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Home→Tags laches 1 2 >>

Tag Archives: laches

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Daughter Waited Too Long to Challenge Gifts

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

The petition filed by a daughter challenging the gifts made to the other daughter four years before the mother was adjudicated incapacitated was denied because: (a) The lawyer who had represented and advised the incapacitated person (IP) in 2011 and … Continue reading →

Posted in Opinions | Tagged Confidential relationship, Judicial notice, laches, Standing

Common Law Marriage Not Proved and Barred by Laches

Posted on January 21, 2024 by Daniel EvansFebruary 12, 2024

Claimant failed to prove common law marriage by clear and convincing evidence of constant cohabitation and general reputation when the decedent also maintained a relationship and household with another woman and there was an unclear reputation of marriage between the … Continue reading →

Posted in Opinions | Tagged common law marriage, laches

Previous Ruling not Re-Examined

A previous judge had found that the termination fee claimed by the corporate trustee was reasonable, and a hearing on the issue was not required, so the current court was bound by that earlier decree under the coordinate jurisdiction rule. … Continue reading →

Posted in Opinions | Tagged laches, Law of the case, Statute of limitations

Co-Administrator Has Action Against Agent

One of two co-administrators of an estate has the power to compel an accounting by an agent for the decedent without the consent of the other co-administrator. An action in the Orphans’ Court to recover assets transferred by an agent … Continue reading →

Posted in Opinions | Tagged Co-executor, laches

Revocation of Spousal Election Allowed

The Orphans’ Court did not abuse its discretion in allowing a surviving spouse to revoke her election against her husband’s will three and a half years after the deadline for making the election when the spouse did not have full … Continue reading →

Posted in Opinions | Tagged laches, Spousal Election

Revocation of Assignment of Spendthrift Interests

A beneficiary may revoke an assignment of undistributed interests in a spendthrift trust, and so summary judgment on a petition for declaratory relief is appropriate.   Middleton Trust, 6 Fid.Rep.3 1 (O.C. Montg. 2015) (opinion by Murphy, J.) … Continue reading →

Posted in Opinions | Tagged Equitable estoppel, laches, Pa.R.C.P. 1035.2, Spendthrift clause, Summary judgment

Specific Performance of Option Despite Ten Year Delay

Specific performance of option to purchase real estate was enforced against the estate, notwithstanding delay of more than 10 years from the initial order allowing the exercise of the option and the recording of a lis pendens, the court finding … Continue reading →

Posted in Opinions, uncategorized | Tagged Estoppel, laches, Lis pendens, Specific Performance

Laches and Action Against Agent

An action against an agent to recover assets transferred by the agent during the decedent’s lifetime was not barred by the two year statute of limitations under 42 Pa.C.S. § 5524, and was not barred by laches, when there was … Continue reading →

Posted in Opinions | Tagged Collateral order, laches, Pa.R.A.P. 313, Pa.R.A.P. 341, Pa.R.A.P. 342, PEF 5601.2, PEF 5611, Statute of limitations

Laches Upheld against Administrator for Decedent’s Delay

The defense of laches may bar a claim by the administrator of an estate for claims against the decedent’s agent under a power of attorney when the decedent herself failed to prosecute an action against the agent for nine years, … Continue reading →

Posted in Opinions | Tagged laches, Power of Attorney

Laches in Will Contest Within One Year of Death

Appeal from probate was denied even though the appeal was filed within one year of probate when there was an unexplained delay in the filing of the appeal and the estate was prejudiced by the delay because it was unable … Continue reading →

Posted in Opinions | Tagged Appeal from probate, laches

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