In-house legal opinions relating to the exercise of trustee discretion were not protected by attorney-client privilege and are subject to discovery by beneficiaries seeking to remove the trustee. Warriner Trusts, 6 Fid.Rep.3rd 223 (O.C. Susquehanna Co. 5/4/2016).
Upon preliminary objections to a complaint filed in the Civil Division alleging abuse of a power of attorney, the action was transferred to the Orphans’ Court, which has exclusive jurisdiction under 20 Pa.C.S. § 711(22). Preliminary objection alleging that the plaintiff was incapacitated was dismissed because it would be a denial of due process without following the standards of 20 Pa.C.S. § 5501, and a demurrer as to misuse of funds from a joint account was denied, because the mere fact that the defendant’s name is on the account does not allow the defendant to withdraw funds for his own benefit, citing 20 Pa.C.S. 6303(a). Hawk v. Gelnette and Hawk, 6 Fid.Rep.3rd 219 (Jefferson Co. C.P. 3/17/2016).
Columbia and Montour Counties have adopted new local Orphans’ Court rules, to be effective 30 days after publication. “Business of the Courts; Case No. X of 2016,” 46 Pa.B. 7255 (11/19/2016).
Northampton County has published an administrative order setting forth conditions for written depositions of expert testimony in incapacity proceedings. “Presentation of Expert Testimony by Written Deposition to Support a Finding of Incapacity in Guardianship Hearings; Administrative Order 2016-01,” 46 Pa.B. 6826 (Northampton Co. 10/29/2016).
Northampton County has published an administrative order providing additional requirements for adoption petitions filed on or after September 1, 2016. “Additional Requirements for Adoptions Petitions; Administrative Order 2016-02,” 46 Pa.B. 6825 (Northampton Co. 10/29/2016).
York County has published new fee schedules for the Register of Wills and Clerk of the Orphans’ Court, to be effective January 1, 2017. “Fee Bill for the Office of the Register of Wills and Clerk of Orphans’ Court; No. 67-01-0007,” 46 Pa.B. 5728 (York Co. 9/3/2016).
Beaver County has published a new Local O.C. Rule 15.1 relating to the assignment of judges in dependency proceedings, termination of parental rights, and adoptions. “Local Rules of Orphans’ Court; No. 10013 of 2016,” 46 Pa.B. 5894 (Beaver Co. 9/17/2016).
Montgomery County has published new fees schedules for the Register of Wills and the Orphans’ Court. Both schedules are effective 1/1/2017.
“Fees of Register of Wills,” 46 Pa.B. 8032 (Montgomery Co. 12/24/2016).
“Fees of Clerk of Orphans’ Court,” 46 Pa.B. 8031 (Montgomery Co. 12/24/2016).
Chester County has published new fees schedules for the Register of Wills and the Orphans’ Court. Both schedules are effective 2/1/2017. “Fee Bill for the Office of Register of Wills and Clerk of Orphans’ Court,” No. 1516-9999, 46 Pa.B. 8027 (Chester Co. 12/24/2016).
Pennsylvania courts have jurisdiction to dissolve a Vermont civil union because it is the “functional equivalent” of marriage. Neyman v. Buckley, 2016 PA Super 307 (12/28/2016). (The Montgomery Co. Court of Common Pleas had reached the opposite conclusion in Corrado v. Musto, 6 Fid.Rep.3d 237, 153 Montg. 173, No. 2015-14981 (Fam.Div., 9/24/2015), app. discontinued, 3101 EDA 2015.)