The executor of an estate, who had experience as a professional bookkeeper, was liable for the misappropriation of funds by her attorney because she failed to act as a prudent person would, allowing the attorney to have access to bank … Continue reading
Daniel Evans
The contestant to a will had probable cause to challenge the validity of the will, based on her personal knowledge of the testator’s health issues and the dramatic change the testator made in her last will, and so the contestant … Continue reading
A trust for pets is subject to inheritance tax at the rate of 15%. King Estate, 8 Fid.Rep.3d 145 (Chester Co. O.C. 2018). (For a contrary result, see Schrock Estate, 6 Fid.Rep.3d 199 (Westmoreland Co. O.C. 2015). … Continue reading
The Orphans’ Court Procedural Rules Committee has proposed several amendments to Pa. O.C. Rules, including the following substantive changes: The explanatory comment to Rule 1.7 will be changed to exclude withdrawals of appearances before the Register of Wills from the … Continue reading
The father of the decedent did not forfeit his intestate share of his deceased son’s estate because the adult son was unable to walk, but was not mentally impaired or unable to care for himself, and so was not a … Continue reading
The Supreme Court has entered an order with attached amendments to Pa.O.C. Rule 1.99 and the notes to various other rules to change all references to the public access policy from “Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of … Continue reading
The Supreme Court has entered an order with attached new Pa.O.C. Rules 14.1 through 14.14 and amendments to Rules 1.5 and 5.10 through 5.12, new Orphans’ Court Forms G-01 through G-04, and an explanatory report of the Orphans’ Court Procedural Rules Committee. … Continue reading
The rules of construction for lapsed legacies which are found at 20 Pa.C.S. § 2514(9), (10), and (11) apply only to individuals and so are not relevant to the cy pres doctrine, which the Orphans’ Court properly applied in directing … Continue reading
Philadelphia has updated its public access rules to reflect amendments to the statewide public access policy. “Amendment of Phila.R.J.A. Nos. *401, *402 and *403; No. 02 of 2017” (Philadelphia Co. 5/10/2018), 48 Pa.B. 3078 (5/26/2018). … Continue reading
Butler County has issued an administrative order restricting public access to indices of the Register of Wills and Clerk of the Orphans’ Court. “Register of Wills—Clerk of the Orphans’ Court, Public Access; MsD 1 of 2018” (Butler Co. 5/2/2018), 48 … Continue reading