The successor agent did not have the power to bind the principal to an arbitration agreement when there was no showing that the initial agent named in the power of attorney was “unwilling or unable to act” as attorney-in-fact for … Continue reading
Daniel Evans
When a parent sets up a bank account in the names of herself and her two children, the surviving child becomes the sole owner of the account following the death of the parent and (four days later) the death of … Continue reading
The conclusion of the Orphans’ Court that there was a “reasonable probability” that a mother will be able to remedy conditions and regain custody of children was not supported by the record and ignored the requirements of the Adoption Act … Continue reading
A child born before the execution of will and not provided for by the will is not entitled to an intestate share of the estate under 20 Pa.C.S. § 2507(4), and preliminary objections to the child’s petition for declaratory judgment … Continue reading
It was error for the Orphans’ Court to fail to grant a continuance to a parent to obtain counsel in a proceeding to terminate his parental rights when the parent failed to request counsel from the court but three of … Continue reading
Property purchased by township through the Project 70 Land Acquisition and Borrowing Act, 72 P.S. §§ 3946.1 et seq., and dedicated to public use as a park, cannot be sold by the township to private developers, and the township cannot … Continue reading
The Orphans’ Court has the power to enforce through civil contempt an order requiring a former fiduciary to pay a surcharge in installments, and may order incarceration for the former fiduciary when he contemptuously fails to make the required payments, … Continue reading
The Internal Revenue Service has announced a new simplified procedure for obtaining relief for filing a late estate tax return in order to elect portability. Under IRC section 2010(c)(5)(A), the federal estate tax exclusion amount for a surviving spouse can … Continue reading
The Civil Division has jurisdiction over a contractual claim against an estate and its executor, but the trial court erred in “piercing the corporate veil” and finding an executor-beneficiary personally liable for debts incurred by a corporation of which the … Continue reading
The Supreme Court has amended Rules of Juvenile Court Procedure relating to dispositional hearings on deliquencies and post-dispositional reviews. “Order Amending Rules 512, 610 and 612 of the Rules of Juvenile Court Procedure; No. 737 Supreme Court Rules Doc.,” 47 … Continue reading