The co-guardians for an incapacitated person disagreed on the advisability of COVID vaccinations, and the court approved the vaccinations over the objections of the one of the guardians. A.C.G., an Incapacitated Person, 11 Fid.Rep.3d 303 (Chester O.C. 2021). … Continue reading
Daniel Evans
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The decedent’s attorney testified that he had administered a “Mini-Mental Status Exam” to the decedent and that the decedent was “sharp” and “understood what he was doing” when he signed his fourth will providing increasing gifts to his long-time companion, … Continue reading
When the will directed that personal property should be distributed among the beneficiaries as they may agree, or shall be converted to cash if they are unable to agree, and the beneficiaries are unable to agree, the court ordered the … Continue reading
Motion for protective order was granted, and the deposition of the objector was denied, in order to avoid unnecessary delays and protect the beneficiary of the estate from additional attorney fees and litigation costs. Logue Estate, 11 Fid.Rep.3d 273 (Lycoming … Continue reading
The Supreme Court has amended Pa.R.O.C.P. 1.99 to require the use of “confidential information forms” (and not the filing of redacted documents) to comply with the public access policy in the Orphans’ Court. As explained in the adoption report of … Continue reading
The Supreme Court has approved a number of clarifying amendments to the Electronic Case Record Public Access Policy of the Unified Judicial System of Pennsylvania, some of which will explicitly bring the clerk of the Orphans’ Court and the Guardianship … Continue reading
The Orphans’ Court Procedural Rules Committee has proposed a new Pa.R.O.C.P. 1.20 that would allow the Orphans’ Court to conduct proceedings using “advanced communication technology,” which is defined as “any communication technology providing for two-way simultaneous communication of image and … Continue reading
The Superior Court affirmed a decision of the Orphans’ Court holding that a trust modification that allowed the beneficiaries to remove and replace trustees was ineffective even with the consent of the settlor. Garrison Trusts, 10 Fid.Rep.3d 189 (Montgomery O.C. … Continue reading
The Internal Revenue Service has released Rev. Proc. 2021-45 with inflation adjustments for 2022 and, consistent with earlier predictions, the changes in the most significant federal estate and trust planning numbers will be as follows: The base applicable exclusion amount (and generation-skipping tax … Continue reading