Court found that spouse, who had elected against decedent’s estate, had not willfully and maliciously deserted decedent, because the spouse had been abused by decedent, meaning the spouse’s desertion was with cause, and she had not forfeited her right to elect against decedent’s estate under PEF 2106(a). Rollins Estate, 3 Fid. Rep. 3d 448 (O.C. Chester 2013) (Opinion by Pratt)
The beneficiaries of an estate, having filed objections to the executor’s account, petitioned for discovery of all files relating to the estate; the court ordered that all files relating to the management of the estate be turned over to the beneficiaries, including all opinions of counsel to the executor made during the administration (under the fiduciary exception to attorney-client privilege), except for opinions of counsel in regards to litigation against the executor (to which a privileged log was required). Thouron Estate (No. 2), 3 Fid.Rep.3d 443 (O.C. Chester 10/16/2013) (Opinion by Tunnell, J.)
The Orphans’ Court denied removal of executor’s counsel after the first and final account for an estate had been filed, because the petition was brought over 5 years after counsel began representing the executor, making the objection waived, and an objection to the account for the reasonableness of attorney fees did not create a conflict (requiring removal) under Pennsylvania Rule of Professional Conduct 1.7(a). Thouron Estate (No. 1), 3 Fid.Rep.3d 435 (O.C. Chester 10/9/2013) (Opinion by Tunnell, J.)
Under a power of attorney, the agent did not keep records of disbursements and receipts; after reconstructing an account, the court surcharged the agent $11,207 for (1) half of property improvements on property jointly owned between principal and agent (for which principal paid all), (2) for half of the rent from that property, and (3) for the profits from the auctioning of the principal’s personalty. The court also considered whether the property of the principal was transferred into joint tenancy between principal and agent for just consideration, which the court found that it had. Gardner Estate, 3 Fid. Rep. 3d 387 (C.P. Clinton 2012):
Agent under power of attorney was compelled to account, which he did, and then filed an action for declaratory judgment that all actions against him for his agency were barred by the statute of limitations, to which the court dismissed; the agent appealed, and the Orphans’ Court explained that the affirmative defense of statute of limitations was raised improperly and that the declaratory judgment was moot, because no party had yet objected to the account. Moskowitz Estate, 3 Fid. Rep. 3d 413 (O.C. Delaware 2012) (Opinion by Cronin, J.)
After allowing revocation of biological mother’s consent to adoption by biological father and his wife, and after appeals by the father to the Superior Court (which directed calculation of counsel fees) and Supreme Court, the Orphans’ Court considered counsel fees and cost for both biological mother’s attorney and for the guardian ad litem (for the minor) provided by the county; having found the biological father’s (and wife’s) actions to be vexatious and obdurate litigants, the court denied the fees and cost for the guardian, because the request was not timely, and granted counsel fees and costs for the attorney of the biological mother for $86,404.44. Baby Girl GD, In re, 3 Fid. Rep. 3d 421 (O.C. Montgomery 2013) (Ott, J.)
Court held that it was not required to consider expert testimony of whether a bond existed between mother and child before terminating parental rights, as it had considered that issue with the evidence presented and had found no such relationship. Adoption of JMSB, 3 Fid. Rep. 3d 354 (O.C. Chester) (Sacavage, J.)
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— Notice —
[York Co. Note to Pa.O.C. Rule 5.1: York County Civil Rule 6210 designates the York Legal Record as the legal periodical for York County. 25 Pa.B. 2048 (5/27/95).]
Rule 5.1.1. Method. Form of Notice.
Except as otherwise provided in these rules or as provided by Act of Assembly, every notice shall contain at least the following information:
(a) the caption of the case;
(b) a description of the nature of the proceeding;
(c) the date, time, and place when the matter is to be heard by the Court to the extent then known;
(d) the name of the decedent, settlor, minor, or incapacitated person, if not disclosed by the caption;
(e) the names and addresses of all fiduciaries; and
(f) the name and address of counsel for each fiduciary.
[Effective 30 days after publication in the Pennsylvania Bulletin. 25 Pa.B. 2048 (5/27/95).]
Rule 5.2.1. Method. When No Fiduciary.
Except where otherwise provided by a rule adopted by the Supreme Court or by an Act of Assembly, notice to a person who is not sui juris and whose interest is not represented by a guardian or trustee shall be given:
(a) to the person, if the person is not sui juris solely by reason of minority but is over fourteen years of age; and
(b) unless the Court by special order shall otherwise direct, to such one or more of the following persons as may exist:
(1) the parents of the person, if the person is an unmarried minor and one or both of the parents are sui juris;
(2) the spouse of the person;
(3) the individual with whom the person resides or by whom the person is maintained;
(4) the superintendent or other official of the institution having custody of the person;
(5) the attorney-in-fact with power to act on behalf of the person under a durable general power of attorney, if known; and
(c) to such other persons as the Court by special order may direct.
[Effective 30 days after publication in the Pennsylvania Bulletin. 25 Pa.B. 2048 (5/27/95).]
Rule 5.3.1. Advance Notice.
In any proceeding in which no preliminary decree is required, the notice may be given in advance of the filing of the petition or other application to the Court. In such case the return of notice required by Rule 5.4 and Local Rule 5.4.1 may be included in or attached to the petition. The Court may direct additional notice whenever that is deemed advisable by the nature of the proceeding or the circumstances.
[Effective 30 days after publication in the Pennsylvania Bulletin. 25 Pa.B. 2048 (5/27/95).]
[York Co. Note to Pa.O.C. 5.4: See Pa.R.C.P. 76 for the definition of “affidavit.” 25 Pa.B. 2048 (5/27/95).]
Rule 5.4.1. Return of Notice. Additional Requirements.
In addition to the requirements of Rule 5.4, the following requirements shall be satisfied:
(a) A copy of the notice required to be given shall be attached to the return.
(b) Return of notice by personal service shall set forth the date, time, place, and manner of service, the identity of the person served, and any other facts necessary for the Court to determine whether proper service has been made.
(c) Return of notice by mail shall set forth the date on which the notice was placed in the mail, the name and address of the person to whom the notice was addressed, and whether the notice was mailed by ordinary mail or by registered or certified mail. In any case where notice is required to be given by registered or certified mail, both the original mailing receipt and the original return receipt signed by or on behalf of the person to be notified shall be attached to the return. If the person making the return has personal knowledge or cause to believe that the notice was not received by the person to be notified, he or she shall so state in the return.
(d) Return of notice by publication shall consist of proof of publication together with an affidavit of publication by the publisher or agent of the publisher.
[Effective 30 days after publication in the Pennsylvania Bulletin. 25 Pa.B. 2048 (5/27/95).]
Evans Law Office
Daniel B. Evans, Attorney at Law
P.O. Box 27370
Philadelphia, PA 19118
Telephone: (866) 348-4250
Email: resources@evans-legal.com
Below is a copy of the local rules of the Philadelphia Orphans’ Court as found on the web site of the Phildelphia Courts.
Evans Law Office
Daniel B. Evans, Attorney at Law
P.O. Box 27370
Philadelphia, PA 19118
Telephone: (866) 348-4250
Email: resources@evans-legal.com
HTML Version Copyright 1995-2025 Daniel B. Evans. All rights reserved.
Title 255 – Local Court Rules
— Schuylkill County —
Amendments to Orphans’ Court Rules
— Order of Court —
And Now, this 4th day of November, 1999, at 2:00 p.m., the Court hereby amends Schuylkill County Orphans’ Court Rules 2.4B and 6.4A. The rules are amended for use in the Court of Common Pleas of Schuylkill County, Pennsylvania (21st Judicial District) and shall be effective for all accounts filed for audit on or after January 15, 2000.
It is further Ordered that said rules as they existed prior to the amendment are hereby repealed and annulled on the effective date of said rules as amended, but no right acquired thereunder shall be disturbed.
The Clerk of the Orphans’ Court of Schuylkill County is Ordered and Directed to do the following:
1. File ten (10) certified copies of this Order and Rules with the Administrative Office of Pennsylvania Courts.
2. File two (2) certified copies of this Order and Rules with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin, together with a diskette reflecting the text in the hard copy version.
3. File one (1) certified copy of this Order and Rules with the Pennsylvania Orphans’ Court Rules Committee.
4. Forward one (1) copy to the Schuylkill County Bar Association for publication in the Schuylkill Legal Record.
5. Keep continuously available for public inspection copies of this Order and Rules.
By the Court
WILLIAM E. BALDWIN,
President Judge
Rule 2.4B. Submission for Audit.
(a) New accounts shall be submitted for audit on the first Wednesday of each month, as advertised pursuant to Sch. Co. O.C. Rule 6.6A.
Rule 6.4A. Accounts. Time for Filing. Confirmation.
(a) Accounts to appear on a particular confirmation list must be filed not later than 4 p.m. of the fifth Wednesday immediately preceding the Wednesday on which it is desired the account shall be submitted to the Court for adjudication and confirmation.
(b) All accounts on the advertised confirmation list will be transmitted to the Court for adjudication and confirmation on the day set forth on the confirmation list; but, in cases requiring the taking of considerable testimony or the hearing of argument on legal questions or in which objections have been filed, a special day for conference or hearing may be fixed.
Evans Law Office
Daniel B. Evans, Attorney at Law
P.O. Box 27370
Philadelphia, PA 19118
Telephone: (866) 348-4250
Email: resources@evans-legal.com