York County has adopted a new local rule of Orphans’ Court Procedure 5.50.1, “Settlement of Small Estate by Petition.” “Adoption of Local Rule of Orphans’ Court Procedure 5.50.1; 6725-1448” (7/18/2025), 55 Pa.B. 5108 (8/2/2025). … Continue reading
Daniel Evans
Schuylkill County has adopted a new Sch.R.C.P. 2064 for the compromise, settlement, discontinuance, or distribution in an action involving an incapacitated person. “Administrative Order; No. S-1580-25” (7/9/2025), 55 Pa.B. 4971 (7/26/2025). … Continue reading
An appeal of the appointment of a plenary guardian for an alleged incapacitated person (AIP) is generally moot following the death of the AIP, and the exception for appeals raising issues of public importance or that would otherwise evade review … Continue reading
I’ve seen and heard many questions from lawyers over the years who are representing personal representatives (i.e., executors or administrators) of an estate and who are not certain about what to do do when there has been no notice of...
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An interim order, entered with the consent of the husband and wife during a divorce proceeding, that awarded real property owned by the husband and wife as tenants by the entireties to the husband, was an enforceable marital settlement agreement … Continue reading
It was not an abuse of discretion or error of law for the Orphans’ Court to continue the appointment of a plenary guardian for the incapacitated person when there was uncontradicted testimony at the review hearing that the incapacitated person … Continue reading
H.R. 1, previously known as the “One Big Beautiful Bill,” was passed by both houses of Congress and was signed into law on July 4, becoming P.L. 119-21. Section 70106 of the act changes the provision that had doubled the … Continue reading
It was not error for the Orphans’ Court to enter an order enforcing the recommendations of a mediator when the parties had agreed to “binding mediation” and the agreed-upon mediator had consulted with both parties, even though the mediator never … Continue reading
The confirmation of an agent’s account by the Orphans’ Court was an error of law, was an abuse of discretion, and was unsupported by the record when the agent for the deceased principal filed an account that showed the same … Continue reading
The testator’s direction that his estate “be equally divided among” his siblings did not evidence an intent to override the anti-lapse statute, 20 Pa.C.S. § 2514(9). However, the Orphans’ Court erred in holding that the distributions to the issues of … Continue reading