Agent Was Competent to Testify to Wishes of Mother

In a challenge to a transfer of the decedent’s residence during the decedent’s lifetime that was made to the decedent’s daughter by the agents under the decedent’s power of attorney, the brother of the transferee, who was also a co-agent, was competent to testify as to the wishes of the decedent and the Dead Man’s Rule did not apply because as a beneficiary of the estate his interests were adverse to the transfer. The court concluded that the testimony of the agents was more credible than the testimony of their brother, and so found that there was no fraudulent transfer by the agents and no need for an accounting by them. Pileggi Estate, Principal, 1 Fid.Rep.4th 476 (Montgomery O.C. 2023), aff’d, 2443 EDA 2023 (Pa.Super. 7/3/2024) (non-precedential).

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