The current beneficiary and individual cotrustee of a trust holding a partial interest in a family farm, had petitioned the Orphans’ Court to allow him to file a partition action without the consent or joinder of the institutional cotrustee. The … Continue reading
Daniel Evans
An extension of an involuntary commitment under section 303 of the Mental Health Procedures Act, 50 Pa.C.S. 7303, requires clear and convincing evidence that the person is a danger to herself and others. The commitment order is not moot and … Continue reading
A judgment declaring a power of attorney to be invalid and ordering the purported agent to return property to the estate of the decedent is a final appealable order, but the appeal will be dismissed when the record on appeal … Continue reading
Husband filed for divorce and died after grounds for divorce were established, so equitable division of marital property was determined in accordance with the Divorce Code. The husband had initiated the divorce proceedings and participated in the proceedings for nearly … Continue reading
The Orphans’ Court denied the objections to the executor’s account based upon the testimony of the executor which the court found to be credible, and the court did not find the testimony of the objectant and the objectant’s son to … Continue reading
The Orphans’ Court properly entered a judgment on the pleadings denying a petition to change the beneficiaries of the decedent’s individual retirement account (IRA) when the decedent did not comply with the change of beneficiary procedures required by the custodian … Continue reading
The Pa. Rules of Appellate Procedure have been amended to define “Orphans’ Court appeal,” provide a new rule for determining the date on which Orphans’ Court orders have been entered, and require that the notice of appeal from the Orphans’ … Continue reading
The appointment of a “guardian ad litem” to manage the financial affairs and make medical decisions for the alleged incapacitated person was vacated when three years had elapsed from the initial petition, there was no record of any notice to … Continue reading
It was proper for the Orphans’ Court to approve the sale of the decedent’s residence to a third party for $150,000 rather than allow the heir who occupied the property to purchase her half of the property in monthly installments … Continue reading
The Internal Revenue Service has published final regulations to address some of the changes to the required minimum distribution rules under the amendments to section 401(a)(9) made by sections 114 and 401 of the Setting Every Community Up for Retirement … Continue reading