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Daniel Evans
The Orphans’ Court Procedural Rules Committee has published a new proposal for a rule for Registers of Wills for the disclosure of the digital assets of a decedent to the personal representative of the decedent’s estate in accordance with 20 … Continue reading
Trustee was not in contempt for preparing and filing an account that did not comply with the Rules of Orphans’ Court Procedure, but a surcharge was imposed “to uphold the authority of the Court,” although the fees of the CPA … Continue reading
The settlor of an irrevocable trust, who retained no interests in the trust, did not have standing to participate in proceedings regarding the account filed by, and possible removal of, the trustee, and the decision upholding preliminary objections to dismiss … Continue reading
Provision of will directing that the shares of beneficiaries receiving governmental “need-based benefits” shall instead be paid to any existing “special needs trust” for the beneficiary or, if there is no trust, the share shall lapse and be distributed as … Continue reading
Erie County has adopted new Orphans’ Court rules, to be effective 30 days after publication in the Pa. Bulletin, and superseding all previous rules. “Order Adopting Orphans’ Court Rules; Doc. No. 360 of 2022,” 52 Pa.B. 7366 (12/3/2022). … Continue reading
Washington County has adopted new local Orphans’ Court rules relating to the records and files of the court. “Adoption of Local Rules of Orphans’ Court Procedure L-O.C. Rule 1.41 and L-O.C. Rule 15.21; No. 2022-1,” 52 Pa.B. 7269 (11/26/2022). … Continue reading
Orphans’ Court had jurisdiction to clarify its own order despite lapse of time, and had jurisdiction over retirement funds which had been liquidated, and so its order enforcing settlement of estate and distribution of retirement funds was affirmed, along with … Continue reading
Testamentary gifts to step-grandchildren that were conditioned upon their grandmother (the decedent’s wife) not electing against the will and not recovering assets “in our divorce after my death” were ineffective by reason of a final decree of divorce (and equitable … Continue reading
Small estate petition dismissed for failure to include a statement that the Pennsylvania inheritance tax return had been filed and the tax paid and failure to include a copy of a notice of appraisement, as required by Pa.R.O.C.P. 5.50(b)(5) and … Continue reading