The Supreme Court has entered an order adopting new Orphans’ Court rules, generally effective September 1, 2016. In re: Order Rescinding and Replacing Rules 1.1 through 13.3 and Rule 17, and Amendment Rules 14.1 through 16.12 of the Pennsylvania Orphans … Continue reading
Category Archives: News
In an appellate case of first impression, the Superior Court has upheld the validity of a surrogacy contract, finding that the contract did not violate public policy and that, under the contract, the woman who was the “intended parent” under … Continue reading
The Washington County Orphans’ Court has adopted a local rule for mediation procedures. Local Orphans’ Court Rule L-1.4—Washington County Orphans’ Court Mediation Program, No. 2015-1 (10/19/2015), 45 Pa.B. 6497 (11/7/2015). … Continue reading
The Supreme Court of Queensland, Australia, has admitted to probate a document written on a iPhone before the owner committed suicide, finding that the document exists, states the testamentary intentions of the deceased, and was intended to be the decedent’s … Continue reading
Westmoreland County has rescinded local Rule WO407(b)(1) and adopted a new Rule WO407(b)(1), recognizing the new $50,000 limit on small estate petitions. “Rescinding Orphans’ Court Rule WO407(b)(1),” No. 3 of 2015, 45 Pa.B. 6116 (Westmoreland Co. 10/10/2015) (effective 30 days … Continue reading
According to a report of the Joint Committee on Taxation, President Obama’s fiscal year 2016 budget includes the following measures affecting estates and trusts: Restore the estate, gift, and generation-skipping exclusions and rates in effect in 2009 (i.e., $3,500,000 estate … Continue reading
Can the beneficiaries of a trust agree to a modification of the trust in accordance with 20 Pa.C.S. § 7740.1 that allows them to remove and replace a corporate trustee without any showing that the trustee can be removed in … Continue reading
Five different Supreme Court procedural rules committees (Criminal, Juvenile, Civil, Domestic Relations, and Orphans’ Court) have joined together to submit a proposal to revise all state-wide rules to require that local rules be published on-line by each county or court … Continue reading
In Notice 2015-57, the IRS has announced that the due date for the first new tax basis reports that must be filed under new IRC section 6035 is postponed to February 29, 2016. The Surface Transportation and Veterans Health Care … Continue reading
An Orphans’ Court judge has entered an order declaring to be valid a same-sex common law marriage entered into before common law marriages were abolished in Pennsylvania in 2005. The case is Estate of Kimberly M. Underwood, No. 2014-E0681 (O.C. … Continue reading