It was proper for the Orphans’ Court to dismiss objections to an account of an executor for amounts paid to the executor for legal fees incurred in defending the executor against claims asserted against the executor as agent under the … Continue reading
Tag Archives: Agent’s liability
The alleged incapacitated person was adjudicated incapacitated in 2024, but was found to have had testamentary capacity in 2018 when she revoked her revocable trust, based mainly on the testimony of her counsel who met with her and prepared the … Continue reading
The Orphans’ Court denied the objections to the executor’s account based upon the testimony of the executor which the court found to be credible, and the court did not find the testimony of the objectant and the objectant’s son to … Continue reading
Testimony and evidence showed that the decedent was strong willed and made his own financial decisions, and that the gifts to the decedent’s agent were the decisions of the decedent and not the agent. Various objections to expenses of the … Continue reading
[Update (8/24/2023): The Supreme Court has reversed the Superior Court and reinstated the judgment of the Orphans’ Court.] The Pa. Supreme Court is allowing an appeal from a decision of the Superior Court on the following issue (as stated by … Continue reading
In action against agent, former beneficiary of retirement account had standing to object to change of beneficiary designation by agent. Because the action was against the agent individually, and not the decedent’s estate, the Dead Man’s Rule will not apply. … Continue reading
When the principal and agent shared a home that was in the joint names of the principal and agent, and had agreed to divide living and maintenance expenses, the agent was not surcharged for installing new windows when there was … Continue reading
As a co-agent with her husband, a wife had a duty to the principal to act on her knowledge of her husband’s actions to protect the principal from theft and fraud by the husband as co-agent, and is therefore jointly … Continue reading
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. … Continue reading
Agent under power of attorney who was appointed “to serve jointly” with co-agent, but who acted alone, is surcharged for unexplained or unaccounted for expenditures, for changing an IRA beneficiary to herself, which was inconsistent with the principal’s intent as … Continue reading