “qualified tuition plans”) created under the laws of states other than Pennsylvania are also exempt from inheritance tax, because the limitation on the exemption from tax in 24 P.S. § 6901.316 (Section 316 of … Continue reading
The testimony of decedent’s lawyer showed that the sale of the real estate previously used by the decedent as his home and accounting office to his son who had worked with the decedent was at the direction of the decedent, … Continue reading
Testimony and evidence showed that the decedent was strong willed and made his own financial decisions, and that the gifts to the decedent’s agent were the decisions of the decedent and not the agent. Various objections to expenses of the … Continue reading
Although the decedent’s daughter denied acting as agent for her father under the power of attorney for which she had signed an agent’s acknowledgement, she was found to have acted as agent, and to have fiduciary duties to her father, … Continue reading
An alleged incapacitated person moved the Orphans’ Court to reconsider the appointment of her son and daughter-in-law as plenary guardians, and the court granted the motion and scheduling a hearing. The alleged incapacitated person later filed a timely notice of … Continue reading
A health care worker’s claim for services to the decedent was properly dismissed by summary judgment when the plaintiff admitted that there was no express contract for services and the history of payments by the decedent and the decedent’s agent … Continue reading
The Orphans’ Court has mandatory jurisdiction to enforce its orders and judgments, and a garnishment action filed in the Civil Division to collect a judgment of the Orphans’ Court must be transferred to the Orphans’ Court. Lesko v. Brenning, 304 … Continue reading
A surviving spouse who received erroneous legal advice and failed to elect against the will should not be required to pay legal fees of the executor when she mistakenly files objections to the account of the executor and then withdraws … Continue reading