Civil Division Lacks Jurisdiction over Validity of Will and Claim for Specific Performance

Civil complaint that “touches on” validity of decedent’s will was dismissed with prejudice for lack of subject matter jurisdiction, and not transferred to Orphans’ Court division. Kramer, III v. Mary T. Kramer Estate (No. 1), 9 Fid.Rep.3d 272 (Lycoming C.P. 2019).

Upon reconsideration, the court transferred to the Orphans’ Court division the claim for specific performance of an alleged contract of the decedent to sell real property, which is under the mandatory jurisdiction of the Orphans’ Court under 20 Pa.C.S. § 711(13) and (17). Kramer, III v. Mary T. Kramer Estate (No. 2), 9 Fid.Rep.3d 273 (Lycoming C.P. 2019)

New Life Insurance Transfer for Value Regulations

New final regulations have been filed with the Federal Register by the Internal Revenue Service providing guidance on the reporting of life insurance sales or proceeds under new IRC section 6050Y and the changes to the transfer for value rules of IRC section 101 that were made by the “Tax Cuts and Jobs Act” of 2017, P.L. 115-97. The regulations will be published on October 31, 2019. T.D. 9879, RIN 1545-BO49, F.R. Doc. 2019-23559.

Increase in Filing Fees

The Supreme Court has amended the Financial Regulations of Title 204 of the Pennsylvania Code to increase filing fees by $2.00, from $17.00 to $19.00, for (among other things) petitions for grant of letters and first filings in petitions concerning adoptions, incapacitated persons’ estates, minors’ estates, and inter vivos trusts, effective immediately. “Amendment of Financial Regulations Pursuant to Act 20 of 2019, Pa.R.C.P. No. 1920.31(A)(2) and 23 Pa.C.S. § 5323; No. 523 Judicial Administration Doc.” (10/10/2019), 49 Pa.B. 6380 (10/26/2019).

Delays in Providing Information Not Grounds for Removal of Trustee

Delays and what the court characterized as “poor judgment” by the trustee in responding to requests for information by the adoptive parents of the minor beneficiary of the trust were not a “serious breach of a fiduciary duty” warranting removal, but the court “strongly urged” the trustee to send the parents bank and broker statements regularly, and to promptly respond to future requests for information. Naomi Gulden Estate, 9 Fid.Rep. 256 (Lehigh Co. O.C. 2019).

Standing of Disinherited Children to Challenge Will

The children of the decedent, as intestate heirs, might not have standing to challenge the probate of a will when there is an earlier will that has not been challenged and which provides no benefit to the children. William E. Fink Estate (No. 1), 9 Fid.Rep.3d 247 (Lycoming Co. O.C. 2019).

The court having raised the issue of standing sua sponte, and allowing the parties to brief the issue of standing, the court found that the children of the decedent who had been disinherited by an earlier will did not have a “substantial, direct, and immediate” interest in the probate of the current will. William E. Fink Estate (No. 2), 9 Fid.Rep.3d 253 (Lycoming Co. O.C. 2019).

[Note: In both opinions, the court cites Superior Court decisions for the proposition that standing is jurisdictional and cannot be waived. However, as I have noted before, the Supreme Court has ruled several times that standing is not jurisdictional and can be waived. See “Standing Is not Jurisdicational.” That does not mean that the trial court was wrong to raise the issue sua sponte, or that it was wrong in concluding that the contestants did not have standing.]

Setoff Allowed to Correct Erroneous Distribution

A setoff will be allowed to the Pennsylvania Bureau of Medical Care Availability and Reduction of Error Fund (“MCARE”) allowing it to reduce the amount of damages it owes to the estate by its share of punitive damages payable to it, because it failed to receive the payment for its share of punitive damages due to an error by the attorney for the administrator and the setoff is an appropriate way for the court to enforce its order of distribution. The attorney for the administrator should not be allowed to appeal the setoff order because she is asserting her personal interests in conflict with the interests of the administrator and has never withdrawn as attorney of record for the administrator or sought to become a party to the proceeding. Dubose, Adm. of Dubose State v. Willowcrest Nursing Home, 9 Fid.Rep.3d 232 (Philadelphia O.C. 2019).

No Independent Evaluation Ordered for Alcoholic

Petitioner failed to show sufficient cause for the court to order the alleged incapacitated person to submit to an independent medical examination, or to produce drug and alcohol treatment records, when the alleged incapacitated person admitted to a history of alcoholism but testified credibly without any evidence of mental impairment. J.A.D., an Alleged Incapacitated Person, 9 Fid.Rep.3d 227 (Chester Co. O.C. 2019).

Statute of Limitations for Personal Injuries not Extended for Discovery

Action for personal injuries brought by an estate is untimely, and the statute of limitations will not be extended by a period within which the decedent might not have known that her automobile accident injuries were serious enough to qualify for a full tort action, when the decedent’s lawyer had attempted to bring a full tort action in her name within the limitations period which was dismissed because of her death before the action was filed. Edwin Moyer, Executor of Betty Moyer Estate v. Matthew Conroy, 9 Fid.Rep.3d 223 (Berks Co. C.P. 2019), on appeal, 283 MDA 2019 (Super. Ct.).