The execution of a post-nuptial agreement as part of the divorce proceedings was an effective waiver of the right of the surviving spouse to a joint-and-survivor pension annuity, and that waiver can be enforced against the surviving spouse despite failure … Continue reading
Daniel Evans
Cumberland County has issued an administrative order appointing the Clerk of the Orphans’ Court as the designee to fulfill the requirements of Pa. O.C. Rule 14.8(d), (e), and (f) and monitor and review all guardianship reports. “Guardianship Tracking System; 96-1335” … Continue reading
Philadelphia has adopted new local O.C. Rules 1.8(c) (forms), 14.1A (guardianship petition practice and pleading), and 14.2A (petition for adjudication of incapacity), 14.6A (determination of incapacity and selection of guardian; hearing date), and 14.8A (guardianship reporting, monitoring, review, and compliance), … Continue reading
Dauphin County has adopted new local O.C. Rules 14.1(c.1) (post adjudication petitions) and 14.2 (proof of service) for guardianship proceedings, to be effective June 1, 2019. “Promulgation of Local Rules; No. 1793 S 1989” (Dauphin Co. 4/18/2019), 49 Pa.B. 2489 … Continue reading
Judge Tunnell of Chester County addressed a number of interesting and practical issues in his adjudication in Griggs Revocable Trust, 9 Fid.Rep.3d 85 (Chester O.C. 2019), including whether a trustee who has resigned (or been removed) can delay transferring trust...
Bucks County has vacated Bucks Co. O.C. Rules 14.2A through 14.5I and and adopted Rules 14.2A (Notice of Mental Health Commitment), 14.2B (Withdrawal of Petition), and 14.9A (Allowances), all relating to guardianships. “Order Rescinding Orphans’ Court Rules 14.2A through 14.5I … Continue reading
There have been attempts from time to time in the Pennsylvania House of Representatives to repeal the Pennsylvania inheritance tax, but those attempts have always died in the Senate. It is therefore noteworthy that a bill to repeal the inheritance … Continue reading
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
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