Philadelphia has adopted new local Orphans’ Court rules on determining title to real estate under 20 Pa.C.S. § 3546, discovery, and the appointment of counsel for the alleged incapacitated person in guardianship proceedings. “Adoption of Philadelphia Court of Common Pleas … Continue reading
Daniel Evans
Based upon a copy of a will alleged to have been signed before the will that was probated, the petitioners attempted to claim the proceeds of sale of real property in Turkey that was sold by the guardian of the … Continue reading
It was a breach of trust for the trustee of a testamentary trust to transfer a residence to the beneficiary of a testamentary trust when the beneficiary was only entitled to use the property during her lifetime. Because the beneficiary … Continue reading
After previously finding that it had no jurisdiction over the administration of the estate of a decedent who had established his domicile in Florida before his death, the Orphans’ Court also found it had no jurisdiction over challenges to actions … Continue reading
A mother’s intention to provide additional life insurance benefits for her three daughters and not her son, who was to inherit a valuable business, failed when the additional insurance was purchased through an existing trust for the benefit of the … Continue reading
Following the holding of the Superior Court confirming that the fiduciary exception to attorney-client privilege did not allow a trustee to withhold documents in discovery, the Orphans’ Court held that new claims of attorney-client privilege based on exceptions to the … Continue reading
The Orphans’ Court did not have the power to approve by-laws or a board of directors for a nonprofit corporation operating as a church following the death of the founder and sole incorporator of the church when there were no … Continue reading
Under the “relation back” doctrine, a lawsuit filed on behalf of an estate by the person appointed as the executor by the decedent’s unprobated will is timely if filed before the statute of limitations has expired even though the petition … Continue reading
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
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