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.)
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.)