I feel somewhat vindicated by a recent order of the Supreme Court, which confirms my opinion that In re Estate of Briskman, 808 A.2d 928, 2002 PA Super 287 (2002), was wrongly decided. In Briskman, the Superior Court found that … Continue reading
Daniel Evans
The Disciplinary Board of the Supreme Court of Pennsylvania has announced that, for the 2015-2016 attorney registration year, the fee for returned checks will be $100, and the non-waivable late penalty will be $150 for attorneys who fail to register … Continue reading
The executor of a deceased trustee’s estate has sufficient standing to survive preliminary objections to a petition requesting records of charitable trusts when the executor has alleged (a) that the deceased trustee may have been entitled to compensation from the … Continue reading
An order of an Orphans’ Court denying an injunction against a personal representative prohibiting a sale of real or personal property of the decedent is interlocutory and not a collateral order and so not subject to appeal. Estate of Virginia … Continue reading
Not sure why this was necessary, but the Pa. Department of Revenue has issued a bulletin confirming that same-sex marriages will be recognized for inheritance tax and realty transfer tax purposes following the decision in Whitewood v. Wolf, 992 F. … Continue reading
One co-executor surcharged for legal fees paid to defend criminal harassment charge by beneficiary; another executor surcharged for payment of invoices for work supposedly done by the executor during decedent’s lifetime when there was a lack of credible evidence that … Continue reading
The Orphans’ Court refused to enter a judgment on an arbitration award when the petitioner failed to identify the arbitrator, the date and place of the arbitration hearing, and the details of the notice or service used to establish jurisdiction … Continue reading
Orphans’ Court had no in personam (personal) jurisdiction over administrator of Virginia estate who resided in New Jersey, and the court could not order the distribution of assets of the Virginia estate to the personal representative of a Pennsylvania beneficiary. … Continue reading
Orphans’ Court has subject matter jurisdiction over claim by the personal representative of of the estate of a nonresident decedent to real estate in Pennsylvania, and dismissal of petition could not be sustained as a demurrer when petitioner had no … Continue reading
Previously overlooked: The report of the Supreme Court’s Elder Law Task Force was released in November 2014. The press release announcing the report, titled “Elder Law Task Force delivers report with recommendations to aid Supreme Court in protecting elders from … Continue reading