Estate of Jennie P. Grados, Appeal of: Grados, S.

CourtSuperior Court of Pennsylvania
DecidedAugust 6, 2024
Docket1175 WDA 2023
StatusUnpublished

This text of Estate of Jennie P. Grados, Appeal of: Grados, S. (Estate of Jennie P. Grados, Appeal of: Grados, S.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Estate of Jennie P. Grados, Appeal of: Grados, S., (Pa. Ct. App. 2024).

Opinion

J-A13031-24

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

IN RE: ESTATE OF JENNIE P. : IN THE SUPERIOR COURT OF GRADOS : PENNSYLVANIA : : APPEAL OF: STEVEN P. GRADOS : : : : : No. 1175 WDA 2023

Appeal from the Decree Entered September 15, 2023 In the Court of Common Pleas of Fayette County Orphans' Court at No(s): 26-19-0832

BEFORE: OLSON, J., SULLIVAN, J., and BENDER, P.J.E.

MEMORANDUM BY BENDER, P.J.E.: FILED: AUGUST 6, 2024

Steven P. Grados (“Appellant”) appeals pro se from the decree entered

in the Court of Common Pleas of Fayette County Orphans’ Court on September

15, 2023, which confirmed the final account of the estate of Jennie P. Grados

and directed distributions in accordance with the last will and testament of the

decedent.1 In light of Appellant’s failure to ensure this Court received a

complete record necessary for meaningful appellate review, and due to the

substantial defects in his brief, we dismiss this appeal.

The orphans’ court summarized the factual and procedural history of

this matter as follows:

The decedent, Jennie P. Grados[ (“Decedent”)], executed a last will and testament dated March 12, 2009. She died on ____________________________________________

1 We note that this is Appellant’s third appeal in this case. His first and second appeals were filed at Nos. 810 WDA 2021 and 1311 WDA 2022, respectively, and are discussed further infra. J-A13031-24

October 28, 2019. An estate was opened on November 8, 2019[ (the “Estate”)], at which time Kathy M. Hawker [(“Kathy”)] and Jennifer L. Russo [(“Jennifer”)] were appointed as co-executrixes by the [Office of the] Register of Wills. Prior to Decedent’s death, [Kathy] and [Jennifer] had also been agents under a durable power of attorney [(“POA”)] … dated March 12, 2009. The beneficiaries of the Estate are Decedent’s four children[:] Steven P. Grados (Appellant)[;] co-executrices, Kathy … and Jennifer…[;] and Michael F. Grados [(“Michael”)].

Though Appellant filed a “Petition to Contest the Will of Jennie Grados” on September 15, 2020, he did not actually challenge the validity of the 2009 will [or] the 2009 [POA]. Rather, Appellant’s principal objections concern[ed] certain real estate transfers, contractual arrangements, expenditures, accountings, and the disposition of his personal property from approximately 2017 through … Decedent’s death in 2019.

From 1998 until 2017, Decedent resided in her own home on Orchard Avenue in Belle Vernon, Westmoreland County. Decedent also owned a farm in Fayette County[,] which she conveyed to … Kathy [and her husband, William George Hawker,] by deed dated July 18, 2017. On or about August 21, 2018, Decedent’s Orchard Avenue home was also sold. Prior to the sale of the home, the parties arranged for Michael … to remove any personal property belonging to Appellant, as Appellant was incarcerated at the time.6 After the sale of her home and until the time of her death, Decedent resided with [Kathy] and [Jennifer], alternating on a regular schedule between the two homes. 6 [Appellant] testified [at] the August 31, 2022[] hearing that he was incarcerated from August of 2017 through early 2020. [Appellant], a former Pennsylvania State Trooper, was convicted on charges of mail fraud and forging a federal judicial order.

In 2017, Michael … filed a petition for appointment of a guardian in the Orphans’ Court [Division of the Court] of … Common Pleas of Westmoreland County, Pennsylvania. That court conducted a hearing on the petition on October 16, 2017, where [a] neurologist[,] Dr. Richard Kasdan[,] testified [as] to an examination of Decedent he conducted on October 10, 2017.7 After the hearing, all four parties reached an agreement in the guardianship matter in Westmoreland County, which was memorialized by an order of court dated November 2, 2017.8 Per

-2- J-A13031-24

this order, the Petition to Adjudicate Incapacity and for the Appointment of an Emergency Guardian of the Person and Estate of Jennie P. Grados was dismissed with prejudice. That court did not make any finding of incapacity and no guardian was appointed. Under other terms of the order, the farm property that had been conveyed to Kathy … and her husband was conveyed to the four siblings as tenants in common, and the estate of Jennie Grados reimbursed the Hawkers the $28,000 purchase price.9 [Kathy and Jennifer], as agents under the [POA] dated March 12, 2009, were further ordered to file an annual accounting of all transactions of Jennie Grados with the [Office of the] Register of Wills … of Westmoreland County. [Kathy and Jennifer] retained L. Christian DeDiana, Esq., a licensed Pennsylvania attorney (also certified as an “elder care” attorney) and certified public accountant, to prepare these annual accounts in compliance with the Westmoreland County court’s order. 7 A transcript of D[r.] Kasdan’s testimony from the Westmoreland County hearing was filed with the Fayette County Clerk of Courts Office on October 20, 2022, as part of the exhibits from the August 31, 2022[] hearing in Fayette County, under objection from counsel for the Estate. 8 The court notes in the order that the parties reached an

agreement and placed the same on the record, with the verbal consent of [Appellant] expressly provided to his brother, Michael…. 9 As Jennie Grados was still alive at the time of this order,

the estate referenced was in respect to the guardianship proceedings, and not the Estate opened after her death in Fayette County.

In or around February [of] 2019, DeDiana met with Decedent, [Kathy], and [Jennifer] to discuss Decedent’s desire to compensate [Kathy] and [Jennifer] for [her] living expenses and for the care [Kathy] and [Jennifer] were providing to [her] while she resided in their homes. DeDiana prepared two Lease Agreements and two Family Care Agreements, one of each for [Kathy] and [Jennifer]. The Lease[ Agreement]s were dated February 12, 2019, and the Family Care Agreements were dated April 3, 2019. The annual account prepared by DeDiana for the period [of] November 2, 2018[,] through November 12, 2019, included payments to [Kathy and Jennifer] pursuant to these agreements.

-3- J-A13031-24

At some point after the death of Decedent, Appellant filed a petition for judicial review with the orphans’ court in Westmoreland County. That court denied the petition by order dated August 25, 2020, on the grounds that there had been no determination of incapacity made, the request for a guardianship was resolved by a consent agreement among the parties without the appointment of a guardian, and the relief sought would involve payments to or from the Estate in Fayette County over which the Westmoreland court would have no jurisdiction.

Appellant then filed a “Petition to Contest the Will of Jennie Grados” in Fayette County on September 15, 2020. Despite the repeated recommendations of this court that Appellant should retain counsel, Appellant elected to proceed pro se. This court has had difficulty defining the issues because of Appellant’s inartful pleadings, disregard for the rules, and the lack of legal authority offered in support of his positions. Appellant’s original September 15, 2020[] petition offer[ed] various allegations which the court summarizes as follows:

1. Decedent was experiencing severe signs of dementia in 2017, supported by the medical opinion of Dr. Kasden, and was therefore not capable of executing legal documents;

2. The conveyance of the Fayette County property to [Kathy] and her husband was improper;

3. [Kathy] and [Jennifer] made various changes to Decedent’s accounts for their own benefit; and

4.

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Estate of Jennie P. Grados, Appeal of: Grados, S., Counsel Stack Legal Research, https://law.counselstack.com/opinion/estate-of-jennie-p-grados-appeal-of-grados-s-pasuperct-2024.