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Home→Tags Counsel fees and costs

Tag Archives: Counsel fees and costs

Agreed Division of Retirement Funds Enforced and Sanctions Imposed

Orphans’ Court had jurisdiction to clarify its own order despite lapse of time, and had jurisdiction over retirement funds which had been liquidated, and so its order enforcing settlement of estate and distribution of retirement funds was affirmed, along with … Continue reading →

Posted in Opinions | Tagged Counsel fees and costs, ERISA

Fees for Appointment of Guardian not Reimbursable

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 →

Posted in Opinions | Tagged Counsel fees and costs

Non-Reimbursable Legal Fees of Fiduciaries

Posted on July 12, 2021 by Daniel EvansNovember 11, 2021

The recent decision of the Supreme Court In re: Estate of William K. McAleer, 248 A.3d 416, ___ Pa. ____ (4/7/2021), is being widely discussed in the context of the extent to which the opinions and time records of the...

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Posted in Articles | Tagged Attorney fees, Attorney-client privilege, Counsel fees and costs, Executor commissions

Settlement Did Not Entitle Beneficiaries to Legal Fees

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 →

Posted in Opinions | Tagged Common fund doctrine, Counsel fees and costs

Pennsylvania Guardianship with Florida Trust

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 →

Posted in Opinions | Tagged Counsel fees and costs

Counsel Fees Imposed on Obdurate Party

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 →

Posted in Opinions | Tagged 42 Pa.C.S. 2503, Counsel fees and costs

Agent Surcharged for Lifetime Transactions, Counsel Fees Reduced

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 →

Posted in Opinions | Tagged Agent's liability, Counsel fees and costs, Donative capacity, Undue influence

Counsel Fees for Vexatious and Obdurate Adoption Litigation

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 →

Posted in Opinions | Tagged Adoption, Counsel fees and costs, Obdurate, vexatious

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