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
Tag Archives: Spousal Election
A late spousal election under 20 Pa.C.S. § 2210 by the guardian of an incapacitated spouse will be allowed when the COVID-19 pandemic struck between the date of death and the six month filing deadline, the estate was not harmed … Continue reading
It was not an abuse of discretion or an error of law for the Orphans’ Court to allow a late spousal election under 20 Pa.C.S. § 2210 by the guardian of an incapacitated spouse when the COVID-19 pandemic struck between … Continue reading
Absent fraud or duress, a spousal election against a will (or an election to take under the will) becomes irrevocable at the end of the six month period allowed by 20 Pa.C.S. § 2210(b) and may not be revoked merely … Continue reading
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
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...
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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