Cumberland County has adopted a public access rule to comply with Section 7 of the Public Access Policy of the Unified Judicial System of Pennsylvania, which applies to the Clerks of the Orphans’ Courts. (See “Public Access Compliance Policy for Orphans’ Court Filings” for additional information.)
“Rules of the Court of Common Pleas; Public Access” (Cumberland Co. 1/4/2018), 48 Pa.B. 513 (1/20/2018).
The Orphans’ Court Procedural Rules Committee has proposed removing the Estate Information Form, RW-01 (REV-346) from the index and appendix of Register of Wills forms.
The report of the committee states that the form is a Department of Revenue form and not a Supreme Court form and was included in the appendix of Register of Wills forms for the convenience of the public. However, the form was revised in November 2015 and, rather than updating the appendix in response to changes made by the Department of Revenue, the recommendation is to remove the form from the appendix and the Unified Judicial System website and instead direct the public to the Department of Revenue website.
“Proposed Amendment of the Index and Appendix of Orphans’ Court and Register of Wills Forms,” 48 Pa.B. 486 (1/20/2018).
If you’re curious about the effects of the new federal tax law (i.e., the reconciliation act of 2017, formerly known as the Tax Cuts and Jobs Act), I’ve created an on-line calculator that shows the impact of the new tax law by calculating the federal income tax under both the old law and the new law, taking into account not just the differences in rates but also the changes in deductions for medical expenses, state and local income taxes, mortgage interest, charitable contributions, and miscellaneous itemized deductions, as well as the elimination of the personal exemption and the increases in the standard deduction and the child credit.
A similar feature has been added to the income tax calculations for estates and trusts (although the differences are generally less significant).
See http://wcalcs.com (registration required).
Five more counties have adopted public access rules to comply with Section 7 of the Public Access Policy of the Unified Judicial System of Pennsylvania, which applies to the Clerks of the Orphans’ Courts. (See “Public Access Compliance Policy for Orphans’ Court Filings” for additional information.)
“Amendments to Local Rules; No. 17-381 Prothonotary; No. CP-06-AD-27-2017 Clerk of Courts” (Berks Co. 12/15/2017), 48 Pa.B. 227 (1/13/2018).
“Local Rule of Judicial Administration; Public Access Policy; Civil Doc. No. 17-5120; Criminal Doc. No. MD-1545-17” (Delaware Co. 12/7/2017), 48 Pa.B. 236 (1/13/2018).
“Order Adopting Local Rule of Judicial Procedure 510; No. 14316 of 2017” (Luzerne Co. 12/18/2017), 48 Pa.B. 249 (1/13/2018).
“Amendments to Local Rules; No. 17-381 Prothonotary; No. CP-06-AD-27-2017 Clerk of Courts” (Potter Co. 12/14/2017), 48 Pa.B. 249 (1/13/2018).
“Amendments to Local Rules; No. 17-381 Prothonotary; No. CP-06-AD-27-2017 Clerk of Courts” (Susquehanna Co. 12/4/2017), 48 Pa.B. 249 (1/13/2018).
Act 64 of 2017 (H.B. 1019), which was signed by the governor on 12/21/2017 and will be effective on 2/19/2018, adds a new Chapter 7 to Title 9 of the Pa. Consolidated Statutes (“Burial Grounds”) giving people “reasonable access” to visit burial plots in cemeteries, including privately owned cemeteries.
On January 6, 2017, the Supreme Court adopted a new public access policy (“the Policy”) for records of appellate and trial courts in Pennsylvania, which became effective January 6, 2018. The Policy applies to filings in the Orphans’ Courts of…
The Administrative Office of the Pennsylvania Courts has announced that the following forms required by the Public Access Policy are now available at http://www.pacourts.us/public-records/public-records-forms: Request for Access Form, Confidential Information Form, Confidential Document Form, Request for Correction of Clerical Errors, and sample Certificate of Compliance “Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts,” 48 Pa.B. 20 (1/6/2018).
Lackawanna County has adopted a public access rule to comply with Section 7 of the Public Access Policy of the Unified Judicial System of Pennsylvania, which applies to the Clerks of the Orphans’ Courts.
“Adoption of Rules of Judicial Administration; No. 2017 Misc. 1” (Lackawanna Co. 12/5/2017), 48 Pa.B. 10 (1/6/2018).
The Supreme Court has entered an order following the recommendation of the Orphans’ Court Procedural Rules Committee and adopting a new Pa.O.C. Rule 1.99 to conform to the Public Access Policy of the Unified Judicial System of Pennsylvania, effective 1/6/2018. Notes to various rules on pleadings and filings have also been amended to include cross-references to new Rule 1.99 in order to remind practitioners and parties about the new rules for the treatment of confidential information. “In re: Order Adopting Rule 1.99 and Amending the Notes to Rules 2.1, 2.4, 2.7, 2.8, 2.10, 3.3-3.6, 3.9-3.11, 3.14, 7.2-7.4, and 8.2 of the Pennsylvania Orphans’ Court Rules,” No. 758 Supreme Court Rules Docket (1/5/2018), 48 Pa.B. 483 (1/20/2018).
Decedent’s grandchildren, as 30% residuary beneficiaries under the will drafted by the defendant law firm, have standing to pursue a malpractice action against the law firm when the bulk of the decedent’s assets were in a “transfer on death” brokerage account payable to the decedent’s children, but the grandchildren’s claim for breach of contract was dismissed for failure to state a claim. Fortunato v. CGA Law Firm, 2017 WL 3129825, No. 1:17-cv_00201 (U.S.D.C. M.D.Pa. 7/24/2017) (applying Pennsylvania law).