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Home→Tags Objections to account 1 2 >>

Tag Archives: Objections to account

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Objections to Account Were Waived (Pa. Super.)

Posted on June 14, 2026 by Daniel EvansJune 14, 2026

Objections to an account were waived when they were not included in written objections filed in accordance with Pa. R.O.C.P. 2.7 and no request was made to amend the objections that were filed. The objections that were filed and were … Continue reading →

Posted in Opinions | Tagged Burden of proof, Disqualification of attorney, Objections to account

Objections Not Raised at Audit Were Waived

Posted on May 27, 2026 by Daniel EvansMay 31, 2026

The notice of audit of the executor’s account that was sent to the decedent’s grandchildren and other beneficiaries stated that objections must be filed 20 days before the audit date, but the grandchildren received a copy of the decree setting … Continue reading →

Posted in Opinions | Tagged Notice of Audit, Objections to account, Untimely objections

Guardian Failed to Prove Payment of Debt

Posted on May 15, 2026 by Daniel EvansMay 15, 2026

The Superior Court affirmed the upholding of objections of the personal representative of the estate of the deceased incapacitated person (the ward) to the account of the guardian, and the resulting surcharge of the guardian, on the following grounds: The … Continue reading →

Posted in Opinions | Tagged Beneficiary designations, Burden of proof, Fair market value, Objections to account, surcharge

Objections Dismissed for Conflict of Interest

Posted on April 5, 2026 by Daniel EvansApril 5, 2026

The Orphans’ Court may dismiss objections to the account of the personal representative of the estate when the objections were filed by a guardian and agent for the beneficiaries of the estate and the objectant had a conflict of interest … Continue reading →

Posted in Opinions | Tagged Conflict of interest, Objections to account

Petition for Surcharge Against Prior Executors

Posted on June 29, 2025 by Daniel EvansJune 29, 2025

When the executors who were originally granted letters have resigned and an administrator has been appointed to complete the administration of the estate, and the administrator files an account that covers only his own administration and not the administration of … Continue reading →

Posted in Opinions | Tagged Account, Objections to account, surcharge

Indemnification of Agent by Principal’s Estate

Posted on December 29, 2024 by Daniel EvansDecember 29, 2024

It was proper for the Orphans’ Court to dismiss objections to an account of an executor for amounts paid to the executor for legal fees incurred in defending the executor against claims asserted against the executor as agent under the … Continue reading →

Posted in Opinions | Tagged Agent's exculpation, Agent's liability, Attorney fees, Indemnification agreements, Objections to account

Liquidated Damages of 50% of Contract Price is Unenforceable

Posted on December 8, 2024 by Daniel EvansDecember 16, 2024

In a contract allegedly signed by the decedent for the purchase of real estate, a provision for “liquidated damages” of 50% of the contract price is unenforceable as a penalty, and a motion by the executor to dismiss an objection … Continue reading →

Posted in Opinions | Tagged Claims of Creditors, Objections to account, Pa.O.C. Rules

Executor Successfully Defended His Account

Posted on February 18, 2024 by Daniel EvansFebruary 18, 2024

The executor was able to provide credible explanations for checks that were written and expenses that were incurred, and credible testimony that the beneficiaries were given an opportunity to claim items of personal property before they were removed from the … Continue reading →

Posted in Opinions | Tagged Accounting by agent, Objections to account

Trustee Compensation Approved and Surcharge Denied for Lack of Inheritance Tax Discount; Removal of Trustees Denied

Posted on January 28, 2024 by Daniel EvansJanuary 28, 2024

The compensation of the trustees of a revocable trust following the death of the settlor was found to be reasonable, objection to valuation of rare musical instruments was overruled because the actual values could only be determined by sales of … Continue reading →

Posted in Opinions | Tagged Inheritance tax discount, Objections to account, Removal of trustee, surcharge, Trustee removal

WIdow’s Objections Were Not “Vexatious”

Posted on November 3, 2023 by Daniel EvansNovember 8, 2023

A surviving spouse who received erroneous legal advice and failed to elect against the will should not be required to pay legal fees of the executor when she mistakenly files objections to the account of the executor and then withdraws … Continue reading →

Posted in Opinions | Tagged Attorney fees, Objections to account, Spousal Election

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