Lawrence County has published a new fee schedule for the Register of Wills to reflect the $4.75 increase in the Judicial Computer Project fee that became effective 11/30/2017. “Register of Wills; O.C. No. 90193/17 ADM” (Lawrence Co. 11/16/2017), 47 Pa.B. 7444 (12/9/2017).
Eight more counties have adopted public access rules to comply with Section 7 of the Public Access Policy of the Unified Judicial System of Pennsylvania, which applies to the Clerks of the Orphans’ Courts.
“Adoption of Local Rules Regarding Public Access Policy Case Records of the Trial Court; No. 1194 CD 2017” (Clarion Co. 11/15/2017), 47 Pa.B. 7439 (12/9/2017).
“Adoption of Local Rule of Judicial Administration 200; Misc. Doc. No. 2017-4415” (Franklin Co. 11/21/2017), 47 Pa.B. 7443 (12/9/2017).
“Adoption of Local Rule of Judicial Administration 200; Misc. Doc. No. 27-2017” (Fulton Co. 11/21/2017), 47 Pa.B. 7443 (12/9/2017).
“Local Rule 101 of Judicial Administration; CP-44-CV-2-2017” (Mifflin Co. 11/22/2017), 47 Pa.B. 7446 (12/9/2017).
“Pennsylvania Supreme Court Public Access Policy Local Procedure; 5 AD 2017; 51 ADM” (Monroe Co. 11/15/2017), 47 Pa.B. 7446 (12/9/2017).
“Adoption of Local Rule of Judicial Administration 520*—Public Access Policy; No. 2017-00001” (Montgomery Co. 11/21/2017), 47 Pa.B. 7448 (12/9/2017).
“Adoption of Local Rule of Orphans’ Court 1.99A— Confidential Information and Confidential Documents. Certification; Rescission of Local Rule of Orphans’ Court 4.7A(g)—Electronic Filing of Legal Papers” (Montgomery Co. 11/21/2017), 47 Pa.B. 7448 (12/9/2017).
“Judicial Administration Public Access Policy Local Rule 102; No. 213 MS 2017” (Tioga Co. 11/21/2017), 47 Pa.B. 7450 (12/9/2017).
“Adoption of Local Rules Re Public Access; CIV No. 1259-2017” (Venango Co. 11/14/2017), 47 Pa.B. 7451 (12/9/2017).
A person denied benefits from a municipal pension fund after a finding by a hearing board that a common law marriage was not proven, from which no appeal was made to the Court of Common Pleas, cannot later obtain a judgment in the Orphans’ Court that a common law marriage existed, and the 0% spousal inheritance tax rate applies, and then use that judgment to force payment of the benefits previously denied. In re: Estate of John F. Pancari Sr., 1304 C.D. 2016 (Pa. Cmwlth. 12/8/2017).
Legal action cannot be filed against the “estate” of a decedent, but only the personal representatives of the estate, and so an action filed against an estate is a nullity and a personal representative of the estate cannot be substituted as the defendant after the statute of limitations has expired. Wilkinson v. Knight, 7 Fid.Rep.3d 336 (Crawford Co. C.P. 2017).
The decedent and his fiance obtained a marriage license, and their marriage was valid even though the marriage ceremony was conducted by a friend who was ordained over the Internet by “First Nation Church and Ministry” and the marriage certificate was not properly filed with the Clerk of the Orphans’ Court. Zimmerman Estate, 7 Fid.Rep.3d 330 (Montgomery Co. O.C. 2017).
In accounting filed for husband’s estate, Orphans’ Court had no jurisdiction over funds previously awarded to wife as compensation for wrongful death and loss of consortium but erroneously paid to husband’s estate, and so ordered the personal representatives to file an amended account excluding those funds, after which the court may determine whether wife’s estate has standing to object to the account. Truax Estate, 7 Fid.Rep.3d 327 (Franklin Co. O.C. 2017).
Counsel fees of $25,000 were properly imposed under 42 Pa.C.S. § 2503(7) and (8) on a party as sanctions for dilatory, obdurate, and vexatious conduct in continuing to pursue matters that were without merit and were previously decided. Mumma Estate, 7 Fid.Rep.3d 323 (Cumberland Co. O.C. 2017), appeal quashed, 319 MDA 2017 (Pa. Super. 10/2/2017).
(For previous decisions involving this same party, see 4 Fid. Rep. 3d 384 and 6 Fid.Rep.3d 352.)
Executor commissions and legal fees paid by insolvent estate to the son of the decedent will be reduced when the legal fees were in great measure incurred to defend the estate from a claim of surcharge against the decedent who was the executor and attorney for another estate (Blackmore Estate, 6 Fid.Rep.3d 170 and 6 Fid.Rep.3d 250). Durkin Estate, 7 Fid.Rep.3d 320 (Lackawanna Co. O.C. 2017)
An agent under of a power of attorney did not have a duty to claim an elective share of the estate of a deceased spouse when the surviving spouse was entitled to a gift in trust equal to the elective share, even though the gift in trust was not an “available resource” because it would not be part of the surviving spouse’s estate for purposes of the Estate Recovery Program and the Department of Human Services would be unable to recover medical assistance provided to the surviving spouse. Bond Estate, 7 Fid.Rep.3d 313 (York Co. O.C. 2017).
The transfer of more than $6 million to a joint account with the decedent’s wife six years before the decedent’s death was not invalid due to lack of testamentary capacity and was not the product of undue influence, notwithstanding that the wife had a power of attorney and the decedent was suffering from dementia. Hill Estate, 7 Fid.Rep.3d 289 (Montgomery Co. O.C. 2017).