The Orphans’ Court had jurisdiction to consider the probate of a lost will after letters of administration had been issued to the decedent’s daughter, and even though the Register of Wills had never acted on a petition to probate the … Continue reading
Daniel Evans
The tax clause in the will directed that the estate and inheritance taxes payable “with respect to property or interests passing my will” were to be paid from the residue without apportionment, and so under 72 P.S. § 9144(f), the … Continue reading
The PA Supreme Court has allowed an appeal on the following issue (as stated by the petitioner): “Where a non-party to a partnership agreement is not a signatory to the agreement and is not a third-party beneficiary of it and … Continue reading
The Supreme Court has reversed the Superior Court and ruled that when a trust is created by an agent acting under a power of attorney that is void ab initio, the trust is also void. In re: Joseph L. Koepfinger, … Continue reading
The trustee was properly removed for commingling trust assets with his own, failing to make distributions in accordance with the trust instrument, and making distributions to himself without the approval of a disinterested trustee as required by the trust instrument. … Continue reading
A claimant born during the marriage of the decedent and the person’s mother, and “held out” by the decedent as a child of the decedent, was nevertheless not an “issue” entitled to an intestate share of the decedent’s estate when … Continue reading
The Orphans’ Court Procedural Rules Committee has proposed amendments to Pa.R.O.C.P. Ch. 15, “Adoptions,” to comply with the federal Indian Child Welfare Act and its regulations. “Proposed Amendment of Pa.R.O.C.P. 15.2, 15.3, 15.7, 15.8, 15.9, 15.10, and 15.13,” 53 Pa.B. … Continue reading
The sister of the decedent, who was the decedent’s sole intestate heir but whose only interest under the previous will of the decedent (from 1987) was as an executor, had no standing to appeal from the probate of the decedent’s … Continue reading
The Appellate Court Procedural Rules Committee has proposed changes to the Rules of Appellate Procedure that would require the notice of appeal in an appeal from the Orphans’ Court to specifically state that it is an Orphans’ Court appeal, which … Continue reading
On remand from the Supreme Court, the Superior Court has held that, even if the settlor and beneficiaries could modify an irrevocable trust to allow the beneficiaries to remove and replace trustees, the modification might still be void for undue … Continue reading