The Supreme Court’s Committee on Rules of Evidence has published a proposed addition to the official comment to Pa.R.E. Rule 401 (“Test for Relevant Evidence”). The new comment would state that: “Generally, evidence of a person’s race, sex, gender identity … Continue reading
Daniel Evans
Pennsylvania’s filial support law (23 Pa.C.S. § 4603) applies to the New Jersey parents of an adult indigent son who was provided care in Pennsylvania. Melmark, Inc. v. Schutt, 78 MAP 2017 (Pa. 4/26/2019), rev’g 169 A.3d 638, 2017 PA … Continue reading
The administrator of an estate, who was not the sole beneficiary of the estate, cannot bring an action for medical malpractice “pro se” and without a lawyer. Deree J. Norman, Administrator v. Temple University Health System, 208 A.3d 1115, 2019 … Continue reading
When trust document specifically excluded son from discretionary distribution decisions for son’s trust, son may be appointed to serve as a trustee but may not be the sole trustee. It was proper for the corporate trustee who had been appointed … Continue reading
An agent abused her powers, and was ordered to return joint accounts to the estate, when she added the principal’s money to accounts that were in the joint names of her and the principal, knowing that the money would become … Continue reading
The Disciplinary Board of the Supreme Court has announced that, for the 2019-2020 Registration Year, the penalty for failing to complete registration by July 16 will be $200, with an additional $200 penalty for failing to complete registration by August … Continue reading
The Orphans’ Court may order a judicial sale of property under 20 Pa.C.S. 3353 over the objections of the holder of a mortgage lien and the lien will attach to the proceeds of sale. In re: Estate of Anna Marie … Continue reading
Failure to list property addresses in the schedule to an irrevocable trust was not sufficient evidence of fraud in the inducement to void the trust when the corporate owners of the properties were listed and were accurately valued, there being … Continue reading
Conservator appointed in California did not have authority to bind his conservatee to an arbitration agreement in Pennsylvania when the conservator did not follow the procedures to transfer or register the conservatorship under the Uniform Adult Guardianship and Protective Proceedings … Continue reading
The beneficiaries of a revocable trust have no standing to object to investments made by the trustee during the settlor’s lifetime to which the settlor consented and approved because the duties of the trustee were owed exclusively to the settlor. … Continue reading