Complaint for damages allegedly caused by the negligence of the decedent that was served on the decedent’s spouse and named the decedent’s spouse as personal representative of the decedent’s estate was void when the spouse was never appointed to be … Continue reading
Daniel Evans
As a convenience for our readers, we recently began including “(Pa. Super.)” in the titles of summaries of decisions of the Pa. Superior Court that are precedential and will be published in the Atlantic Reporter. Extending that practice, we will … Continue reading
The Treasury Department has published Rev. Proc. 2026-25, 2026-29 I.R.B. 45 (7/13/2026), which creates a new “safe harbor” under which taxpayers are not required to file gift tax returns for a calendar year if (a) the only taxable gifts made … Continue reading
Appellant’s claims against the estate for the decedent’s sales of his cars while he was incarcerated were barred by res judicata because he had unsuccessfully brought the same claims twice in federal court and were also barred by the two … Continue reading
The testimony of two doctors supported the conclusion of the Orphans’ Court that the decedent lacked testamentary capacity when she signed a will in 2012, and it was within the discretion of the court to place more weight on that … Continue reading
In an action for ejectment, a quitclaim deed from the administrator of an estate to himself and his daughter was prima facie evidence of their title to the property, and so shifted the burden to the defendant to show superior … Continue reading
At the hearing on preliminary objections, and in a letter to the Superior Court in lieu of a Pa. R.A.P. 1925 opinion, the Orphans’ Court stated that it was dismissing the appellant’s petition for failure to appear at the hearing … Continue reading
The Orphan’s Court denied the guardian’s petition to allow the incapacitated person to continue to qualify for Medicaid through a combination of an annuity and gifts, and the Superior Court affirmed. The guardian did not aver or produce evidence that … Continue reading
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
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