Following the holding of the Superior Court confirming that the fiduciary exception to attorney-client privilege did not allow a trustee to withhold documents in discovery, the Orphans’ Court held that new claims of attorney-client privilege based on exceptions to the … Continue reading
Category Archives: Opinions
The Orphans’ Court did not have the power to approve by-laws or a board of directors for a nonprofit corporation operating as a church following the death of the founder and sole incorporator of the church when there were no … Continue reading
Under the “relation back” doctrine, a lawsuit filed on behalf of an estate by the person appointed as the executor by the decedent’s unprobated will is timely if filed before the statute of limitations has expired even though the petition … Continue reading
The Orphans’ Court has no subject matter jurisdiction over a petition challenging the validity of an amendment to a trust after the trustee has filed a final account, the account has been approved by the court, the time for appeal … Continue reading
It was not an abuse of discretion for the Orphans’ Court to award counsel fees to the decedent’s daughter-in-law when her stepchildren removed jewelry from her home and a safe deposit box without her permission or the permission of her … Continue reading
A will by which a mother left her estate to two of her three children was not a product of influence when the third child failed to produce clear and convincing evidence of weakened intellect, a confidential relationship, and a … Continue reading
In a dispute about whether the decedent had validly conveyed a property to her daughter as joint tenants with right of survivorship, testimony about statements made by the decedent about her daughter-in-law were admissible as evidence of the decedent’s state … Continue reading
The Erie County Orphans’ Court has adopted a new local Rule 4.7 on electronic filing. “Order Adopting Erie O.C.R. 4.7; Doc. No. 2025-00096” (3/31/2025), 55 Pa.B. 2851 (4/19/2025). … Continue reading
Executor surcharged for interest and penalties resulting from failing to file income tax returns for the estate for four years (and interest was added to that surcharge), for legal fees paid at hourly rates above prevailing rates in the county, … Continue reading
The agent for the deceased principal filed an account that showed the same rounded expenses each month, the agent failed to comply with discovery orders to provide financial records, and the agent failed to appear at the hearing on the … Continue reading