York County has adopted and amended numerous local Rules of Orphans’ Court Procedure, including rules relating to the filing of legal papers, objections to accounts, preliminary objections, appointments of guardians for minors, settlement of actions involving a minor, access to … Continue reading
Daniel Evans
The imposition of contempt sanctions by the Orphans’ Court for filing additional frivolous pleadings after being ordered not to was not a denial of due process even though no formal hearing was held because the litigant had notice of the … Continue reading
The Superior Court would not reweigh or redetermine the credibility of the witnesses in the guardianship proceeding, and so affirmed that the expert medical testimony provided clear and convincing evidence that the appellant had untreated schizophrenia and was unable to … Continue reading
The Superior Court affirmed the upholding of objections of the personal representative of the estate of the deceased incapacitated person (the ward) to the account of the guardian, and the resulting surcharge of the guardian, on the following grounds: The … Continue reading
In the absence of a petition for guardianship or a petition in the orphans’ court to approve the actions of an agent under a power of attorney, the civil division of the court of common pleas had jurisdiction to determine … Continue reading
The Pennsylvania Supreme Court has adopted new rules of general application for ordering transcripts and for public access to court records, and these new rules should apply to proceedings in the Orphans’ Courts. For amended uniform rules governing court reporting … Continue reading
The Supreme Court has amended various rules in order to consolidate the procedures for waiving fees and costs (proceeding in forma pauperis) as a new Rule of Judicial Administration 1990, replacing Rule of Civil Procedure 240. Pa. R.O.C.P. 1.40 has … Continue reading
Because the decedent’s will directed his executors to arrange for his burial, the decision of the executor to exclude his brothers from the burial service prevailed over the wishes of his two brothers, even though they were the majority of … Continue reading
A distribution of a 98% interest in a real estate company by a living trust upon the death of the settlor is exempt from realty transfer tax in the same way that a transfer of a direct interest in real … Continue reading
The trustee, who was the grandson of the settlors, was properly convicted of theft by unlawful taking or disposition, theft by deception, theft by failure to make required disposition of funds received, and misapplication of entrusted property when he transferred … Continue reading