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Home→Tags Waiver

Tag Archives: Waiver

Appointment of Co-Guardian Affirmed in Absence of Objections

Posted on March 23, 2024 by Daniel EvansMarch 23, 2024

The appointment of a co-guardian for an incapacitated person was affirmed on appeal despite potential conflicts of interest of the co-guardian when the counsel for the appellants failed to appear at the hearing before the Orphans’ Court and failed to … Continue reading →

Posted in Opinions | Tagged Conflict of interest, Consent, Guardianship, Waiver

Incoherent Statement of Issues Warrants Dismissal of Appeal

A pro se appellant’s statement of issues on appeal which was 32 pages long and a “discursive, argumentative, and incoherent rant” violates R.A.P. 1925(b) and should be considered to waive all issues. The appeal should also be dismissed on its … Continue reading →

Posted in Opinions | Tagged RAP 1925, Rules of Appellate Procedure, Testamentary Capacity, Undue influence, Waiver

Waiver of Issues on Appeal from Adjudication of Incapacity

In an appeal from an adjudication of an incapacitated person, the Orphans’ Court explained that the issues not raised at trial should be quashed, because they were waived, and that when jurisdiction was returned to the Orphans’ Court, a review … Continue reading →

Posted in Opinions | Tagged Appeal, Incapacitated Person, PEF 5512.2, Waiver

Counsel Removal Denied for Delay and Lack of Conflict

The Orphans’ Court denied removal of executor’s counsel after the first and final account for an estate had been filed, because the petition was brought over 5 years after counsel began representing the executor, making the objection waived, and an … Continue reading →

Posted in Opinions | Tagged PRPC 1.7(a), Removal of counsel, Waiver

Department of Revenue Waived All Issues by Failing to Appear

The failure of the Department of Revenue to appear at the hearing of an inheritance tax appeal in the Orphans’ Court or otherwise participate in the decision of that court operated as a waiver of all issues before that court … Continue reading →

Posted in Opinions | Tagged Inheritance Tax, Rules of Appellate Procedure, Waiver

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