Chester County has adopted new fee schedules for the Register of Wills and Clerk of the Orphans’ Court, to be effective November 2, 2026. “Fees to be Charged by the Register of Wills and Clerk of the Orphans’ Court; 2025-0085R-CM,” … Continue reading
Daniel Evans
The Orphans’ Court Procedural Rules Committee has published proposed amendments to two Rules of Orphans’ Court Procedure, and a proposal for a new rule, in order to provide more certainty for the duration of emergency guardianships and to clarify the … Continue reading
A petition filed by foreign relatives of the decedent challenging the decedent’s will and the distribution of the proceeds of property sold by a guardian of the decedent was properly dismissed as untimely when it was filed more than 30 … Continue reading
After discovery was completed in this will contest, the depositions of long-time friends of the decedent as to the execution of the will, and medical records that did not show a lack of testamentary capacity or weakened intellect, made summary … Continue reading
A claim against decedent’s agent for proceeds of property sold more than two years before the decedent’s death, and more than seven years before a petition was filed in the Orphans’ Court, was barred by the two year statute of … Continue reading
Whether the beneficiary had standing to bring a malpractice action against the attorney for the executor was not relevant to whether the beneficiary had standing to seek the removal of the executor for employing the attorney, and the decedent not … Continue reading
The Pa. Supreme Court has amended Pa. R.O.C.P. 15.2, 15.7, 15.8, 15.9, 15.10, and 15.13, and adopted a new Rule 15.24, in order to implement changes required by federal regulations under the Indian Child Welfare Act, 25 U.S.C. §§ 1901 et … Continue reading
It was neither an error of law nor an abuse of discretion for the Orphans’ Court to: Reduce legal fees charged to an estate to an hourly rate more consistent with local rates; Surcharge the executor for interest and penalties … Continue reading
The Orphans’ Court erred as matter of law in allowing legal fees and executor’s commission based only on a percentage of the value of the estate, and in placing the burden on the objectants to show that the resulting fees … Continue reading
Decedent’s will gave her residuary estate to her two sons in equal shares, but then gave one of the sons six months within which to exercise a “right of first refusal” to take the decedent’s farm as his share of … Continue reading