Intestate Heirs Standing in Will Contest and Account of Agent

In will contest, executor of probated will (and former agent of decedent under a power of attorney) appealed from the trial court’s demurrer of two preliminary objections, arguing that intestate heirs lack standing to contest the will and lack standing to get an accounting of his actions as agent.  The Court wrote that the two appeals were not allowed as a matter of right and that there had been no findings of fact on which an appeal could be based, meaning the appeals should be quashed.  Furthermore, intestate heirs have standing if there is a realistic possibility that the will contest will succeed, meaning the decedent died intestate, and an agent is required to account whenever ordered by a court.  Gralak Estate (No. 1) and (No.2), 4 Fid. Rep. 3d 280 (O.C. Phila. 2014) (Opinion by Carrafiello, J.)

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