It was not an abuse of discretion for the Register of Wills to deny letters of administration to a son who had threatened to destroy estate property by arson and to grant letters to his brother instead. Lapp, Sr. Estate, 7 Fid.Rep.3d 183 (Lycoming Co. O.C. 2017).
Lifetime transfer of real property from decedent to son was voided due to lack of donative capacity and undue influence, so son must return proceeds of sale of property to the estate, along with mineral royalties received for the property. Son who served as agent for mother was also surcharged for the death benefit under a life insurance policy which he improperly cashed in during his mother’s lifetime. Counsel fees paid by estate reduced by half for portion of services devoted to defending the son as executor. Knapp Estate, 7 Fid.Rep.3d 170 (Jefferson Co. C.P. 2017).
Pettition for approval of stipulated order regarding confidential information to be exchanged by the parties was denied without prejudice when the court was not asked to determine whether documents were confidential and there was no compelling reason to approve the agreement of the parties, the court summarizing the standards for filing documents under seal. Bauer Trust, John Middleton, Inc. Trust, Frances S. Middleton Trust, 7 Fid.Rep.3d 168 (Montgomery Co. O.C. 2017).
Executor’s account should state assets as of date of death, and include receipts and disbursements beginning with date of death, and not from date of executor’s appointment. Executor also has duty to investigate the amounts and distributions of assets passing outside of the estate, for both accounting and inheritance tax purposes, and to account for what inheritance tax was paid on what transfers. Other objections to the account were dismissed, except for property expenses which the will directed should be paid by beneficiaries. Klingel Estate, 7 Fid.Rep.3d 157 (Monroe Co. O.C. 2017).
Father’s attempt to revoke his consent to the adoption of his child, made orally at a hearing more than 30 days after the execution of the consent, was not timely under 23 Pa.C.S. § 2711(c) and was ineffective. In re: R.L., 2017 PA Super 333 (10/20/2017).
Judgment will not be entered against surviving spouse for “necessaries” when the creditor did not bring suit against the contracting spouse, did not attempt to obtain letters of administration for the estate of the deceased contracting spouse and did file any claim against the estate, and so cannot show that the estate is insolvent, as required by 23 Pa.C.S. § 4102. Ridge MD Leasing Co. LLC v. Whittington, 7 Fid.Rep.3d 151 (Franklin Co. C.P. 2017).
Action against lawyer to decedent and charitable beneficiary of estate was dismissed because lawyer did not have conflict of interest merely because the lawyer’s partner has represented the charity in other matters and charity was not unjustly enriched. Estate of Kasych v. Butz, 7 Fid.Rep.3d 139 (Lehigh Co. C.P. 2017).
Administrator C.T.A. surcharged for disbursements from estate funds for expenses that appear to be for her own personal use, and for amounts paid to the estate of the decedent’s brother and his widow, but not for amounts paid for repairs to be made to a property co-owned with the decedent’s brother, even though the repairs were apparently never made and the administrator was the victim of a scam, or for amounts paid to a possible contestant to the will. Commissions paid to the administrator of approximately 6% of the gross estate were reduced by one half. Hunsicker Estate, 7 Fid.Rep.3d 130 (Monroe Co. O.C. 2017).
Lease agreement with option to purchase, that did not specify a purchase price but instead stated that the purchase price would be based on an appraisal to be obtained, did not violate the statute of frauds and the lessee-purchaser was entitled to specific performance. Horack Estate, 7 Fid.Rep.3d 125 (Monroe Co. O.C. 2016).
Northampton County has adopted new local Orphans’ Court rules, to be effective November 13, 2017. “Administrative Order Orphans’ Court Rules; OC Admin Order No. 2017-002” (10/2/2017), 47 Pa.B. 6478 (10/21/2017).