The Orphans’ Court improperly excluded documentary evidence of the birth records of claimants to the estate, and could not exclude the testimony of a genealogical witness to be paid on a contingent fee for a violation of the Rules of … Continue reading
Daniel Evans
The Pennsylvania Lawyers Fund for Client Security has proposed amendments to the Rules of Disciplinary Enforcement relating to the Fund. It is stated that the majority of the amendments are “administrative in nature, or memorialize the existing practice.” “Proposed Amendments … Continue reading
The Administrative Office of Pennsylvania Courts has revised and republished the list of applicable authorities that restrict public access to court records. “Case Records Public Access Policy of the Unified Judicial System of Pennsylvania,” 49 Pa.B. 4544 (8/17/19). The revisions … Continue reading
In two separate orders, Delaware County has adopted several new local Orphans’ Court rules addressing guardianships, cemetery companies, and settlement of small estates. “Local Orphans’ Court Rules Nos. 14.2—14.13; Guardianships; Orphans’ Court No. 497-19; Judicial Support Civil No. 17-5120” (Delaware … Continue reading
When a trust owns an annuity contract making annual payments, the estate of a beneficiary who dies after the annual payment date but before the distribution of the payment is entitled to the deceased beneficiary’s share of the annuity payment, … Continue reading
Petition to seal proceedings to allocate settlement between wrongful death and survival actions was denied in the absence of a showing that disclosure would work a clearly defined and serious injury to the parties, who only alleged that the “substantial … Continue reading
The court refused to stay its review of the account of the trustees (based on in rem jurisdiction) while an action against the same trustees for tortious conduct in the administration of the trust (based on personal jurisdiction) was pending … Continue reading
The court exercised its discretion to summarily remove both co-administrators when both had filed pleadings to remove the other, finding that an evidentiary hearing would result in delay as well as unnecessary fees and expenses, and that the discord was … Continue reading
It was an abuse of discretion and a denial of due process to deny a hearing on whether the contestant to a will had probable cause to challenge the validity of the will when the probate appeal was dismissed on … Continue reading
A new calculation for the valuation of promissory notes has been added to Webcalculators, the overview for which is below: … Continue reading