The Orphans’ Court was justified in imposing counsel fees to an estate for “vexatious, arbitrary, and obdurate” conduct by claimants when the claims were for an unconscionable and unenforceable penalty clause in a contract and for rent under a lease … Continue reading
Tag Archives: Counsel fees and costs
The failure of the executor to find bonds that were in joint names with one of the beneficiaries of the estate did not result in any loss to the beneficiary because the bonds had not matured and continued to accrue … Continue reading
The nephews of the incapacitated person had no standing to challenge the counsel fees and commissions claimed by the guardian of the estate when their father (the incapacitated person’s brother) was still living and their only interest in the incapacitated … Continue reading
When the settlor of the trust transferred a residence to a trust for the benefit her son and daughter-in-law, who were also trustees, and there was an unwritten “understanding” that the trustees/beneficiaries would pay the mortgage, and did pay the … Continue reading
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
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, 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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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