The court that approved the original settlement of the litigation for a minor’s injuries had jurisdiction to issue an order under Pa.R.C.P. 213.1 to consolidate actions in other counties approving the sale of annuities held for the benefit of the … Continue reading
Daniel Evans
Partial summary judgment was granted on the “substantial benefit” element of undue influence when the contested will left the entire estate to the proponent of the will (who was also the mother’s caretaker) despite the proponent’s claim that the additional … Continue reading
At the recommendation of the Real Property, Probate and Trust Law Section of the Pennsylvania Bar Association, the PBA Board of Governors has voted to oppose the adoption of Pa.O.C. Rule 10.7 that had been proposed by the Supreme Court … Continue reading
Crawford County has rescinded all of its local Orphans’ Court rules on adoption. “Rescission of Local Rules Concerning Adoption Procedures; No. O.C. 2021-26,” (3/10/2021), 51 Pa.B. 2380 (5/1/2021). … Continue reading
In “IRS Publication 590-B and 10-Year RMDs,” it was reported that IRS Publication 590-B had caused concerns about the application of the new 10-year rule, because examples in the publication made it appear that beneficiaries of inherited individual retirement accounts … Continue reading
In a dispute over legal fees paid by a trustee, the Orphans’ Court had ordered the trustee to turn over to the beneficiaries unredacted invoices for legal fees paid, and an evenly divided Supreme Court has affirmed the order. In … Continue reading
[Update (4/24/2021): According to the website MarketWatch, an unnamed “IRS spokesman” has said that the examples in IRS Publication 959-B are incorrect and will be revised to show that beneficiaries have 10 years to withdraw from an IRA “in whatever...
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Dauphin County has published a new Orphans’ Court Local Rule 4.7 for electronic filing, which will be effective thirty days after publication. “Promulgation of Local Rules; No. 1793 S 1989” (3/22/2021), 51 Pa.B. 2163 (4/17/2021). … Continue reading
The Administrative Office of Pennsylvania Courts has published proposed amendments to the Electronic Case Record Public Access Policy of the Unified Judicial System that would expressly include records of the Guardianship Tracking System and the Clerk of the Orphans’ Court … Continue reading
The Orphans’ Court Procedural Rules Committee has published a proposal for a new rule for Registers of Wills that would provide a cross-reference to 20 Pa.C.S. § 3908, which allows disclosure of digital assets through the filing of an affidavit … Continue reading