The Philadelphia Orphans’ Court has denied a petition by Board of Directors of City Trusts of Philadelphia seeking a modification of the trust for Girard College under the will of Stephen Girard that would have converted the college’s residential program for grades one through twelve to an extended day program for grades one through eight. Estate of Stephen Girard (Trust for Girard College), 4 Fid. Rep.3d 355, No. 10 DE of 1885 (O.C. Phila. 8/21/2014) (Opinion Sur Decree by O’Keefe, Adm. J.), aff’d No. 2254 C.D. 2014 (Pa. Cmwlth. 1/21/2016).
The Commonwealth Court has considered the standards to be applied by the Public School Employees’ Retirement Board when it is alleged that a Public School Employee’s Retirement System beneficiary designation is the product of undue influence. Snizaski v. Pub. School Emp. Ret. Bd., No. 1329 C.D. 2008 (8/13/2014).
At its recently completed 2014 annual meeting, the National Conference of Commissioners on Uniform State Law approved the Uniform Fiduciary Access to Digital Assets Act. When enacted by the various states, the act will provide personal representatives of estates, agents under durable powers of attorney, guardians of incapacitated persons, and successor trustees with the same rights of access to electronic records as the decedent, principal, ward, or preceding trustee.
Update (2/21/2015): Senate Bill 518, introduced on 2/20/2015, would enact the uniform act as Chapter 39 of Title 20 of the Pennsylvania Consolidated Statutes (i.e., the PEF Code). (Our table summarizing the status of estate and trust legislation introduced in the current session of the Pennsylvania legislature can be found here.)
This second part of a four part series describes the changes made by Act 95 of 2014 to the authority of agents to make gifts and other acts affecting the principal’s estate plan and the disposition of property after the death of the principal.
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Montgomery County has adopted new fee schedules for the Register of Wills and Clerk of the Orphans’ Court, both effective 8/8/2014. Fees of Register of Wills, 44 Pa.B. 5188 (8/2/2014); Fees of Clerk of Orphans’ Court, 44 Pa.B. 5187 (8/2/2014).
Evidence that decedent had suffered from a mental illness, and was determined to be incapacitated after executing will, was not sufficient to overcome evidence that decedent had testamentary capacity when executing will. Daughter was not in a confidential relationship with decedent, did not receive a substantial benefit, and her involvement in preparing will was not undue influence. Rossi Estate, 4 Fid.Rep.3d 297 (Wyoming Co. O.C. 2014).
In will contest, executor of probated will (and former agent of decedent under a power of attorney) appealed from the trial court’s demurrer of two preliminary objections, arguing that intestate heirs lack standing to contest the will and lack standing to get an accounting of his actions as agent. The Court wrote that the two appeals were not allowed as a matter of right and that there had been no findings of fact on which an appeal could be based, meaning the appeals should be quashed. Furthermore, intestate heirs have standing if there is a realistic possibility that the will contest will succeed, meaning the decedent died intestate, and an agent is required to account whenever ordered by a court. Gralak Estate (No. 1) and (No.2), 4 Fid. Rep. 3d 280 (O.C. Phila. 2014) (Opinion by Carrafiello, J.)
In an appeal from an adjudication of an incapacitated person, the Orphans’ Court explained that the issues not raised at trial should be quashed, because they were waived, and that when jurisdiction was returned to the Orphans’ Court, a review hearing should be scheduled to deal with the issues argued on appeal. Boyce, Incapacitated Person, 4 Fid. Rep. 3d 273 (O.C. Phila. 2013)
Foster parents lack standing in petition to terminate parental rights, because §2512 of the Adoption Act does not list foster parents as parties that may file a petition to terminate parental rights. However, under §6336.1 of the Juvenile Act, foster parents are entitled to notice of all hearings involving the subject minor and the right to be heard. In re Adoption of E. K., 4 Fid. Rep. 3d 269 (O.C. Mont. 2014) (Opinion by Murphy, J.)
A mother’s parental rights were terminated, because she continued to have a relationship with a man, who had been charged with rape and indecent assault of pre-school aged children. In re O.M.H., 4 Fid. Rep. 3d 259 (O.C. Berks 2013) (Opinion by Keller, J.)