Probate of copy of will upheld, even though will was in the possession of the testator and presumed to have been destroyed with the intention of revoking it, based on the credible testimony of two disinterested witnesses that interested parties … Continue reading
Daniel Evans
Parental rights of father will be terminated when father has failed to perform parental duties for at least six months, had no contact with the child or the child’s mother for five years, the step-father wishes to adopt the child, and … Continue reading
Decedent who committed suicide had capacity to execute handwritten codicil in favor of neighbors despite evidence of depression and hoarding, and there was no evidence of a confidential relationship with the neighbors to support a claim of undue influence. Hunter … Continue reading
Executor commissions and attorney fees paid to deceased lawyer who did not complete administration of estate were reduced by fees paid to accountant, and further reduced from $121,000 (more than 5% of $1.16 million estate) to $44,000 to apply different … Continue reading
Termination of parental rights was appropriate when there was clear and convincing evidence that father had failed to acquire proper housing and income and had failed to successfully address his substance abuse issues, and when termination would serve the best … Continue reading
In-house legal opinions relating to the exercise of trustee discretion were not protected by attorney-client privilege and are subject to discovery by beneficiaries seeking to remove the trustee. Warriner Trusts, 6 Fid.Rep.3rd 223 (O.C. Susquehanna Co. 5/4/2016). … Continue reading
Upon preliminary objections to a complaint filed in the Civil Division alleging abuse of a power of attorney, the action was transferred to the Orphans’ Court, which has exclusive jurisdiction under 20 Pa.C.S. § 711(22). Preliminary objection alleging that the … Continue reading
Columbia and Montour Counties have adopted new local Orphans’ Court rules, to be effective 30 days after publication. “Business of the Courts; Case No. X of 2016,” 46 Pa.B. 7255 (11/19/2016). … Continue reading
Northampton County has published an administrative order setting forth conditions for written depositions of expert testimony in incapacity proceedings. “Presentation of Expert Testimony by Written Deposition to Support a Finding of Incapacity in Guardianship Hearings; Administrative Order 2016-01,” 46 Pa.B. 6826 … Continue reading
Northampton County has published an administrative order providing additional requirements for adoption petitions filed on or after September 1, 2016. “Additional Requirements for Adoptions Petitions; Administrative Order 2016-02,” 46 Pa.B. 6825 (Northampton Co. 10/29/2016). … Continue reading