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 … Continue reading
Category Archives: Opinions
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) … Continue reading
The Pennsylvania Supreme Court has held that a Register of Wills who issues letters to a personal representative without a bond required by law is not immune from liability under the Political Subdivision Tort Claims Act, 42 Pa.C.S. §§ 8541-8542, and … Continue reading
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 … Continue reading
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 … Continue reading
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 … Continue reading
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. … Continue reading
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 … Continue reading
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 … Continue reading
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 … Continue reading