Attorney Fees Imposed on Claimants against Estate

The Orphans’ Court was justified in imposing counsel fees to an estate for “vexatious, arbitrary, and obdurate” conduct by claimants when the claims were for an unconscionable and unenforceable penalty clause in a contract and for rent under a lease which the court found was not authenticated and bore indicia of fraud, the claimants did not appeal the denial of their claims, but attempted to evade service of the citation for the petition for counsel fees and failed to appear at the hearing on the petition, and the issues raised on appeal were waived for failing to appeal the denial of their claims and failing to appear at the hearing on the petition for fees (or seek reconsideration of the grant of fees), as well as violations of the rules of appellate procedure. Mulligan Estate (No. 3), 2 Fid.Rep.4th 280 (Montgomery O.C. 2024), app. pend. 1912 EDA 2024 (Pa. Super.).

[The opinions on the claims against the estate were published at 2 Fid.Rep.4th 252 and 2 Fid.Rep.4th 259, which were summarized in “Liquidated Damages of 50% of Contract Price is Unenforceable” and “Authenticity of Lease Not Proven and Claims Denied.”]

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