HTML Version Copyright 1995- Daniel B. Evans. All rights reserved. (Last updated 1/24/2020) The Clerk of the Orphans’ Court of each county in Pennsylvania is responsible for accepting all filings in Orphans’ Court matters, including estate accounts, guardianships, adoptions, and other such … Continue reading
Griffin Evans
Despite the language of the Wills Act of 1947, which was in effect at the time of the testator’s death, if there is no contrary intent expressed in the will, “issue”, “child”, or “children” presumptively includes children that were adopted … Continue reading
Majority shareholder at a shareholder meeting resigned his presidency, stated that he was taking an extended vacation, and stated that, if he died, he relinquished all of his shares to the officers and directors of the company. Court found that … Continue reading
The Attorney General of Pennsylvania objected to the attorney fees in an estate with a sole charitable beneficiary. The court found the attorney’s hourly rate to be reasonable, but found the amount of hours to be excessive, reducing attorney fees … Continue reading
Before dying intestate, decedent orally pledged estate to charitable institution. Court found that the pledge was not enforceable as a charitable pledge, meaning it was an oral contract to will, which was eliminated under PEF 2701. Stein Estate, 4 Fid. … Continue reading
In a claim for money damages against an estate for the executor’s breach of contract, the Orphans’ Court found that it lacked jurisdiction, because the claim is an action at law sounding in assumpsit that should be decided by the … Continue reading
Trust beneficiary died and trust dictates that principal and undistributed income goes to beneficiary’s descendents per stirpes. Corporate trustee determined that beneficiary died without issue, and putative daughter, who was born while mother was married to a man other than … Continue reading
Order by trial court directing the administrator of an estate to retain counsel to maintain appeal from tax sale affirmed because (a) the order was a collateral order appealable under Pa. R.A.P. 313, and (b) an administrator may not represent … Continue reading
In an action to change the situs of a trust and change the corporate trustee, the court held that the action was brought in the wrong venue, because the situs of the trust was in another county, and that 20 … Continue reading
HTML Version Copyright 1995- Daniel B. Evans. All rights reserved. (Current through December 2025) Under sections 806 and 806.1 of the Fiscal Code (72 P.S. §§ 806 and 806.1), all underpayments of tax which became due and payable to the Commonwealth of Pennsylvania … Continue reading