When an Orphans’ Court enters a nonsuit to objections to an account, the objectant must file a motion with the court to remove the nonsuit before appealing the nonsuit. In re: Ernest J. Koeberlein Trust, No. 652 WDA 201 (Pa. … Continue reading
Daniel Evans
Petition for termination of father’s parental rights was denied, despite father’s criminal history and current incarceration, because father had cooperated with child welfare agency and had achieved most of the objectives established for him by the agency. In re J.M.W., … Continue reading
Objections to distributions and dispositions of tangible personal property were dismissed when all family members had an opportunity to review and claim items, the executor was able to sell some unclaimed items, and other items were given away or discarded … Continue reading
Fees of corporate trustee based on both a percentage of the value of closely-held stock and hourly charges for time spent approved when trust document allowed fees “in accordance with its schedule in effect” when the services are performed, the … Continue reading
Daughter and her husband were found to be in a confidential relationship with the decedent because they lived next door to the decedent, had a close relationship with the decedent, the decedent trusted them, and the decedent relied upon them … Continue reading
Probate of after-discovered will was properly denied based on evidence of undue influence. Weakened intellect was found in evidence of progressive dementia, and confidential relationship was found in son-proponent’s involvement in the testator’s personal and business affairs. Trustee of inter … Continue reading
The IRS has released the new Form 8971 (and its instructions) for executors to use to report federal estate tax values as required by new IRC section 6035. The Form 8971 is filed with the IRS, and a separate Schedule … Continue reading
The Orphans’ Court Procedural Rules Committee has proposed new rules for adoption proceedings. Proposed Rescission of Rules 15.1 through 15.9 and Replacement with the New Rules of Chapter XV, 46 Pa.B. 332 (1/16/2016). (The recently adopted Orphans’ Court rules did … Continue reading
Surcharge imposed against trustee for more than $600,000 for “reimbursements” to herself, but surcharge for failure to properly invest funds denied because the testimony of the expert witness was speculative and simplistic and lacked a solid foundation. In addition, punitive … Continue reading
Claims allowed for expenses paid by friends of the decedent (one of whom was a cousin of the decedent) for taxes on property of the decedent, as well as insurance and utilities, for hospice care for the decedent before death, … Continue reading