Register of Wills properly found that it had jurisdiction to issue letters of administration based on the decedent’s driver’s license, car registration, financial responsibility insurance card, and telephone bill, even though decedent and his spouse owned a home in Bucks County. The Register did not abuse his discretion in issuing letters to an disinterested third party, rather then the decedent’s spouse, when the spouse had attempted to evade service of a citation upon her, and had refused to acknowledge potential claims of heirs other than her and her daughter despite evidence that the decedent and his spouse had adopted two or three other children. Estate of Leonard Barkan, 8 Fid.Rep.3d 278 (Montgomery O.C. 2018).
Court order directing the alleged incapacitated person to submit to an independent neuropsychologic examination for the purpose of determining capacity did not violate the constitutional rights of the person, and the order should be considered interlocutory and not appealable. Estate of Rosa Simmons, an Alleged Incapacitated Person, 8 Fid.Rep.3d 271 (Philadelphia O.C. 2017), 1483 EDA 2017 (Pa. Super.) (appeal discontinued after order issued to show cause why order is not interlocutory and not appealable).
Forgery is not proved by the testimony of the decedent’s children that the signature on the will does not look like the decedent’s when the decedent’s lawyer and the subscribing witnesses to the will all testify that they saw the decedent sign the will. Evidence of physical weakness, and of some episodes of delirium and short-term memory loss, were insufficient to show lack of testamentary capacity or weakened intellect for purposes of undue influence. The existence of a confidential relationship was also not proved when there was no evidence that the long-time friends who benefited from the will ever made any decisions for the decedent or ever managed his money. Estate of Barnabas Roczey, 8 Fid.Rep.3d 253 (Monroe O.C. 2018).
Court would not issue a temporary restraining order to continue life support for minor child who showed no brain activity and was legally dead under the Uniform Declaration of Death Act, 35 P.S. § 10203. In Re Anonymous, a Minor, 8 Fid.Rep.3d 249 (Philadelphia O.C. 2018).
Clinton County has adopted new local Orphans’ Court rules, effective thirty days after publication. “Local Rules; 29 January Term 1976” (Clinton Co. 9/28/2018), 48 Pa.B. 6551, 6561 (10/13/2018).
Clinton County has updated its administrative rules, including its rule on the public access policy. “Local Rules; 29 January Term 1976” (Clinton Co. 9/28/2018), 48 Pa.B. 6551 (10/13/2018).
The Superior Court has held that an incapacitated person can be represented in a divorce action only by a court-appointed guardian or guardian ad litem, and that an agent under a durable power of attorney cannot prosecute or defend a divorce action on behalf of an incapacitated principal. Berry v. Berry, 2018 PA Super 276, 197 A. 3d 788 (2018).
Change of beneficiary form that referred to original annuity contract and was submitted to the insurance company after the contract had matured and been converted to a supplemental annuity contract was insufficient to change the beneficiary of the supplemental contract because the decedent was not in substantial compliance with the terms of the contract after the decedent was notified that the change of beneficiary was ineffective and took no further action for more than three and a half years. Estate of Albert R. Pepe, 9 Fid.Rep.3d 67, No. 112 DE of 2018 (Philadelphia O.C. 9/10/2018).
When trust document grants the beneficiary the power to remove and replace a corporate trustee “for any reason whatsoever” with court approval, the beneficiary did not need to allege or show any cause for removal provided by 20 Pa.C.S. § 7766, which is not among the mandatory provisions listed in § 7705(b), and so the provisions of the trust document control under § 7705(a). Trust under Agreement of Taylor, 640 Pa. 629 (2017) was distinquished. Partricia Sankey Special Needs Trust, 9 Fid.Rep.3d 49, No. 1896 of 2014 (Philadelphia O.C. 8/29/2018).