Surcharges Imposed; Ownership of Properties Resolved

One co-executor surcharged for legal fees paid to defend criminal harassment charge by beneficiary; another executor surcharged for payment of invoices for work supposedly done by the executor during decedent’s lifetime when there was a lack of credible evidence that the invoices were submitted to decedent during her lifetime; oral contract by decedent to sell property to a beneficiary denied, the court finding that the beneficiary was acting as the decedent’s property manager, but claims for rents paid to the beneficiary were denied as outside the four year statute of limitations; executors’ commissions in excess of Johnson Estate schedule upheld due to the number and condition of the real properties owned by the decedent and the difficulties of dealing with the contentious relationships among the siblings-beneficiaries; and lifetime gifts of jewelry by the decedent denied due to lack of donative intent.  McCusker Estate, 5 Fid. Rep. 3d 82 (O.C. Delaware Co. 2015) (Opinion by Kenney, P.J.)

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