When the will unambiguously left the testator’s estate to his four children in equal shares, it was error for the court to interpret the will to treat gifts made by the testator’s agent after the execution of the will as … Continue reading
Daniel Evans
Bedford County has entered an administrative order designating a “Guardianship Compliance Officer” to be responsible for enforcing the filing of inventories and reports in accordance with Pa. O.C. Rule 14.8(f). “Guardianship Compliance Officer; No. AD 1 for the Year 2019” … Continue reading
The Supreme Court Orphans’ Court Procedural Rules Committee is planning to propose a new Pa.O.C. Rule 5.50 to specify the contents of a petition to settle a small estate in accordance with 20 Pa.C.S. § 3102. Any comments on the … Continue reading
The denial of a petition for an agent to account is a final order which is appealable as of right. Although the petitioner was an intestate heir of the principal, she did not have standing to demand an accounting by … Continue reading
Trust document was interpreted to give grandchildren all of the trust income following their mother’s death, even though document provided for shares of income to other persons who predeceased the mother and directed that upon the death of an income … Continue reading
The following chart shows the status of legislation introduced in the 2017-2018 session of the Pennsylvania legislature that might be of interest to estate and trust practitioners. Click on the bill number to see the history or text of the … Continue reading
The Supreme Court has granted certiorari in the appeal of the North Carolina Department of Revenue in North Carolina Department of Revenue v. Kimberley Rice Kaestner 1992 Family Trust, 814 S.E.2d 43 (N.C. 2018), No. 18-457 (U.S.S.C. 1/11/2018). The North … Continue reading
The court was not required to accept the option of a psychologist as to incapacity when the psychologist administered a single test and did not examine medical records, the alleged incapacitated person appeared in court and provided lucid and compelling … Continue reading
Large transfers shortly before the death of the decedent into joint accounts with the decedent’s daughter, arranged by the daughter while the decedent was gravely ill, could not have been an intentional act of the decedent, and was the product … Continue reading
Testamentary gift to disbanded volunteer ambulance association was awarded under the cy pres doctrine to a volunteer fire department providing first responder services to the same community. Estate of Kendell B. Cramer, Deceased, 8 Fid.Rep.3d 315 (O.C. Monroe Co. 2018) … Continue reading