An allegation that the decedent wanted to “discuss” adding the plaintiffs to his will or making gifts to them is not sufficient to state a cause of action for intentional interference with an inheritance, and there is no cause of … Continue reading
Daniel Evans
It is proper for a court to enforce a prior settlement order against an insurance company for a wrongful death and survival action, even though the settlement amount exceeds the policy limits, when the initial release was prepared by the … Continue reading
Although the trustee had the discretion to deny requested withdrawals by the beneficiary if in the opinion of the trustee the beneficiary is suffering from a disability that renders him unable to manage his own affairs, the trustee failed to … Continue reading
There was evidence of donative intent by the decedent to give her former son-in-law $500,000, but not $1,000,000, so the transfer of $1,000,000 by the decedent was a partial gift, but the gift was invalid because of the presumption of … Continue reading
In a challenge to the validity of a deed executed seven months before the death of the decedent, the petitioner did not provide clear and convincing evidence of lack of capacity or weakened intellect when witnesses provided conflicting accounts of … Continue reading
Without first publishing a proposed amendment for public comment, the Supreme Court of Pennsylvania has adopted an amendment to Rule of Professional Conduct 8.4(g), which was adopted in 2020 to make it professional misconduct for a lawyer to “knowingly manifest … Continue reading
The Supreme Court has adopted new Orphans’ Court rules for adoption proceedings. “Order Amending Rule 1.5 and Rescinding and Replacing Rules 15.1 through 15.9 of the Pennsylvania Orphans’ Court Rules, Pennsylvania Orphans’ Court Forms 15.6, 15.8 and 15.9, and Paragraph … Continue reading
Bucks County has rescinded local Orphans’ Court Rule 4.7A, effective immediately. According to the order, a new rule must be promulgated before the Clerk may implement any electronic filing system. “Rescission of Orphans’ Court Rule 4.7A” (6/28/2021), 51 Pa.B. 3732 … Continue reading
In a non-precedential decision, the Superior Court has affirmed that tangible personal property (wine collection, paintings, and lawn equipment) acquired during the marriage for the use of both spouses may be considered to be held as tenants by the entireties … Continue reading