Seal Denied for Allocation of Settlement Proceeds

Petition to seal proceedings to allocate settlement between wrongful death and survival actions was denied in the absence of a showing that disclosure would work a clearly defined and serious injury to the parties, who only alleged that the “substantial settlement” might encourage other claims against the defendant hospital. Providencia Barreto Lopez Estate, 9 Fid.Rep.3d 166 (Chester O.C. 2019).

Audit of Account Not Stayed for Action in Another State

The court refused to stay its review of the account of the trustees (based on in rem jurisdiction) while an action against the same trustees for tortious conduct in the administration of the trust (based on personal jurisdiction) was pending in another state. Frederick A. Stahl Trusts, 9 Fid.Rep.3d 161 (Monroe O.C. 2019).

Both Co-Administrators Removed for Conflict

The court exercised its discretion to summarily remove both co-administrators when both had filed pleadings to remove the other, finding that an evidentiary hearing would result in delay as well as unnecessary fees and expenses, and that the discord was not likely to end by removing only one of them. Estate of Robert Johnson, 9 Fid.Rep.3d 245, No. 62DE of 2017 (Philadelphia O.C. 7/9/2019).

Hearing Required on Enforcement of In Terrorem Clause

It was an abuse of discretion and a denial of due process to deny a hearing on whether the contestant to a will had probable cause to challenge the validity of the will when the probate appeal was dismissed on a compulsory nonsuit following the close of the contestant’s case and the proponents of the will did not have an opportunity to present evidence. The existence of the in terrorem clause was not a defense to the will contest and did not need to be included in a new matter. Including the forfeiture issue in the new matter that was filed did not require the proponents to request a bifurcation or present evidence before moving for a nonsuit.  Powell Estate, 2019 PA Super 140 (5/1/2019), vacating and remanding, 8 Fid.Rep.3d 147 (Philadelphia Co. O.C. 2018).

Montgomery County Guardianship Rules Adopted

Montgomery County has adopted new guardianship rules, to be effective 30 days after publication in the Pennsylvania Bulletin. “Adoption of Local Rules of Orphans’ Court 14.2—Petition for Adjudication of Incapacity and Appointment of a Guardian of the Person or Estate of an Incapacitated Person; Local Rule 14.2(a)(17)—Petition Contents; Local Rule 14.2(b-1)—Required Certification and Criminal Background Check of Guardians; Local Rule 14.2(c)(5)-(6)—Exhibits; and Local Rule 14.2(f)—Notice” (Montgomery Co. 6/19/2019), 49 Pa.B. 3603 (7/13/2019).