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Home→Tags Statute of limitations - Page 2 << 1 2

Tag Archives: Statute of limitations

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Lawsuit against “Estate” Was Nullity

Legal action cannot be filed against the “estate” of a decedent, but only the personal representatives of the estate, and so an action filed against an estate is a nullity and a personal representative of the estate cannot be substituted … Continue reading →

Posted in Opinions | Tagged Proper party to litigation, Statute of limitations

Surcharges Imposed; Ownership of Properties Resolved

One co-executor surcharged for legal fees paid to defend criminal harassment charge by beneficiary; another executor surcharged for payment of invoices for work supposedly done by the executor during decedent’s lifetime when there was a lack of credible evidence that … Continue reading →

Posted in Opinions | Tagged Donative intent, Executor Commission, Statute of Frauds, Statute of limitations, surcharge

Laches and Action Against Agent

An action against an agent to recover assets transferred by the agent during the decedent’s lifetime was not barred by the two year statute of limitations under 42 Pa.C.S. § 5524, and was not barred by laches, when there was … Continue reading →

Posted in Opinions | Tagged Collateral order, laches, Pa.R.A.P. 313, Pa.R.A.P. 341, Pa.R.A.P. 342, PEF 5601.2, PEF 5611, Statute of limitations

Claim for Non-Health Care Services by Nurse

Quantum meruit claim for lifetime services by licensed nurse practitioner allowed for two years before death (not barred by statute of limitations), even though she had already been compensated for nursing services, because her services were beyond those of a … Continue reading →

Posted in Opinions | Tagged Quantum meruit, Statute of limitations

Fraud, Waiver, and Delay to Elect Against Will

Issues were whether wife of decedent could elect against the will despite signing a waiver induced by fraud and whether filing petition to elect after statutory period because of fraud was justified; the Court did not find clear and convincing … Continue reading →

Posted in Opinions | Tagged Breach of Fiduciary Duty, Fraud, Spousal Election, Statute of limitations

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