Court does not have jurisdiction to enforce a family settlement agreement that settled an estate within the jurisdiction of a different county. Robinson v. Robinson, 7 Fid.Rep.3d 69 (O.C. Cumberland Co. 2016). … Continue reading
Daniel Evans
An irrevocable trust created by a husband and wife will be voided for fraud upon the petition of the wife when the wife was not involved in the planning of the trust or the selection of marital assets to be … Continue reading
The court lacks jurisdiction to determine incapacity when Pennsylvania is not the “home state” of the incapacitated person under the Uniform Adult Guardian and Protective Proceedings Jurisdictional Act (20 Pa.C.S. 5901 et seq.) and an agent under a power of … Continue reading
A change to an incapacitated person’s will was approved, the court exercising its power of substituted judgment, when the incapacitated person and her husband both had children from prior marriages, each had executed reciprocal wills each leaving their estates to … Continue reading
The forms in use in a firm should be easy to edit, and it should be easy to copy and paste language from one document to another, so lawyers responsible for creating or maintaining will and trust (and other estate … Continue reading
The Supreme Court has held that 23 Pa.C.S. § 2313(a), which requires the appointment of counsel for children involved in contested involuntary termination of parental rights, is not satisfied by the appointment of a guardian ad litem who is also … Continue reading
An appeal from a denial of an injunction may be dismissed as moot when the construction sought to be enjoined has been completed. In Re: Wissahickon Playground, No. 2492 C.D. 2015 (Cmwlth. 3/28/2017) (opinion not reported), aff’ng No. 265 IP … Continue reading
Crawford County has adopted new Orphans’ Court Rules, to be effective 30 days after publication in the Pennsylvania Bulletin. “Adoption of Local Orphans’ Court Rules; O.C. 2017-17” (3/6/2017), 47 Pa.B. 1738 (3/25/2017). … Continue reading
Somewhat to my surprise, a bill in the Pennsylvania legislature that would reduce the inheritance tax to 0% for transfers to children under the age of 21 (HB 291) has made it out of committee and received its first consideration. … Continue reading
Erie County has adopted new Orphans’ Court local rules, to be effective 30 days after publication in the Pennsylvania Bulletin. “Order Adopting Orphans’ Court Rules; Doc. No. 52-2017” (2/21/2017), 47 Pa.B. 1630 (3/18/2017). … Continue reading