It is a violation of due process for a state to refuse to put the name of the wife of a birth mother on a birth certificate if the state would put the name of a husband on a birth … Continue reading
Daniel Evans
Evidence that decedent believed he had provided for his daughters during his lifetime, that decedent did not contact his attorney about preparing a new will or speak to any other attorney about a new will, and that the decedent had … Continue reading
Mercer County has adopted new Orphans’ Court rules to supplement the statewide rules that became effective September 1, 2016. “Local Rules of Court; No. 17-1,” (Mercer Co. 7/24/2017), 47 Pa.B. 4524 (8/5/17). … Continue reading
The Supreme Court has held that that 20 Pa.S.C. § 7766 is the exclusive method for removing a trustee, and that a trust cannot be modified under § 7740.1 to allow the beneficiaries to remove and replace the trustee. Trust … Continue reading
Monroe County has adopted new local Orphans’ Court rules consistent with the state-wide rules that took effect in September 2016, to be effective 30 days after publication in the Pennsylvania Bulletin. “Implementation of Local Orphans’ Court Rules; 5 CV 2017 … Continue reading
The successor agent did not have the power to bind the principal to an arbitration agreement when there was no showing that the initial agent named in the power of attorney was “unwilling or unable to act” as attorney-in-fact for … Continue reading
When a parent sets up a bank account in the names of herself and her two children, the surviving child becomes the sole owner of the account following the death of the parent and (four days later) the death of … Continue reading
The conclusion of the Orphans’ Court that there was a “reasonable probability” that a mother will be able to remedy conditions and regain custody of children was not supported by the record and ignored the requirements of the Adoption Act … Continue reading
Appeal from probate after more than one year is properly dismissed where appellant alleges only that will is “fraudulent” without specifying any fraud on Register of Wills or Orphans’ Court. Appellant also lacked standing because prior will, which would be … Continue reading
A child born before the execution of will and not provided for by the will is not entitled to an intestate share of the estate under 20 Pa.C.S. § 2507(4), and preliminary objections to the child’s petition for declaratory judgment … Continue reading