Statewide Judicial Emergency Ended

On June 21, 2021, the Supreme Court entered an order declaring an end to the statewide judicial emergency, and directing that the operation of the Unified Judicial System return to pre-pandemic states as of July 6, 2021. “General Statewide Judicial Emergency; No. 553 Judical Administration Doc.” (6/21/2021), 51 Pa.B. 3604 (7/3/2021).

New Title for Orphans’ Court Rules

On June 10, 2021, the Supreme Court entered an order amending Pa. O.C. Rule 1.1 to change the name of the rules from “Pennsylvania Orphans’ Court Rules” to “Pennsylvania Rules of Orphans’ Court Procedure” (“Pa.R.O.C.P.”), effective October 1, 2021. According to the adoption report, the amendment is part of a number of changes to provide more uniformity among the procedural rules of different courts. “In re: Order Amending Rule 1.1 of the Pennsylvania Rules of Orphans’ Court Procedure,” Supreme Court Rules Docket 871 (6/10/2021), 51 Pa.B. 3443 (6/26/2021).

Previous Ruling not Re-Examined

A previous judge had found that the termination fee claimed by the corporate trustee was reasonable, and a hearing on the issue was not required, so the current court was bound by that earlier decree under the coordinate jurisdiction rule. The objections of the beneficiaries filed in 2009 to an account approved by the beneficiaries in 2001 were properly dismissed as untimely. Boies Est. (No. 2), 11 Fid.Rep.3d 53 (Lackawanna O.C. 2020), on appeal, .

No Surcharge of Corporate Trustee for Failure to Diversify

The corporate trustee will not be surcharged for failing to diversify the investments of a trust when (a) the trust document specifically authorized the retention of the investments used to fund the trust and (b) the trust document directed that the decision of the individual trustee should prevail in any disagreement between the two trustees and the individual trustee repeatedly rejected the recommendation of the corporate trustee that the trust investments be diversified. The corporate trustee also had no duty to communicate to the beneficiaries the disagreement between the individual and corporate trustees. Boies Est. (No. 1), 11 Fid.Rep.3d 41 (Lackawanna O.C. 2020).

Proof of Paternity without DNA Evidence

That the decedent was named as the father of the claimant on her birth certificate, together with testimony that the decedent “held out” the claimant as his daughter by allowing her to reside with him when she was a child, and again for two or three years while she was in high school, that he provided support for her, and that he signed guardianship papers to allow the claimant to live with her aunt, is clear and convincing evidence that the claimant is the child of the decedent under 20 Pa.C.S. § 2107(c)(2) and an intestate heir. Estate of David W. Ackley, Sr., 11 Fid.Rep.3d 35 (Monroe O.C. 2020).

[For a previous opinion denying the administrator’s request that the claimant be required to take a DNA test, see  Ackley, Sr. Estate, 10 Fid.Rep.3d 253, 55 Monroe, No. 41, P. 10 (Monroe O.C. 2020).]

Enforcing Structured Settlement for Minor

Under the Pa. Structured Settlement Protection Act, 40 P.S. §§ 4001-4009, courts are required to supervise all aspects of settlements in which a minor is a party in interest, and an assignment of annuities issued as part of a structured settlement requires the approval of the court that approved the structured settlement. An order by the Orphans’ Court that approved the structured settlement for a minor to consolidate actions in other counties regarding the assignment of annuities issued as part of the settlement, and directing that all annuity payments be made to the court pending a determination of the validity of the assignments, was not an an injunction and was neither a final appealable order nor an appealable order regarding an injunction. Barber v. Stanko, 2021 PA Super 97 (5/14/2021), quashing appeal of, 11 Fid.Rep.3d 11 (Allegheny O.C. 2021).

Award from 9/11 Victim Compensation Fund Not Payable to Spouse

An award from the 9/11 Victim Compensation Fund was not payable to the surviving spouse, despite the language of 20 Pa.C.S. § 2102(2), because it was not payable under the act specified in that section, the Air Transportation Safety and System Stabilization Act, but under a later, different act. In Re: Estate of Richard A. Chennisi, 11 Fid.Rep.3d 22 (Chester O.C. 2021), reversed in part, affirmed in part, and remanded, 2022 PA Super 31, ___ A.3d ___ (2/18/2022).

Compensation of Administrator and Attorney Reduced by Half

The compensation of a lawyer who served as administrator of the estate, submitted a fee agreement to beneficiaries specifying compensation at an hourly rate, and kept hourly time records with specific descriptions of work was nevertheless reduced by more than half, from $11,165.65 to $5,165.65, when the amount originally billed was almost 75% of the estate and the estate was not complicated. Andrews Estate, 11 Fid.Rep.3d 15 (Monroe O.C. 2020).