The Supreme Court has adopted amendments to a number of Orphans’ Court rules to change references to “master” to “hearing officer.” The purpose of the amendments is to eliminate a term that has “a perjorative connotation” in “modern parlance outside … Continue reading
Daniel Evans
Pa.R.O.C.P. 10.5 has been amended to require that a notice of estate administration be given upon the grant of letters and whenever there is a change in personal representatives, including changes due to the death or resignation of a personal … Continue reading
An inherited individual retirement account (IRA) is not protected from the claims of creditors of the beneficiary because following the death of the IRA owner the account is not a “retirement account” within the meaning of 42 Pa.C.S. § 8124(b)(1)(ix). … Continue reading
Counties have begun updating their local rules to conform to the amendments of Pa.R.O.C.P 1.99 and the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania to require the use of the confidential information form and eliminate … Continue reading
Evidence that the decedent wanted to live nearer to her son in North Carolina, and the testimony of disinterested witnesses that the decedent did not intend to return to Pennsylvania, was sufficient to overcome the presumption of continued domicile in … Continue reading
A beneficiary of an inter vivos trust had a reasonable basis for her objections to the account of the trustee, and so the in terrorem clause did not apply to forfeit her of her beneficial interests in the trust. Kammer … Continue reading
The co-guardians for an incapacitated person disagreed on the advisability of COVID vaccinations, and the court approved the vaccinations over the objections of the one of the guardians. A.C.G., an Incapacitated Person, 11 Fid.Rep.3d 303 (Chester O.C. 2021). … Continue reading
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The decedent’s attorney testified that he had administered a “Mini-Mental Status Exam” to the decedent and that the decedent was “sharp” and “understood what he was doing” when he signed his fourth will providing increasing gifts to his long-time companion, … Continue reading
When the will directed that personal property should be distributed among the beneficiaries as they may agree, or shall be converted to cash if they are unable to agree, and the beneficiaries are unable to agree, the court ordered the … Continue reading