All compensation denied to an executor who was unsuccessful in selling the decedent’s mobile home, allowed the estate’s bank account to be embezzled by her attorney, allowed specifically bequeathed property to be sold and then turned over the proceeds of … Continue reading
Daniel Evans
The decision of the Superior Court in Passarelli Family Trust, 2017 PA Super 366 (11/16/2017), which reversed the Orphans’ Court decision published at 7 Fid.Rep.3d 63 (O.C. Chester Co. 2016), has been withdrawn and the case will scheduled for reargument en banc. 3150 EDA … Continue reading
Woman who had been diagnosed with Alzheimer’s nine years before, and whose mental capacity had continued to decline, was adjudicated incapacitated and the two daughters who had helped to take care of her and her husband before his death were … Continue reading
Co-trustees of a trust cannot obtain a surcharge against a third trustee for failing to arrange for the payment of a premium on a life insurance policy when there was no clear evidence of a delegation to the third trustee. … Continue reading
Funds which had been donated to a Philadelphia social organization that promoted gymnastics was awarded under the cy pres doctrine to a similar national organization, to be used to benefit and promote gymnastics and physical education in the Philadelphia area … Continue reading
The Supreme Court has published an updated list of the financial institutions which are “eligible institutions” in which lawyers may deposit funds held by the lawyer as a personal representative, guardian, conservator, receiver, trustee, agent under a durable power of … Continue reading
[This article is adapted from course materials originally published as “‘Til Debt Do Us Part” as part of the May 2010 Annual Meeting of the Real Property, Probate and Trust Law Section of the Pennsylvania Bar Association.] Insolvent estates seem...
The Orphans’ Court Procedural Rules Committee has proposed amendments to O.C. Rules 1.8 and 10.1 in order to allow the filing of forms with the Orphans’ Courts and Registers of Wills that are “identical in content and sequential ordering” as … Continue reading
Cumberland County has adopted a public access rule to comply with Section 7 of the Public Access Policy of the Unified Judicial System of Pennsylvania, which applies to the Clerks of the Orphans’ Courts. (See “Public Access Compliance Policy for … Continue reading
The Orphans’ Court Procedural Rules Committee has proposed removing the Estate Information Form, RW-01 (REV-346) from the index and appendix of Register of Wills forms. The report of the committee states that the form is a Department of Revenue form … Continue reading