Daniel Evans
Bucks County has rescinded local Orphans’ Court Rule 4.7A, effective immediately. According to the order, a new rule must be promulgated before the Clerk may implement any electronic filing system. “Rescission of Orphans’ Court Rule 4.7A” (6/28/2021), 51 Pa.B. 3732 … Continue reading
In a non-precedential decision, the Superior Court has affirmed that tangible personal property (wine collection, paintings, and lawn equipment) acquired during the marriage for the use of both spouses may be considered to be held as tenants by the entireties … Continue reading
On June 21, 2021, the Supreme Court entered an order declaring an end to the statewide judicial emergency, and directing that the operation of the Unified Judicial System return to pre-pandemic states as of July 6, 2021. “General Statewide Judicial … Continue reading
On June 10, 2021, the Supreme Court entered an order amending Pa. O.C. Rule 1.1 to change the name of the rules from “Pennsylvania Orphans’ Court Rules” to “Pennsylvania Rules of Orphans’ Court Procedure” (“Pa.R.O.C.P.”), effective October 1, 2021. According … Continue reading
A previous judge had found that the termination fee claimed by the corporate trustee was reasonable, and a hearing on the issue was not required, so the current court was bound by that earlier decree under the coordinate jurisdiction rule. … Continue reading
The corporate trustee will not be surcharged for failing to diversify the investments of a trust when (a) the trust document specifically authorized the retention of the investments used to fund the trust and (b) the trust document directed that … Continue reading
That the decedent was named as the father of the claimant on her birth certificate, together with testimony that the decedent “held out” the claimant as his daughter by allowing her to reside with him when she was a child, … Continue reading
A person who has been adjudicated incapacitated is presumed to lack testamentary capacity and the burden is on the proponent of the will to provide clear and convincing evidence of testamentary capacity, or at least a lucid interval. Testimony of … Continue reading
Under the Pa. Structured Settlement Protection Act, 40 P.S. §§ 4001-4009, courts are required to supervise all aspects of settlements in which a minor is a party in interest, and an assignment of annuities issued as part of a structured … Continue reading