Evidence that decedent believed he had provided for his daughters during his lifetime, that decedent did not contact his attorney about preparing a new will or speak to any other attorney about a new will, and that the decedent had … Continue reading
Daniel Evans
Mercer County has adopted new Orphans’ Court rules to supplement the statewide rules that became effective September 1, 2016. “Local Rules of Court; No. 17-1,” (Mercer Co. 7/24/2017), 47 Pa.B. 4524 (8/5/17). … Continue reading
The Supreme Court has held that that 20 Pa.S.C. § 7766 is the exclusive method for removing a trustee, and that a trust cannot be modified under § 7740.1 to allow the beneficiaries to remove and replace the trustee. Trust … Continue reading
Monroe County has adopted new local Orphans’ Court rules consistent with the state-wide rules that took effect in September 2016, to be effective 30 days after publication in the Pennsylvania Bulletin. “Implementation of Local Orphans’ Court Rules; 5 CV 2017 … Continue reading
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
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