An alleged incapacitated person moved the Orphans’ Court to reconsider the appointment of her son and daughter-in-law as plenary guardians, and the court granted the motion and scheduling a hearing. The alleged incapacitated person later filed a timely notice of … Continue reading
Daniel Evans
Cumberland County has rescinded all of its local rules and adopted new local rules, including new Orphans’ Court rules, effective January 1, 2024, or thirty days after publication in the Pennsylvania Bulletin (which would be January 8, 2024). “Local Rules; … Continue reading
Berks County has amended Berks County Orphans’ Court Local Rules 1.9C (depository of the court), 2.7A (time for filing objections to accounts), 7.5A (motions practice), and 14.8B (acknowledgement by guardian of duties) and rescinded Rule 2.12 (small estate petitions). “Amendments … Continue reading
A health care worker’s claim for services to the decedent was properly dismissed by summary judgment when the plaintiff admitted that there was no express contract for services and the history of payments by the decedent and the decedent’s agent … Continue reading
The Orphans’ Court Procedural Rules Committee is considering changes to Forms RW-02 (Petition for Grant of Letters) and RW-07 (Notice of Estate Administration). The petition for grant of letters would be revised to clarify that whether the decedent was the … Continue reading
The Internal Revenue Service has released Rev. Proc. 2023-34, 2023-48 IRB ___ (11/24/2023), with inflation adjustments for 2023 and, consistent with earlier predictions (with two exceptions), the changes in the most significant federal estate and trust planning numbers will be as follows: The … Continue reading
The Orphans’ Court has mandatory jurisdiction to enforce its orders and judgments, and a garnishment action filed in the Civil Division to collect a judgment of the Orphans’ Court must be transferred to the Orphans’ Court. Lesko v. Brenning, ___ … Continue reading
In a series of orders issued November 3, 2023, the Supreme Court has (a) adopted Rules of Judicial Administration that provide principles of construction for all procedural and evidentiary rules and (b) amended Pa.R.O.C.P. 1.2 (and other civil and criminal … Continue reading
The Pennsylvania legislature has passed, and Governor Shapiro has signed into law, a renewed section 2802-E of the Administrative Code of 1929, Act of April 9, 1929, P.L. 177, No. 175, to reimpose the “JCP” temporary surcharges of $10.00 and … Continue reading
A surviving spouse who received erroneous legal advice and failed to elect against the will should not be required to pay legal fees of the executor when she mistakenly files objections to the account of the executor and then withdraws … Continue reading