The Orphans’ Court has no subject matter jurisdiction over a petition challenging the validity of an amendment to a trust after the trustee has filed a final account, the account has been approved by the court, the time for appeal … Continue reading
Daniel Evans
Carbon County has adopted two new local Orphans’ Court rules on the filing and confirmation of reports of auditors or masters: New Local Rule 9.6 governs notice of the filing of a report of an auditor or master. “Adoption of … Continue reading
Westmoreland County has amended the fees charged by the Register of Wills and Clerk of the Orphans’ Court to include a processing fee of 2.79% for credit card transactions, effective June 1, 2025. “Addendum to Fees Charged by Register of … Continue reading
It was not an abuse of discretion for the Orphans’ Court to award counsel fees to the decedent’s daughter-in-law when her stepchildren removed jewelry from her home and a safe deposit box without her permission or the permission of her … Continue reading
A will by which a mother left her estate to two of her three children was not a product of influence when the third child failed to produce clear and convincing evidence of weakened intellect, a confidential relationship, and a … Continue reading
In a dispute about whether the decedent had validly conveyed a property to her daughter as joint tenants with right of survivorship, testimony about statements made by the decedent about her daughter-in-law were admissible as evidence of the decedent’s state … Continue reading
The Erie County Orphans’ Court has adopted a new local Rule 4.7 on electronic filing. “Order Adopting Erie O.C.R. 4.7; Doc. No. 2025-00096” (3/31/2025), 55 Pa.B. 2851 (4/19/2025). … Continue reading
Executor surcharged for interest and penalties resulting from failing to file income tax returns for the estate for four years (and interest was added to that surcharge), for legal fees paid at hourly rates above prevailing rates in the county, … Continue reading
The agent for the deceased principal filed an account that showed the same rounded expenses each month, the agent failed to comply with discovery orders to provide financial records, and the agent failed to appear at the hearing on the … Continue reading
When a trustee engages in an act of self-dealing by using trust assets as collateral for loans taken out for the benefit of the trustee and his family, the court may impose a surcharge based on the benefit to the … Continue reading