Lease agreement with option to purchase, that did not specify a purchase price but instead stated that the purchase price would be based on an appraisal to be obtained, did not violate the statute of frauds and the lessee-purchaser was entitled to specific performance. Horack Estate, 7 Fid.Rep.3d 125 (Monroe Co. O.C. 2016).
Northampton County has adopted new local Orphans’ Court rules, to be effective November 13, 2017. “Administrative Order Orphans’ Court Rules; OC Admin Order No. 2017-002” (10/2/2017), 47 Pa.B. 6478 (10/21/2017).
The Supreme Judicial Court of Massachusetts has held that the federal Stored Communications Act (18 U.S.C. §§ 2701 et. seq.) does not prohibit Internet service providers from providing access to the digital assets of a decedent to the personal representatives of the decedent’s estate. Ajemian v. YAHOO!, 478 Mass. 169 (2017), No. SJC-12237 (Mass. 10/16/2017).
Note: This appears to be the first case to address this issue, and hopefully other courts will follow suit. The decision does not mean that personal representatives are entitled to access to the decedent’s digital assets, but only that federal law does not prohibit access. It therefore removes the primary obstacle to the implementation of the Revised Uniform Fiduciary Access to Digital Assets Act, which has been enacted in a number of states and is currently pending in the Pennsylvania legislature as S.B. 827.
A son’s petition to have his 91 year old mother declared incapacitated was denied when the son had a power of attorney for his mother and controlled her finances, so that it was unlikely that his mother would become the victim of designing persons, and there was insufficient evidence that his mother was unable to care for herself, or that there were medical conditions requiring frequent monitoring by a physician. In re D.G., Alleged Incapacitated Person, 7 Fid.Rep.3d 116 (O.C. Berks Co. 2016).
A claim to unclaimed property held by the Pennsylvania Treasury was properly denied when the property was a joint account in the names of the claimant’s mother and half-sister, the mother predeceased the half-sister so that the account became the sole property of the half-sister, and the claimant was not an heir to the half-sister because she was survived by her father. Morris v. Pa. Treasury Dept., Bureau of Unclaimed Property, 152 A.3d 1083, 7 Fid.Rep.3d 112, 668 C.D. 2016 (Pa. Cmwlth. 2016).
The administrator of the deceased settlor’s estate has standing to request the appointment of a temporary trustee when the trust was for the settlor’s benefit during his lifetime, the estate may have assets within the real properties held in the trust, and the settlor had been contesting the validity of the trust, but the request for a temporary fiduciary was denied when the trustee has engaged counsel and a property manager in order to properly manage the properties. Altemose Trust, 7 Fid.Rep.3d 99 (O.C. Monroe Co. 2016).
Potter County has adopted a number of new local rules, including two local Orphans’ Court rules for adoption proceedings. “Local Rules; No. 113 of 2017 Misc. Division” (Potter Co. 9/13/2017), 47 Pa.B. 6192 (10/7/2017).
Huntingdon County has adopted a Public Access Policy affecting access to records of the Orphans’ Court. “Public Access Policy of the Huntingdon County Court of Common Pleas; Case Records; No. CP-31-MD-198-2017; AO No. 1-2017” (9/20/2017), 47 Pa.B. 6187 (10/7/2017).
Fayette County has adopted a new local rule of judicial administration requiring compliance with the public access policy of the Unified Judicial System of Pennsylvania. “Public Access Policy; Case Record of the Trial Courts; F.C.R.J.A. 102; No. 2062 of 2017GD” (Fayette Co. 9/18/2017), 47 Pa.B. 6186 (10/7/2017).
Dauphin County has promulgated several changes to its local rules regarding the confidentiality of information filed with the court, including the Orphans’ Court, amending local Rule of Judicial Administration 101 and 102 and local Orphans’ Court Rule 1.8(c). “Promulgation of Local Rules; No. 1793 S 1989, 2217-0001; 1372 MD 2017” (Dauphin Co. 9/22/2017), 47 Pa.B. 6184 (10/7/2017).