Surviving spouse did not meet her burden of proving that full and fair disclosure of assets was not made in the schedules included in the prenuptial agreement, and her testimony that she did not see the entire agreement before signing … Continue reading
Tag Archives: Spousal Election
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
One would think that marriage should be a binary condition: It is either “on” or “off,” because two people are either “married” or “not married.” And that is certainly true of the “on” condition, because the Probate, Estates and Fiduciaries...
An agent under of a power of attorney did not have a duty to claim an elective share of the estate of a deceased spouse when the surviving spouse was entitled to a gift in trust equal to the elective … Continue reading
Foreign marriage was found to be valid, and surviving spouse entitled to elect against the decedent’s will, where there documentary evidence of a valid marriage in Nepal and there was no evidence of any insanity or mental disorder rendering either … Continue reading
The court determined the spouse’s elective share rights in real property owned by the decedent and another person as joint tenants with right of survivorship, in joint bank accounts, and a fixed annuity contract held in a joint investment account, … Continue reading
An attempted election against a will, made more than six months after probate, is properly dismissed on summary judgment because the claimant must have known whether she and the decedent agreed to be married and so the six month limitation … Continue reading
A Vanguard account payable to a named beneficiary at the death of the account owner is subject to the surviving spouse’s elective share under 20 Pa.C.S. § 2203. In re Estate of Rood, 5 Fid.Rep.3d 15, 107 Berks Co.L.J. 71 … Continue reading
Court found that spouse, who had elected against decedent’s estate, had not willfully and maliciously deserted decedent, because the spouse had been abused by decedent, meaning the spouse’s desertion was with cause, and she had not forfeited her right to … Continue reading
Issues were whether wife of decedent could elect against the will despite signing a waiver induced by fraud and whether filing petition to elect after statutory period because of fraud was justified; the Court did not find clear and convincing … Continue reading