That the decedent was named as the father of the claimant on her birth certificate, together with testimony that the decedent “held out” the claimant as his daughter by allowing her to reside with him when she was a child, … Continue reading
Daniel Evans
A person who has been adjudicated incapacitated is presumed to lack testamentary capacity and the burden is on the proponent of the will to provide clear and convincing evidence of testamentary capacity, or at least a lucid interval. Testimony of … Continue reading
Under the Pa. Structured Settlement Protection Act, 40 P.S. §§ 4001-4009, courts are required to supervise all aspects of settlements in which a minor is a party in interest, and an assignment of annuities issued as part of a structured … Continue reading
York County has adopted new local Orphans’ Court rules. “Adoption of Local Rules of Orphans’ Court Procedure; 6721-0305” (4/19/2021), 51 Pa.B. 2488 (5/8/2021). … Continue reading
An award from the 9/11 Victim Compensation Fund was not payable to the surviving spouse, despite the language of 20 Pa.C.S. § 2102(2), because it was not payable under the act specified in that section, the Air Transportation Safety and … Continue reading
The compensation of a lawyer who served as administrator of the estate, submitted a fee agreement to beneficiaries specifying compensation at an hourly rate, and kept hourly time records with specific descriptions of work was nevertheless reduced by more than … Continue reading
The court that approved the original settlement of the litigation for a minor’s injuries had jurisdiction to issue an order under Pa.R.C.P. 213.1 to consolidate actions in other counties approving the sale of annuities held for the benefit of the … Continue reading
Partial summary judgment was granted on the “substantial benefit” element of undue influence when the contested will left the entire estate to the proponent of the will (who was also the mother’s caretaker) despite the proponent’s claim that the additional … Continue reading
At the recommendation of the Real Property, Probate and Trust Law Section of the Pennsylvania Bar Association, the PBA Board of Governors has voted to oppose the adoption of Pa.O.C. Rule 10.7 that had been proposed by the Supreme Court … Continue reading
Crawford County has rescinded all of its local Orphans’ Court rules on adoption. “Rescission of Local Rules Concerning Adoption Procedures; No. O.C. 2021-26,” (3/10/2021), 51 Pa.B. 2380 (5/1/2021). … Continue reading