Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Cardenas v. Schober

Order sustaining defendant's preliminary objections to causes of action relating to defendant's handling of testatrix's will affirmed because documents written by testatrix, evincing her intent to give plaintiffs more than that which was indicated in her probated will, did not constitute an "otherwise valid will," and plaintiffs could not use the documents to claim third party beneficiary status; order dismissing cause of action for intentional interference with an inheritance reversed.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
OPINION

� 1 Two appeals are before this Court from the orders entered in the Court of Common Pleas of Montgomery County on September 14, 2000, and November 16, 2000, sustaining appellee’s preliminary objections to appellants’ amended complaints. Upon review, we affirm the order entered on November 16, 2000, and affirm in part and reverse in part the order entered on September 14, 2000.

� 2 The relevant facts and procedural history follow. This case involves a dispute regarding the will of Eleanor Harper, who died on September 24, 1997. Ms. Harper’s will, dated March 20, 1997, was admitted to probate, and letters testamentary were issued to the executor, appellee, on October 2, 1997. Appellants claim appellee’s actions in his dealings with Ms. Harper denied them inheritance money and personal property. They argue that in July of 1997, Ms. Harper attempted to execute another will leaving appellants Mirales and Gudula Cardenas $80,000.00, and appellant Albert Luecke $60,000.00. They also allege Ms. Harper made handwritten documents leaving personal property to Mirales Cardenas and expected appellee to have these documents drawn up as a new will, and that appellee failed to do so or failed to do so properly. Appellants also allege that appellee hid and/or destroyed some of these documents, and, therefore, none of them could be probated. In the probated will, appellants Mirales and Gudula Cardenas were left $10,000.00, and Albert Luecke was left nothing. Appellee was left Ms. Harper’s home and its contents, along with the residuary of her estate worth $1,500,000.00.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Go to Events Go to Webcasts
School Law Associate

We are seeking two attorneys with a minimum of two to three years of experience to join our prominent and thriving education law practice in...


Apply Now ›
Real Estate Litigation Associate - New York, NY

Description: Fox Rothschild has an opening in the New York office for a Real Estate Litigation Associate with three to six years of commerci...


Apply Now ›
Attorney - Insurance Defense

Downtown NY property and casualty defense law firm seeks a Litigation Associate with 3+ years' experience to become a part of our team! You ...


Apply Now ›
Go to Lawjobs