Fayette County has adopted a new local rule of judicial administration requiring compliance with the public access policy of the Unified Judicial System of Pennsylvania. “Public Access Policy; Case Record of the Trial Courts; F.C.R.J.A. 102; No. 2062 of 2017GD” … Continue reading
Daniel Evans
Dauphin County has promulgated several changes to its local rules regarding the confidentiality of information filed with the court, including the Orphans’ Court, amending local Rule of Judicial Administration 101 and 102 and local Orphans’ Court Rule 1.8(c). “Promulgation of … Continue reading
The surviving spouse’s attempt to discontinue a divorce action following the death of the decedent was ineffective under new Pa.R.C.P. 1920.17, but grounds for divorce were not established within the meaning of 23 Pa.C.S. § 3323(g) when the decedent’s affidavit … Continue reading
In an appeal by a parent to a change of the permancy goal of her minor son to adoption, without terminating the parent’s parental rights, the court-appointed counsel may file a petition to withdraw and supporting brief pursuant to Anders … Continue reading
[Updated 2/28/2024] The Pennsylvania personal income tax treats “income in respect of a decedent” (often referred to as “IRD”) in a way that is completely different from the federal income tax treatment of IRD, and practitioners dealing with estates of … Continue reading
The Orphans’ Court Procedural Rules Committee has published a revised new O.C. Rule 14.3, and a new Form G-05, relating to expert reports on incapacity in guardianship proceedings in lieu of in-court testimony or depositions. This new proposed rule and … Continue reading
With the release of the Consumer Price Index for August 2017, it’s possible to calculate various inflation adjustments for 2018. The following are the significant federal estate planning numbers, with the numbers for 2017 shown in parentheses: The base applicable … Continue reading
The Butler County Court of Common Pleas has appointed Gerri V. Paulisick as the Master in Orphans’ Court. “Appointment of Orphans’ Court Master; MSD No. 1 of 2017” (Butler Co. 8/31/2017), 47 Pa.B. 5780 (9/16/2017). … Continue reading
When notices of federal tax liens are filed during the decedent’s lifetime, the federal lien has priority over expenses of administration of the decedent’s estate. In re Estate of Simmons (United States v. Spiekhout), No. 1:15-cv-01097-TWP-MPB (U.S.D.C. S.D. Ind. 7/31/2017); … Continue reading
The proponent of a photocopy of a will failed to prove that the contents of the photocopy were substantially the same as the missing original. In re: Estate of John Brumbaugh, 2017 PA Super 287 (9/6/2017). … Continue reading