The Superior Court affirmed the upholding of objections of the personal representative of the estate of the deceased incapacitated person (the ward) to the account of the guardian, and the resulting surcharge of the guardian, on the following grounds: The … Continue reading
Daniel Evans
In the absence of a petition for guardianship or a petition in the orphans’ court to approve the actions of an agent under a power of attorney, the civil division of the court of common pleas had jurisdiction to determine … Continue reading
The Pennsylvania Supreme Court has adopted new rules of general application for ordering transcripts and for public access to court records, and these new rules should apply to proceedings in the Orphans’ Courts. For amended uniform rules governing court reporting … Continue reading
The Supreme Court has amended various rules in order to consolidate the procedures for waiving fees and costs (proceeding in forma pauperis) as a new Rule of Judicial Administration 1990, replacing Rule of Civil Procedure 240. Pa. R.O.C.P. 1.40 has … Continue reading
Because the decedent’s will directed his executors to arrange for his burial, the decision of the executor to exclude his brothers from the burial service prevailed over the wishes of his two brothers, even though they were the majority of … Continue reading
A distribution of a 98% interest in a real estate company by a living trust upon the death of the settlor is exempt from realty transfer tax in the same way that a transfer of a direct interest in real … Continue reading
The trustee, who was the grandson of the settlors, was properly convicted of theft by unlawful taking or disposition, theft by deception, theft by failure to make required disposition of funds received, and misapplication of entrusted property when he transferred … Continue reading
The Orphans’ Court may dismiss objections to the account of the personal representative of the estate when the objections were filed by a guardian and agent for the beneficiaries of the estate and the objectant had a conflict of interest … Continue reading
A litigant cannot complain about a lack of opportunity to conduct discovery when the litigant never petitioned the Orphans’ Court for leave to conduct discovery, as required by local rules. A motion for recusal is not timely when it is … Continue reading
The Pa. Department of State has published final regulations implementing the Revised Uniform Law on Notarial Acts, 57 Pa.C.S. Ch. 3. The regulations include a schedule of fees (4 Pa. Code § 161.1) and general regulations for notaries public (4 … Continue reading