• In re: Estate of Nothstein

    Publication Date: 2018-12-25
    Practice Area: Legal Practice Management | Trusts and Estates
    Industry: Legal Services
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Patti-Worthington
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1463

    Where the decedent attorney named in his will two co-executors who were not attorneys but also directed that a specific attorney handle any matters involving his law practice, the court appointed the lawyer as conservator with the necessary powers to wind up decedent's law practice. The court granted a petition for the appointment of a conservator.

  • In re: Estate of Cramer

    Publication Date: 2018-12-10
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1117

    Where decedent made a bequest to a non-profit, volunteer emergency services organization that had gone defunct, the court exercised the doctrine of cy pres to bequeath the funds to another volunteer emergency services organization that most closely resembled the original beneficiary. The court granted executor's petition to exercise cy pres power.

  • Brown v. Halpern, et al

    Publication Date: 2018-12-10
    Practice Area: Litigation | Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1492

    Plaintiff received the necessary "favorable termination" of the underlying litigation to establish defendants' liability under the Dragonetti Act where defendants withdrew their claims against plaintiff because they realized that continued litigation could subject them to Dragonetti Act liability. The appellate court affirmed a verdict for plaintiff.

  • In re Estate of Van Horn

    Publication Date: 2018-11-20
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Butts
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1346

    The court rejected a claim against a decedent's estate in connection with a personal care agreement, because a confidential relations existed and the claimant failed to demonstrate the agreement was free from any undue influence.

  • In re: Estate of Fabian

    Publication Date: 2018-11-20
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Carbon County
    Judge: Judge Serfass
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1351

    Where petitioners failed to establish a prima facie case of undue influence with proof that the decedent was of a weakened intellect, respondents were not required to affirmatively demonstrate the absence of undue influence upon the decedent. The court recommended affirmance of its order denying petitioners' relief.

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  • In re Estate of Bisbing

    Publication Date: 2018-11-13
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1307

    A decedent's will expressly devised his residence to one of his sons, and the Dead Man's Rule precluded the admissibility of contrary statements by the decedent. The court granted a motion by the devisee to exclude other family members from the residence.

  • In re: Estate of Klingel

    Publication Date: 2018-11-06
    Practice Area: Fee Disputes | Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1305

    The executor of the estate at issue was not entitled to a commission charged where his unexplained delay in activity resulted in this relatively simple estate remaining open and where he failed to provide testimony to establish how his commission was calculated. The court denied executor a commission and assessed a sanction against him.

  • In re Estate of Huber

    Publication Date: 2018-10-23
    Practice Area: Administrative Law | Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Musmanno
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1275

    Orphans' court erred in granting letters of administration C.T.A. to the attorney who held a power of attorney from the executrix named in the deceased's will because the register of wills had jurisdiction to grant letters of administration and there was no confirmation in the certified record that the will was admitted to probate or that the initial register of wills' determination was appealed to the orphan's court. Vacated.

  • Berry v. Berry

    Publication Date: 2018-10-23
    Practice Area: Civil Procedure | Family Law | Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1262

    Where both parties' competency in this divorce action was called into question but neither parties' competency established, the trial court's equitable distribution award was premature. The appellate court vacated an equitable distribution order and divorce decree.

  • Johnson v. Neshaminy Shore Picnic park, Inc.

    Publication Date: 2018-10-16
    Practice Area: Evidence | Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Carrafiello
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1155

    Mother was entitled to the relief sought in her petition for forfeiture of father's share of wrongful death proceeds arising from the death of their minor child where father failed to support the child during the last year of his life. The court recommended affirmance of its order granting mother's forfeiture petition.