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Home→Tags Hearsay

Tag Archives: Hearsay

Unrecorded Deed Upheld

Posted on April 18, 2025 by Daniel EvansApril 18, 2025

In a dispute about whether the decedent had validly conveyed a property to her daughter as joint tenants with right of survivorship, testimony about statements made by the decedent about her daughter-in-law were admissible as evidence of the decedent’s state … Continue reading →

Posted in Opinions | Tagged Credibility, Hearsay, Unrecorded deed

Medical Records Supported Involuntary Commitment

Posted on February 5, 2024 by Daniel EvansFebruary 5, 2024

The decision of a Mental Health Hearing Officer for an involuntary commitment for treatment for 20 days was affirmed based on information in medical records that was read into evidence and which fell within the regular records exception to the … Continue reading →

Posted in Opinions | Tagged Hearsay, Involuntary commitment

Intervention by Creditor

In a proceeding by the executor to recover assets allegedly taken from the estate, beneficiaries claiming interests in the contested assets have standing to object to intervention by a creditor, and the creditor will not allowed to intervene when the … Continue reading →

Posted in Opinions | Tagged Dead man's rule, Hearsay, Intervention, Standing

Extrinsic Evidence in Will Interpretation

Brother of decedent was bequeathed the “Maujer rifle”, which is a typographical error for Mauser rifle of which the decedent owned 10.  The Court held that the brother was entitled to all 10 Mauser rifles because of the wills ambiguity … Continue reading →

Posted in Opinions | Tagged Ambiguity, Dead man's rule, Hearsay, Will interpretation

Surcharge, Gifts Under POA, and Dead Man’s Rule

Agent under power of attorney filed account that included $480,515 in gifts to family, which sister of agent (and one of two beneficiaries under decedent’s will) objected to gifts as beyond the Agent’s power and under Section 5601.2(e) pertaining to … Continue reading →

Posted in Opinions | Tagged annual federal exclusion, Dead man's rule, gifts, Hearsay, PEF 5601.2(e), Power of Attorney

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