Because the Superior Court had previously ruled that the agent’s deposit of a refund check of the principal into a joint account with the agent was not a per se breach of fiduciary duty, the court in the second appeal … Continue reading
Daniel Evans
The duties of an agent under 20 Pa.C.S. § 5601.3 apply to powers of attorney created before January 1, 2015, but do not apply to acts of omissions of agents that occurred before that date, and an agent’s deposit in … Continue reading
The handwritten, notarized document signed by the decedent by which he purportedly “gave” his house to the claimant, with the condition that the claimant pay the existing mortgage until he was able to obtain a mortgage in his own name, … Continue reading
Bucks County has published new fee schedules for the Clerk of the Orphans’ Court and the Register of Wills. “Fees of the Clerk of the Orphans’ Court; Administrative Order No. 125” (8/19/2025), 55 Pa.B. 6171 (8/30/2025); “”Fees of the Register … Continue reading
Adams County has adopted a new local Orphans’ Court Rule 2.9 on the procedure for confirmation of accounts. “Rules of Orphans’ Court; Administrative Order; No. 5 of 2025” (7/31/2025), 55 Pa.B. 6044 (8/23/2025). … Continue reading
A deed from a joint tenant to herself was insufficient to sever the joint tenancy and create a tenancy in common with the other joint tenant. Grant v. Grant, ___ A.4th ___, 18 WAP 2024 (Pa. 8/19/2025). … Continue reading
The Orphans’ Court Procedural Rule Committee has proposed amendments to Pa. R.O.C.P. 5.8, on the discharge of a fiduciary, in order to clarify that the rule does not apply to the discharge of a trustee under a nonjudicial settlement. Comments, … Continue reading
The Orphans’ Court Procedural Rule Committee has proposed amendments to Pa. R.O.C.P. 7.1 in order to include the procedures under Pa. R.Civ.P. 234.3 for notices to a party to attend a hearing or produce documents or things, and in order … Continue reading
The Orphans’ Court had subject matter jurisdiction over a complaint alleging that changes in a public park violated the Donated Property Act, the Inalienable Property Act, and the Environmental Rights Amendment. In re: Preservation of FDR Park, ___ A.4th ___, … Continue reading
It was not error for the Orphans’ Court to refuse to consider the actions taken by the executor to administer the estate after the petition for removal had been filed. In re: Estate of Linda J. Cook, 859 WDA 2024 … Continue reading