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Home→Tags Objections to account

Tag Archives: Objections to account

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

Use of Estate as “Personal ATM”

Costs incurred in selling decedent’s home were substantiated by a HUD settlement statement, and objections to minor discrepancies between the account and the amounts shown on the settlement statement were de minimis and overruled. Objection to attorney fee of $1,000, … Continue reading →

Posted in Opinions | Tagged Objections to account, surcharge

Executor Unfit to Serve; No Joinder to Objections to Account

Executor named in will was unfit to serve because he as admittedly insolvent, had been convicted of financial crimes, and had been abusing his powers as agent during his parents’ lifetimes, for which he was later convicted of criminal offenses. … Continue reading →

Posted in Opinions | Tagged Objections to account, Qualification to serve as executor

Unsupported Claims Denied

Posted on October 27, 2019 by Daniel EvansOctober 27, 2019

Objections sustained to claims by executor for care of decedent as contrary to Dead Man’s Act and without sufficient evidence, to claims for funeral expenses without receipts or vouchers sustained, and to attorney’s fees because time some spent in preparation … Continue reading →

Posted in Opinions | Tagged Attorney fees, Contract for care, Objections to account, Sale of real estate

Private Auction among Beneficiaries

Objections to executor’s account were denied to the extent they related to a private auction of real estate among the beneficiaries because the sale had been authorized and approved by the court in previous litigation, even though the terms of … Continue reading →

Posted in Opinions | Tagged Objections to account

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