The death of the trustee during the appeal of her removal made the appeal moot. The order of the court prohibiting other persons from transferring or dissipating assets was an injunction issued sua sponte and was an abuse of discretion … Continue reading
Daniel Evans
Washington County has adopted a new local rule for electronic filing in the Orphans’ Court. “Approval and Adoption of Local Rule of Orphans’ Court Procedure L-O.C. 4.7; No. 2024-1” (5/3/2024), 54 Pa.B. 2768 (5/18/2024). … Continue reading
It was reversible error for the Orphans’ Court to adopt the report of the auditor of the account of the guardian of the estate of the decedent without first giving the parties notice of the filing of the report, as … Continue reading
The power of the decedent’s agent to “engage in banking and financial transactions” included the power to liquidate certificates of deposit that were “Totten trusts” with beneficiary designations in favor of the appellant, and the appellant failed to adequately develop … Continue reading
The Standing Committee on Ethics and Professional Responsibility of the American Bar Association has published Formal Opinion 511 (5/8/2024), which concludes that ABA Model Rule of Professional Conduct 1.6 (on confidentiality) prohibits a lawyer from posting questions or comments on … Continue reading
The Supreme Court has amended Pa.R.O.C.P. 5.50, “Settlement of Small Estates by Petition,” to accommodate situations in which the original will has been lodged with the Register or a copy of a will is being admitted to probate, and situations in … Continue reading
The decedent’s former wife and her sister had lent large amounts of money to the decedent for his support, and there were written communications sufficient to show an oral contract for enforceable claims against the decedent which were not barred … Continue reading
The Orphans’ Court awarded legal fees to an executor against a beneficiary who had impeded the executor in his attempts to recover property of the decedent in the possession of the beneficiary, but the court allowed only about ten percent … Continue reading
A photocopy of an alleged contract between a husband and wife not to change their wills was properly ruled to be inadmissable as evidence under the “best evidence rule” of Pa.R.E. 1002 because there was a “genuine issue” as to … Continue reading