A denial of a motion for recusal is an interlocutory order not subject to appeal. It is also not error for a judge to preside at the hearing on the recusal motion, for the judge to refuse to allow himself … Continue reading
Daniel Evans
The Philadelphia Orphans’ Court had no jurisdiction in a dispute over the burial of the decedent because the decedent was not domiciled in Pennsylvania and owned no property in Philadelphia, the decedent died outside of Pennsylvania, the decedent’s body was … Continue reading
In an action by the estate of a beneficiary of a trust and the charitable organization to which she attempted to appoint her share of the trust against the trustees for breach of fiduciary duty for failing to create a … Continue reading
The class of grandchildren “been so named [Morris]” included those grandchildren who as adults legally changed their names to include “Morris” as a middle name and the testator’s use of the passive voice did not imply that the grandchildren must … Continue reading
The claimant against the estate was barred by the Dead Man’s Act from testifying about the formation, terms, or performance of an alleged oral contract with the decedent and, in the absence of any other testimony or documentary evidence of … Continue reading
Both children removed as executors of parents’ estates when the executors had failed to sell or distribute the sole remaining property of one of the estates after more than 10 years, there was hostility between the executors, and one of … Continue reading
A residuary beneficiary is entitled to notice of the filing of a petition to remove the executor of the estate, and notice of the hearing on the petition. The order of the Orphans’ Court removing the executor and ordering the … Continue reading
Lancaster County has adopted new fee schedules for filings with the Register of Wills and Clerk of the Orphans’ Court. “Register of Wills and Clerk of the Orphans’ Court Bills of Costs; No. 2025-02609” (10/16/2025), 55 Pa.B. 7497 (11/1/2025). … Continue reading
House Bill 18, which makes a number of changes to 20 Pa.C.S. § 5512.2(a.1) relating to the scheduling and conduct of review hearings for guardianships, has passed both houses of the legislature and been signed into law by the governor, … Continue reading
A sale of real property that had been specifically devised was approved when the estate was otherwise without sufficient funds to pay debts and expenses, and the offer made by the devisee was “woefully inadequate” compared to the price under … Continue reading