By Thomas Bonte | Published July 10, 2015 | Posted in Probate & Estate Law | Tagged Tags: decedent, intestate, lost will, Pennsylvania Supreme Court, two witness rule, wills |
The Two-Witness Rule to Lost Wills
Pennsylvania has long required the oath or affirmation of two witnesses to prove both the execution and the contents of a lost Will. The reasoning behind the “two witness” rule has always been to preserve the intent of the testator, or drafter of the will. But what happens when the two-witness rule works against the Read More
Read MoreCan I Sue My Kid’s School Because She Got Hurt While Playing School Sports?
Sports related injuries in schools are not atypical. In fact, the main reason my brother wasn’t allowed to join the middle school football team was my own mother’s fear he’d end up with a back or head injury. While I sympathized with my brother, being forced to grapple with my over-protective mother, it turns out Read More
Read MoreThe Million Dollar Comma
Ever wonder how important grammar is to the drafting of agreements? One drafting error had a million dollar impact. In a 2006 Canadian case, there was a contract dispute between Rogers Communications, a cable television provider, and a telephone company, Bell Aliant. The Agreement called for Alliant to string cable lines across a large number Read More
Read MoreBut My Father Was Incapacitated When He Sold The Sports Car He Left To Me In His Will – Am I Entitled to The Proceeds Of That Sale? ADEMPTION AND INCAPACITY In Pennsylvania
Ademption occurs when a specific gift in a will is no longer part of the estate at the time of death. For example, a father drafts a will leaving his red sports car to his son. Before Father’s death, however, he sells the sports car. Because the sports car is no longer owned by Father Read More
Read MoreI’ve Just Been Appointed A Guardian of An Incapacitated Person, What Does That Mean?
When a person reaches a point where they are unable to function either daily or manage their own finances the court may appoint a guardian if the person is adjudicated an “incapacitated person.” If the incapacitated person only needs aid or assistance in their daily functioning, the court may appoint a guardian of the pers Read More
Read MoreMY ADOPTIVE PARENTS JUST DIED? DO I HAVE INHERITANCE RIGHTS UNDER THE WILL?
Imagine you’re the parent of two children, one is your natural, and one who is your adopted child. When you draft your will, you leave your entire estate to your “children.” Using the word “children” is not uncommon even where there is only one child at the time of drafting because the testator may have Read More
Read MoreWho Has Standing to Challenge a Will?
When a person dies with a will, they are said to die testate. The will typically appoints an executor (male) or executrix (female) to fulfill the wishes of the deceased. Sometimes, the executor is also a named beneficiary of the will, although this is not always the case. For practical purposes, this could include selling Read More
Read MoreCan I hold a commercial vehicle operator liable for sudden mechanical failure?
Commercial vehicle safety is a very important issue when it comes to the overall goal of increasing highway safety. Because of the size and weight of most commercial vehicles, the potential risk to both passengers and other motorists is significant. Readers are fairly used to seeing headlines about truck accidents, commercial bus accidents, and school Read More
Read MoreWrongful Death Claims Cannot Be Waived By the Decedent
In a recent 2013 opinion by the Pennsylvania Superior Court, it upheld the trial court’s determination that a Wrongful Death Claim belonged not to the deceased person but to the beneficiaries as provided under the Wrongful Death Statute. Therefore, even though the deceased person had waived his rights to a trial by jury, the court Read More
Read MoreThe Parent/Child Waiver that Wasn’t (Entirely)
Fear not parents – it turns out the countless school, church, and athletic club waivers, shoved under your nose for your immediate and ever-lasting signature, actually have very little effect in the Commonwealth of Pennsylvania. In Pennsylvania, the potential right of a child to bring a lawsuit for injuries suffered is considered the personal property Read More
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