Two unpaid law firms petitioned to have claims paid above Federal and state claims, and the petition was denied, because debts and creditors are fixed in position at date of death, and without judgment lien filed prior to death, creditors are ranked according to PEF §3392. Lampley Estate, 2 Fid. Rep. 3d 481 (O.C. Chester 2012) (Opinion by Hall, J.)
Prenuptial agreement and probated will upheld in declaratory judgment against widow’s claim of modification of prenuptial agreement, because widow did not prove modification through clear and convincing evidence and she is barred from testifying because of Dead Man’s Rule. Tuscano Estate, 2 Fid. Rep. 3d 473 (O.C. Bucks 2012) (Opinion by Fritsch, Adm. J.)
Attorney fees awarded to prevailing parties, and against party found to have taken actions that were vexatious, frivolous, and in bad faith, including continued challenges to the adoptions of beneficiaries when the adoptions had already been upheld by a court in another state. Ahnert Trust, 2 Fid. Rep. 3d 498 (O.C. Monroe 2012) (Opinion by Williamson, J.)
Court refused to order guardian of the estate of an incapacitated person to pay the claim of nursing home before the costs of preserving the assets of the ward or other creditors. Maene, Incapacitated Person, In re, 2 Fid. Rep. 3d 464 (O.C. Bucks 2012) (Opinion by Fritsch, Adm.J.)
After remand from Superior Court and an amended adjudication entered, the Court upheld the surcharge for self-dealing and attorney fees for removed co-executors on cross-appeal to amended adjudication. Rappaport Estate (No. 2), 2 Fid. Rep. 3d 434 (O.C. Bucks 2012) (Opinion by Fritsch, Adm.J.)
In will contest for alleged forgery, Master found that expert evidence is of little weight compared to direct evidence and allowed contested will to be probated, because clear and convincing evidence did not exist to prove forgery. Karoly Estate, Angstadt Estate, 2 Fid. Rep. 3d 452 (O.C. Northamp. 2012) (Report of Master Gabb)
Despite divorce action, widow allowed deceased husband’s share of his company’s 401(k) profit sharing plan. McGarrity Estate, 2 Fid. Rep. 3d 447 (O.C. Chester 2012) (Opinion by Tunnell, J.)
10% executor commission allowed in a small estate of $48, 516.61, where beneficiary infighting and obstructionism created greater effort and time of executor; commission not limited to fee schedule under Johnson Estate. Duhovis Estate, 2 Fid. Rep. 3d 431 (O.C. Montg. 2012) (Opinion by Ott, J.)
Appeal of probate dismissed, because decedent had testamentary capacity and no undue influence existed, because decedent understood the bounty of his estate, its disposition, and no party influenced the decedent’s new will. Evans Will, 2 Fid. Rep. 3d 421 (O.C. Cumb. 2012) (Opinion by Oler, S.J.)
Executor’s commission reduced, trustee removed, and attorney’s fee reduced, because the executor advanced commission for work not yet done, did not keep hours, and estate was not complicated. Butler Estate and Trust, 2 Fid. Rep. 3d 402 (O.C. Phila. 2012) (Opinion by Herron, J.)