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Home→Tags PEF 5536(b)

Tag Archives: PEF 5536(b)

Substituted Judgment to Change Incapacitated Person’s Will

The Orphans’ Court had the power to change the will of an incapacitated person and substitute its judgment for that of the incapacitated person even though changes to an incapacitated person’s will are not among the specific powers listed in … Continue reading →

Posted in Opinions | Tagged PEF 5536(b), Preponderance of evidence, Substituted judgment

Substituted Judgment to Change Incapacitated Person’s Will

A change to an incapacitated person’s will was approved, the court exercising its power of substituted judgment, when the incapacitated person and her husband both had children from prior marriages, each had executed reciprocal wills each leaving their estates to … Continue reading →

Posted in Opinions | Tagged PEF 5536(b)

Changing an Incapacitated Person’s Estate Plan

Orphans’ Court has power under 20 Pa.C.S. § 5536(b) to approve changes to an incapacitated person’s will or trusts that would disinherit persons currently included as beneficiaries.  Navarra Estate, 6 Fid.Rep.3d 368 (O.C. Lawrence Co. 4/29/2016). (For the later decision … Continue reading →

Posted in Opinions | Tagged PEF 5536(b)

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