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
Daniel Evans
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
The recent decision of the Supreme Court In re: Estate of William K. McAleer, 248 A.3d 416, ___ Pa. ____ (4/7/2021), is being widely discussed in the context of the extent to which the opinions and time records of the...
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Bucks County has rescinded local Orphans’ Court Rule 4.7A, effective immediately.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In a non-precedential decision, the Superior Court has affirmed that tangible personal property (wine collection, paintings, and lawn equipment) acquired during the marriage for the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
On June 21, 2021, the Supreme Court entered an order declaring an end to the statewide judicial emergency, and directing that the operation of the Unified Judicial System return to pre-pandemic states as of July 6, 2021. “General Statewide Judicial … Continue reading
On June 10, 2021, the Supreme Court entered an order amending Pa. O.C. Rule 1.1 to change the name of the rules from “Pennsylvania Orphans’ Court Rules” to “Pennsylvania Rules of Orphans’ Court Procedure” (“Pa.R.O.C.P.”), effective October 1, 2021. According … Continue reading
A previous judge had found that the termination fee claimed by the corporate trustee was reasonable, and a hearing on the issue was not required, so the current court was bound by that earlier decree under the coordinate jurisdiction rule. … Continue reading