Lycoming County has amended Rule L3.4 to require the use of a cover sheet for every petition, motion, exception, stipulation, or other request for an order or relief. Amendments to the Orphans’ Court Rules, Doc. No. 13-03016, 44 Pa.B. 20 (1/4/2014).
Mercer County has entered three administrative orders:
1. Administrative Order No. 1, Register’s No. 2013-767, 44 Pa.B. 24 (1/4/2014), directs the Register of Wills to notify judges each year whether or not the annual reports of guardians required by 20 Pa.C.S. § 5521(c) have been filed, and provides procedures for reviewing annual reports and for scheduling hearings to determine why reports have not been filed.
2. Administrative Order No. 2, Register’s No. 2013-767, 44 Pa.B. 25 (1/4/2014), directs the Register of Wills to accept, file, and maintain a public index for, original wills that have been in the possession of lawyers who have died or otherwise ceased to practice law and who have been unable to return the wills to the testators.
3. The third administrative order directs that administrative orders be kept available for public inspection in the offices of the Clerk, the Register of Wills, the Clerk of the Orphans’ Court, and the Prothonotary. Administrative Orders, Register’s No. 2013-767, 44 Pa.B. 24 (1/4/2014).
Despite the language of the Wills Act of 1947, which was in effect at the time of the testator’s death, if there is no contrary intent expressed in the will, “issue”, “child”, or “children” presumptively includes children that were adopted regardless of the date of adoption and includes those adoptees who were adopted as adults as long as a parent-child relationship existed between the adoptee and the adopter during the adoptee’s minority. Armistead Trust, 4 Fid. Rep. 3d 233 (O.C. Delaware 2014) (Opinion by Kenney, J.)
Majority shareholder at a shareholder meeting resigned his presidency, stated that he was taking an extended vacation, and stated that, if he died, he relinquished all of his shares to the officers and directors of the company. Court found that no gift took place, because intent, delivery and acceptance never occurred, and that the gift was not causa mortis, because decedent did not believe he was about to die. North Branch Transfer Inc. etal v. Bower, 4 Fid. Rep. 3d 229 (C.P. Lycoming 2014) (Verdict and Order by Gray, J.)
The Attorney General of Pennsylvania objected to the attorney fees in an estate with a sole charitable beneficiary. The court found the attorney’s hourly rate to be reasonable, but found the amount of hours to be excessive, reducing attorney fees from $56,880 to $49,000. Carboni Estate, 4 Fid. Rep. 3d 222 (O.C. Luzerne 2014) (Opinion by Hughes, J.)
Before dying intestate, decedent orally pledged estate to charitable institution. Court found that the pledge was not enforceable as a charitable pledge, meaning it was an oral contract to will, which was eliminated under PEF 2701. Stein Estate, 4 Fid. Rep. 3d 218 (O.C. Mont. 2014) (Opinion by Ott, J.)
In a claim for money damages against an estate for the executor’s breach of contract, the Orphans’ Court found that it lacked jurisdiction, because the claim is an action at law sounding in assumpsit that should be decided by the Civil Division. Durham Estate, 4 Fid. Rep. 3d 217 (O.C. Chester 2014) (Order of Hall, J.)
Trust beneficiary died and trust dictates that principal and undistributed income goes to beneficiary’s descendents per stirpes. Corporate trustee determined that beneficiary died without issue, and putative daughter, who was born while mother was married to a man other than beneficiary, objected to final account. Court held that despite the presumption of paternity for children born within a marriage, the presumption did not apply in this case, because the husband and wife were separated, and even if the presumption did apply, the putative daughter has presented clear and convincing evidence to overcome the presumption. Court concludes putative daughter is the daughter of the trust beneficiary. Bostick Trust, 4 Fid. Rep. 3d 241 (O.C. Mont. 2014) (Opinion by Murphy, J.)
Order by trial court directing the administrator of an estate to retain counsel to maintain appeal from tax sale affirmed because (a) the order was a collateral order appealable under Pa. R.A.P. 313, and (b) an administrator may not represent the estate pro se unless the administrator is the sole beneficiary and there are no creditors, because this would be the unauthorized practice of law. Estate of Anna S. Rowley, 84 A.3d 337, 4 Fid. Rep. 3d 249, No. 444 C.D. 2013 (Cmwlth. 2013) (Opinion by Pellegrini, President Judge), app. den., 149 WAL 2014 (Pa. 8/19/2014).
In an action to change the situs of a trust and change the corporate trustee, the court held that the action was brought in the wrong venue, because the situs of the trust was in another county, and that 20 Pa.C.S. § 7710.1 did not apply, because not all of the trustees agreed. Warriner Trusts, 4 Fid. Rep. 3d 254 (O.C. Susque. 2014) (Opinion by Seamans, P.J.)