Daughter’s request for reimbursement for legal fees and costs incurred in guardianship proceedings for her incapacitated father was denied because the daughter did not create new funds for her father or “provide a similar special service,” and an incapacitated person’s … Continue reading
The recent decision of the Supreme Court In re: Estate of William K. McAleer, ___ A.3d ___, ___ Pa. ____, 6 WAP 2019 (4/7/2021), is being widely discussed in the context of the extent to which the opinions and time...
Settlement did not create a “common fund” that would justify the payment of legal fees from the estate when one residuary beneficiary made a payment to the other three residuary beneficiaries, and no other beneficiaries were unjustly enriched by the … Continue reading
Fees of guardian and her counsel were approved over objections of the trustee of the ward’s revocable trust in Florida, the request for counsel fees by the trustee were denied, and the guardian was granted permission to submit a new … Continue reading
Counsel fees of $25,000 were properly imposed under 42 Pa.C.S. § 2503(7) and (8) on a party as sanctions for dilatory, obdurate, and vexatious conduct in continuing to pursue matters that were without merit and were previously decided. Mumma Estate, … 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
After allowing revocation of biological mother’s consent to adoption by biological father and his wife, and after appeals by the father to the Superior Court (which directed calculation of counsel fees) and Supreme Court, the Orphans’ Court considered counsel fees … Continue reading