I received some emails recently from someone who was very unhappy that a court was not allowing him to represent a family member in court, even though he had a power of attorney authorizing him to “pursue claims and litigation” … Continue reading
Daniel Evans
There is what seems like an unnoticed provision of Chapter 76 of the Probate, Estates and Fiduciaries Code that is inconsistent with other provisions of Chapter 76 and could invalidate what would otherwise appear to be a natural and valid...
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As previously reported, the Supreme Court Orphans’ Court Procedural Rules Committee has published a draft of a new Pa.O.C. Rule 5.50 that it intends to propose to the Supreme Court to specify the contents of a petition to settle a … Continue reading
Berks County has amended local Orphans’ Court Rules 2.5A, 2.7A, 14.1A, 14.3A, 14.4A, 14.8A, and 14.8B, and adopted new Rules 2.6A, 2.6B, and 2.6C. “Amendments to Local Rules; No. 19-1 Prothonotary” (Berks Co. 1/17/2019), 49 Pa.B. 616 (2/9/2019). … Continue reading
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
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