The Orphans’ Court has mandatory jurisdiction over a challenge to the validity of a beneficiary designation to a deferred compensation plan, and so a preliminary objection to the petition was dismissed. The petition alleged that the decedent changed the beneficiary … Continue reading
Tag Archives: Fraud
Preliminary objections to a petition to revoke the probate of a will were properly sustained when the petition was filed more than one year after probate and the documents in the record that were exhibits to other petitions filed by … Continue reading
On an appeal from probate, petitioner failed to answer discovery requests and was sanctioned by being barred from introducing evidence of undue influence or lack of capacity. For the remaining allegations of fraud and forgery, the petitioner did not present … Continue reading
Decedent with multiple residences was found to be domiciled in Pennsylvania, as all of his mail came to his Philadelphia residence and he wished to return there; undue influence was not proved by either direct or indirect evidence, as the … Continue reading
Disinherited children and grandchildren alleged fraud, undue influence, lack of testamentary capacity, and forgery of probated will, of which a good friend of the decedent was the sole beneficiary. After considerable discovery, sole beneficiary moved for summary judgment, and the … Continue reading
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
Court denied petition to enjoin sale of real estate, because in light of all the circumstances the agreement lacked fraud or mistake. Ferrari Estate, 2 Fid. Rep. 3d 325 (O.C. Montg. 2011) (Opinion by McCormick, J.) … Continue reading