Warren and Forest Counties have adopted new local Orphans’ Court rules, to be effective 30 days after publication in the Pennsylvania Bulletin. “Local Orphans’ Court Rules; Misc. No. 48 of 2021,” (Warren and Forest Cos. 8/25/2021), 51 Pa.B. 5823 (8/11/2021). … Continue reading
Daniel Evans
Letter and other documents signed by decedent showed his intent to change the ownership and beneficiary designation of a life insurance policy owned by his insurance trust and was “substantial compliance” with policy requirement that changes be made on insurance … Continue reading
The Orphans’ Court did not have mandatory jurisdiction in a dispute over the beneficiary designation of a decedent’s interest in a nonqualified employee benefit plan, and the court declined to exercise permissive jurisdiction when the plan provided for jurisdiction in … Continue reading
Daughter who lived with decedent and cared for her received substantial benefits under a 2006 will and 2014 codicil. Despite medical evidence to the contrary, the court determined that the decedent did not suffer from a weakened intellect in 2006, … Continue reading
Surviving spouse did not meet her burden of proving that full and fair disclosure of assets was not made in the schedules included in the prenuptial agreement, and her testimony that she did not see the entire agreement before signing … Continue reading
On an appeal from an order of the Department of Revenue Board of Appeals, the court reversed the decision of the board and found that the funds in the revocable trust of the decedent were for the “sole use” of … Continue reading
In allocating a settlement for improper distributions from a trust between income and principal, the court determined the amount of income that would have been earned by the trust by looking at the income earned by a similar trust created … Continue reading
Daughter’s request for reimbursement for legal fees and costs incurred in guardianship proceedings for her incapacitated father was denied because the daughter did not create new funds for her father or “provide a similar special service,” and an incapacitated person’s … Continue reading
Will provided for the residue to pass in equal shares to the two grandchildren and, if a grandchild was under the age of 25, his or her share was to be held in trust until age 25 or, if incapacitated, … Continue reading
The Orphans’ Court Procedural Rules Committee is considering amendments to a number of Orphans’ Court rules to change references to “master” to “hearing officer.” The purpose of the amendments is to eliminate a term that has “a perjorative connotation” in … Continue reading