An appeal of a denial of legal fees is not an interlocutory appeal but an appeal allowable under Pa.R.A.P. 342(a)(5) because it is a determination of whether the petitioner is a creditor of the incapacitated person’s estate. However, a determination … Continue reading
Daniel Evans
York County has adopted new or amended local rules for guardianship petitions, effective August 1, 2026. “Adoption of Local Rules of Orphans’ Court Procedure; 6726-1315 AO” (6/233/2026), 56 Pa.B. 3856 (7/4/2026). … Continue reading
Monroe County has adopted a new local rule, Monroe Co. R.O.C. 4.7, for permissible electronic filing in the Orphans’ Court, effective thirty days after publication. “Local Rule of Orphans’ Court 4.7—Permissible e-File; 7 AD 2026; 5 CV 2026” (6/15/2026), 56 … Continue reading
A lawyer will sometimes get a call or email from the agent acting under a client’s durable general power of attorney with questions about the client’s estate plan. The lawyer continues to owe a duty of confidentiality to the client...
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Objections to an account were waived when they were not included in written objections filed in accordance with Pa. R.O.C.P. 2.7 and no request was made to amend the objections that were filed. The objections that were filed and were … Continue reading
One of the major goals of the Pennsylvania Uniform Trust Act (Act of July 7, 2006, No. 98 of 2006) was to conform the laws relating to revocable trusts to the laws relating to wills and decedent’s estates. The chart below...
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In a previous article, it was suggested that the new limitation on itemized deductions, reducing itemized deductions by 2/37ths of the amount by the amount by which taxable income is subject to tax at the maximum 37% rate, should not...
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The refusal of the Orphans’ Court to approve a “spend-down plan” to allow the incapacitated person to qualify for Medicaid by spending principal on a burial fund and making gifts was not an abuse of discretion or an error of … Continue reading
The notice of audit of the executor’s account that was sent to the decedent’s grandchildren and other beneficiaries stated that objections must be filed 20 days before the audit date, but the grandchildren received a copy of the decree setting … Continue reading
The Orphans’ Court Procedural Rules Committee has published proposed amendments for the appointment of guardians ad litem when there is a conflict between the legal interests and best interests of an incapacitated person. (The comments to the proposed rule explain … Continue reading