Lifetime Gifts were not Advancements

When the will unambiguously left the testator’s estate to his four children in equal shares, it was error for the court to interpret the will to treat gifts made by the testator’s agent after the execution of the will as “advancements” that reduced the donees’ shares of the estate. It was also error for the court to sua sponte order that a joint account be included in the executor’s account as an asset of the estate when no party had raised the issue. In re: Estate of Alexander T. Tscherneff, 2019 PA Super 25 (2/1/2019).

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