West Conshohocken, PA
Litigation Lawyer at West Conshohocken, PA
Practice Areas: Litigation, Trusts
OUTCOME: Court denied spouse's claim and upheld estate's claim.
Defense of decedent's estate against claim of surviving spouse for reimbursement of companion care payments, coupled with prosecution of claim by the estate against the surviving spouse for misappropri ... ating assets.
OUTCOME: Court agreed with our position on what the burdens were and what evidence the estate could present to successfully defend the claim.
Court considered the shifting burdens of proof in claim against estate by the decedent's surviving spouse.
OUTCOME: On summary judgment, in a case of first impression under 20 Pa. C.S. s 2514, we convinced the Court that the forfeited interest passed to the surviving spouse.
Question was whether assets forfeited by father after his unsuccessful Will contest passed to his children or to the surviving spouse under the residuary clause.
OUTCOME: The Court agreed with us that the decedent's intent controlled, and that the child's share of the estate was offset by the balance of the loan, even though it had been discharged.
Question was whether the balance of an unpaid loan owed by a child to decedent -- which had been discharged in bankruptcy -- should be reduced by the balance of the outstanding debt under the terms of ... the Will.
OUTCOME: Court agreed with us that the clause was not sufficiently specific and directed that the recipients of the non-probate assets were responsible for the tax on such assets.
Question was whether tax clause was sufficient to overcome the statutory apportionment scheme, such that the estate would be obligated to pay the taxes on non-probate assets.
OUTCOME: Court re-opened the 1966 adjudication on grounds that the executor had not filed a court-ordered schedule of distribution and had not provided notice to our client that an account had been filed.
Question was whether the personal representative of a deceased executor could be required to file an account where the estate had been ostensibly closed for 40 years following the adjudication of the e ... xecutor's account.
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