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.)
Will set aside on appeal of probate, because of lack of testamentary capacity and undue influence, when decedent signed will directly after surgery. Ehrhardt Will, 2 Fid. Rep. 3d 412 (O.C. Monroe 2011) (Opinion by Miller, J.)
Court denied specific performance for real property, because the written contract was not with decedent or decedent’s agent, and oral contract with equitable consideration for possession and improvement to property does not amount to specific performance in this case, because property burnt and parties are disputing insurance proceeds, which is easily measured by monetary value. Kriebel Estate, 2 Fid. Rep. 3d 398 (O.C. Montg. 2012) (Opinion by Ott, J.), aff’d 2885 EDA 2012 (Pa. Super. 10/25/2012) (non-precedential).
Court decided in declaratory judgment that widow’s notice of claim against decedent’s estate had merit under prenuptial agreement, pertaining to payment of mortgage and substitute payments for reduced salary, using contract construction. Campbell Estate (No. 1), 2 Fid. Rep. 3d 357 (O.C. Montg. 2010) (Opinion by Murphy, J.)
Nonsuit granted in will contest for fraud and undue influence, because contestant did not establish with a clear and convincing evidence that the decedent’s lack of English skills did not affect mental state for undue influence, when decedent was a successful businessman in the United States. Edelson Will, 2 Fid. Rep. 3d 385 (O.C. Montg. 2012) (Ott, J.)
The Court allowed for payment of widow’s attorney fees against estate under prenuptial agreement, which was a hybrid agreement of half hourly rate plus 20% recovered, but Court reduced attorney fees to full hourly rate plus $75,000. Campbell Estate (No. 2), 2 Fid. Rep. 3d 369 (O.C. Montg. 2012) (Opinion by Murphy, J.)
The court in a will contest for undue influence held that the widow of decedent lacked standing to compel an account from the decedent’s agent under power of attorney, because only the principal or the executor of the principal’s estate had standing as the agent was only a fiduciary of the principal. Griggs Estate (No. 2), 2 Fid. Rep. 3d 354 (O.C. Chester 2012) (Opinion by Tunnell, J.)