A claim to unclaimed property held by the Pennsylvania Treasury was properly denied when the property was a joint account in the names of the claimant’s mother and half-sister, the mother predeceased the half-sister so that the account became the … Continue reading
Daniel Evans
The administrator of the deceased settlor’s estate has standing to request the appointment of a temporary trustee when the trust was for the settlor’s benefit during his lifetime, the estate may have assets within the real properties held in the … Continue reading
Potter County has adopted a number of new local rules, including two local Orphans’ Court rules for adoption proceedings. “Local Rules; No. 113 of 2017 Misc. Division” (Potter Co. 9/13/2017), 47 Pa.B. 6192 (10/7/2017). … Continue reading
Huntingdon County has adopted a Public Access Policy affecting access to records of the Orphans’ Court. “Public Access Policy of the Huntingdon County Court of Common Pleas; Case Records; No. CP-31-MD-198-2017; AO No. 1-2017” (9/20/2017), 47 Pa.B. 6187 (10/7/2017). … Continue reading
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
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