The Administrative Office of the Pennsylvania Courts has published some technical and mechanical amendments to the Case Record Public Access Policy of the Unified Judicial System that it is considering recommending to the Supreme Court. The most significant proposal is … Continue reading
Daniel Evans
The U.S. Supreme Court has held that a state cannot tax the undistributed income of a trust when the only connection between the state and the trust is that beneficiaries of the trust resides in the state but the beneficiaries … Continue reading
The son of the decedent was not removed as executor for wasting or mismanaging the estate because (a) the executor transferring the decedent’s worthless timeshare properties to himself relieved the estate of the maintenance fees; (b) the executor had been … Continue reading
Because the two executors were deadlocked over the discretionary distribution of the estate, and one of them had a conflict of interest over a claim against her daughter while the other was believed to be more likely to bring the … Continue reading
Probate of 2007 will was upheld based on testimony of lawyer who met with the decedent on several occasions and prepared the will, as well as the lack of any evidence of undue influence, while probate of a 2013 will … Continue reading
The execution of a post-nuptial agreement as part of the divorce proceedings was an effective waiver of the right of the surviving spouse to a joint-and-survivor pension annuity, and that waiver can be enforced against the surviving spouse despite failure … Continue reading
Cumberland County has issued an administrative order appointing the Clerk of the Orphans’ Court as the designee to fulfill the requirements of Pa. O.C. Rule 14.8(d), (e), and (f) and monitor and review all guardianship reports. “Guardianship Tracking System; 96-1335” … Continue reading
Philadelphia has adopted new local O.C. Rules 1.8(c) (forms), 14.1A (guardianship petition practice and pleading), and 14.2A (petition for adjudication of incapacity), 14.6A (determination of incapacity and selection of guardian; hearing date), and 14.8A (guardianship reporting, monitoring, review, and compliance), … Continue reading
Dauphin County has adopted new local O.C. Rules 14.1(c.1) (post adjudication petitions) and 14.2 (proof of service) for guardianship proceedings, to be effective June 1, 2019. “Promulgation of Local Rules; No. 1793 S 1989” (Dauphin Co. 4/18/2019), 49 Pa.B. 2489 … Continue reading
Judge Tunnell of Chester County addressed a number of interesting and practical issues in his adjudication in Griggs Revocable Trust, 9 Fid.Rep.3d 85 (Chester O.C. 2019), including whether a trustee who has resigned (or been removed) can delay transferring trust...