It was not previously reported here, but in late 2024 the Supreme Court amended the Rules of Professional Conduct to update many of the rules relating to lawyer publicity and advertising. A change that might be particularly relevant to estate … Continue reading
Daniel Evans
The Supreme Court has reaccredited the National Elder Law Foundation as a certifying organization for elder law for a period of five years. “Reaccreditation of the National Elder Law Foundation as a Certifying Organization for Elder Law; No. 255 Disciplinary … Continue reading
The word “situs,” from the Latin for “position” or “location,” is often used in connection with three different issues: which state’s courts have jurisdiction over the administration of the trust, which state’s laws govern the interpretation or administration of the...
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Cumberland County has adopted a new local rule for discovery in its Orphans’ Court, as well as other local rules for civil actions, and custody and divorce proceedings. “Local Rules; Civil Term; 96-1335 Civil” (1/22/2025), 55 Pa.B. 904 (2/1/2025); “Local … Continue reading
In an appeal of a will contest alleging forgery, the appellant waived objections to the propriety of the Orphans’ Court relying on samples of the decedent’s signature that were not formally moved into or admitted into evidence because the court … Continue reading
The Orphans’ Court found that the witnesses who testified to the decedent’s signature on the disputed will were credible, and that factual finding was binding on the appellate court. The finding by the Orphans’ Court that the appellant had knowingly … Continue reading
The “testamentary exception” to the attorney-client privilege would allow the admission of evidence of communications between the decedent and his lawyer in order to carry out the testamentary intentions of the decedent, but the exception will not be extended to … Continue reading
The following chart shows the status of legislation introduced in the 2023-2024 session of the Pennsylvania legislature that might be of interest to estate and trust practitioners. Click on the bill number to see the history or text of the … Continue reading
York County has published new fee schedules for its Register of Wills and Clerk of the Orphans’ Court. “Fee Bill for the Office of the Register of Wills; No. 6724-8888” (12/17/2024), 55 Pa.B. 23 (1/4/2025); “Fee Bill for the Office … Continue reading
It was proper for the Orphans’ Court to dismiss objections to an account of an executor for amounts paid to the executor for legal fees incurred in defending the executor against claims asserted against the executor as agent under the … Continue reading