Judge Leonard B. Sokolove, who served for many years on the Orphans’ Court of Bucks County, died at his home on Monday, November 3.
I had the honor of appearing before him on several occasions, and he was a man of great intelligence, wit, and compassion. He was a judge you would like and admire even as he ruled against you.
Below are the comments I have submitted to the Pa. Disciplinary Board on the proposed change to Rule of Disciplinary Enforcement 217 that would require all “formerly admitted attorneys” to resign from all fiduciary positions, regardless of whether the lawyer has been disbarred, is temporarily suspended, or has retired. This is in response to “Proposed Amendments to the Pennsylvania Rules of Professional Conduct and the Rules of Disciplinary Enforcement to Reduce Loss Resulting from the Misappropriation of Client and Third Party Funds,” 44 Pa.B. 6070 (9/27/2014).
A petition to determine the ancestry of the petitioner, which the petitioner alleged was needed for an application for dual Italian and American citizenship, has been denied for lack of jurisdiction. In re Marino, 62 Ches. Co. L. Rep. 348, 4 Fid. Rep. 3rd 447 (9/25/2014) (Opinion by Hall, J.).
The son of decedent, who was an agent under power of attorney and became executor of his mom’s estate, closed “payable on death” bank account while agent and distributed the money to two of the decedent’s three children and his son; the Court concluded that the document’s language lacked specificity to allow unlimited giving under power of attorney, ordering the money returned to the estate and distributed in accordance with the “payable on death” provision of the bank account. Coury Estate, 4 Fid. Rep. 3d 436 (OC Carbon 2014) (Opinion by Matika, J.)
Court terminated parental rights of father for two children, because of father’s domestic violence, drug and alcohol abuse, and mental health. In Re B.B. and M.B., 4 Fid. Rep. 3d 429 (OC Berks 2014) (Opinion by Keller, J.)
Decedent with multiple residences was found to be domiciled in Pennsylvania, as all of his mail came to his Philadelphia residence and he wished to return there; undue influence was not proved by either direct or indirect evidence, as the decedent was a strong willed individual with much business experience; and fraud, insane delusion, forgery, and lack of testamentary capacity lacked supporting evidence in will contest. Rothberg Estate, 4 Fid. Rep. 3d 403 (O.C. Phila. 2014) (Opinion by O’Keefe, Admin. J.), aff’d, Nos. 2391 EDA 2014 and 2795 EDA 2014 (Pa. Super. 6/26/2015) (non-precedential).
The Commonwealth (as parens patriae) objected to first and final account of estate and trust with charitable beneficiaries, because the Commonwealth was not given Rule 5.6 notice, and the trust and estate terminated at the death of the lifetime beneficiary, which occurred approximately 2 years before final accounts were filed; the Court found no harm in the delay, nor any breach of duty to preserve the assets of the estate and trust, meaning no harm occurred and no surcharge was warranted. Connor Estate and Trust, 4 Fid. Rep. 3rd 456 (OC Chester 2014)
It has only now come to our attention that amendments to Pennsylvania disciplinary rules were proposed in September, with a comment period ending November 3. The amendments are intended to reduce lawyer misappropriations from client funds and fiduciary funds in the possession of lawyers. According to the Disciplinary Board, the proposed rules would:
“Proposed Amendments to the Pennsylvania Rules of Professional Conduct and the Rules of Disciplinary Enforcement to Reduce Loss Resulting from the Misappropriation of Client and Third Party Funds,” 44 Pa.B. 6070 (9/27/2014).
On October 27, 2014, Governor Corbett signed SB 428, making it Act 186 of 2014.
The act makes changes to 20 Pa.C.S. 7799.3, which deals with pooled trusts for people with disabilities. The most significant change is that, when a pooled trust ends, it must no longer distribute half of the trust to the Commonwealth, but the trust can continue for the benefit of other persons with disabilities.
Columbia and Montour Counties have published new local rules, including rules for Orphans’ Court Actions (accounts, auditors, adoptions, and appointments of guardians). Business of the Courts, Case No. 2014-MV-1, 44 Pa.B. 6750 (10/25/2014).