Intervention by Creditor

In a proceeding by the executor to recover assets allegedly taken from the estate, beneficiaries claiming interests in the contested assets have standing to object to intervention by a creditor, and the creditor will not allowed to intervene when the creditor has no interest in the particular assets and has only a general interest in the estate that will be adequately represented by the executor. The court also ruled that a party claiming an interest in an asset was barred from testifying by the Dead Man’s Act, but could testify to authenticate photographs, and that hearsay testimony was inadmissible even if presented in an affidavit. Benson, Jr. Estate, 10 Fid.Rep.3d 99 (Lycoming O.C. 2020).

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