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02.03.2020
Court Rejects Undue Influence And Lack Of Capacity Claim Citing Long-Standing Familial Schism
The Appellate Division affirmed summary judgment against a party seeking to invalidate a will based primarily on incapacity. The challenger was the decedent’s brother, Frederick Jelin. The decedent initially executed a will with the help of an attorney. The will included specific instructions regarding charitable and other specific bequests she wished to make to a […]
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02.03.2020
Pennsylvania Supreme Court Updates Orphans’ Court Rules
Effective January 1, 2020, the Pennsylvania Supreme Court issued several Orphans’ Court rule changes including the following: Rule 1.7 added a comment that withdrawal of counsel before the Register of Wills is subject to local rules or the discretion of the Register and may be different from the procedure of withdrawal of appearance in the […]
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02.03.2020
“Actual Knowledge” – The Hottest ERISA Item of The New Year!
(Click here for printable PDF) Under the Employee Retirement Income Security Act (ERISA), a retirement plan participant may file a breach of fiduciary duty claim against a plan fiduciary within 6 years from the date of the breach. If more than 6 years passes, they can no longer bring that claim. This is known as […]
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02.03.2020
Ex-Lawyer Who Murdered Wife Not Protected From Wrongful Death Suit
A lawyer who killed his wife claimed that his status as the surviving spouse protected him from being sued by the estate for wrongful death – the Georgia appeals court disagreed. The court said his “argument ignores the fact that he caused his wife’s death, and the law doesn’t authorize a surviving spouse to benefit […]
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