Orphans’ Court has power under 20 Pa.C.S. § 5536(b) to approve changes to an incapacitated person’s will or trusts that would disinherit persons currently included as beneficiaries. Navarra Estate, 6 Fid.Rep.3d 368 (O.C. Lawrence Co. 4/29/2016).
(For the later decision in which the court did approve a change to the incapaciated person’s will, see 7 Fid.Rep.3d 39.)
Trial courts have discretion in the management of cases before them, and orders allowing interim distributions, and attempting to provide a procedure to deal with objections to deposition questions and to try to discourage an obdurate litigant from attempting to relitigate issues that had already been decided in 30 years of litigation, were not abuses of discretion and were interlocutory orders that are not appealable. Mumma Estate, 6 Fid.Rep.3d 352 (O.C. Cumberland Co. 6/14/2016), appeal quashed, No. 730 MDA 2016 (Pa. Super. 2/13/2017).
Orphans’ Court has jurisdiction to review account of nonprofit corporation providing health care services, but its review under 20 Pa.C.S. § 711(21) and Pa. Rule of Judicial Administration 2156 is limited to whether the corporation has failed to comply with any law regulating the affairs of nonprofit corporations. Claim that the nonprofit corporation is not providing sufficient charitable services to satisfy the definition of a “public charity” is a tax issue outside of the scope of review. In re Lehigh Valley Health Network, Inc., 6 Fid.Rep.3d 332 (O.C. Lehigh Co., 6/10/2016).
Parental rights of father terminated when newborn child was conceived as the result of “statutory sexual assault” (formerly known as “statutory rape”) to which father pled guilty, and father knew of the child’s birth but failed to make reasonable efforts to maintain contact with the child for a period of more than four months preceding filing the of the petition or provide any financial support. Adoption of Baby Girl R., 6 Fid.Rep.3d 325 (O.C. Berks Co. 5/5/2016), aff’d sub nom. In re: Adoption of B.G.R., No. 563 MDA 2016 (Pa. Super. 10/19/2016) (affirmed on grounds of lack of effort to maintain contacts with child and issue of statutory sexual assault not decided; non-precedential).
After second wife of decedent had the remains of her late husband disinterred from his original grave and reburied at a different cemetery, the petition of the decedent’s children to have their father disinterred a second time and reburied in the first cemetery was denied, the court finding that the wife was entitled to rely on the decision of the local registrar that she was the only “next of kin” whose consent was needed to issue a disinterment permit. McCarthy et al. v. McCarthy, 6 Fid.Rep.3rd 315 (O.C. Lawrence Co. 6/10/2016), aff’d, No. 1013 WDA 2016 (Pa. Super. 4/17/2017) (non-precedential).
Trustee not surcharged for sale of property below assessed value because after two years of attempting to sell the property, which was in deteriorating condition, the acceptance of the highest bid at a public auction was reasonable. The trustee was also not surcharged for failing to give notice to the other beneficiaries of their right of first refusal to purchase the property at the sale price because the lack of notice caused no harm; all of the beneficiaries were already aware of the right of first refusal and the results of the auction, and there was no evidence that any of them wished to exercise the right. Perry Estate, 6 Fid.Rep.3rd 309 (O.C. Jefferson Co. 7/18/2016).
Adoption of child by foster parents was found to be in the best interests of the child, and adoption petitions by paternal grandmother and paternal great aunt were denied, even though the child’s brother lived with the grandmother, the court finding no bond between the siblings and expressing concerns about the mental stability of the grandmother’s paramour and the grandmother’s role in public accusations and threats against the foster parents. Adoption of B.N.M., 6 Fid.Rep.3rd 289 (O.C. Berks Co. 4/15/2016), aff’d, No. 372 MDA 2016 (Pa. Super. 10/19/2016) (non-precedential).
Probate of copy of will upheld, even though will was in the possession of the testator and presumed to have been destroyed with the intention of revoking it, based on the credible testimony of two disinterested witnesses that interested parties admitted to destroying the will in testimony before the Register, and testimony of disinterested witnesses confirming that the contents of the copy matched the contents of the will signed by the testator. McCoy Will, 6 Fid.Rep.3rd 281, No. 204 AP of 2016 (O.C. Philadelphia Co. 7/13/2016).
Parental rights of father will be terminated when father has failed to perform parental duties for at least six months, had no contact with the child or the child’s mother for five years, the step-father wishes to adopt the child, and the child identifies the step-father as her father. Adoption of N.R.S., 6 Fid.Rep.3rd 273 (O.C. Cumberland Co. 3/21/2016).
Decedent who committed suicide had capacity to execute handwritten codicil in favor of neighbors despite evidence of depression and hoarding, and there was no evidence of a confidential relationship with the neighbors to support a claim of undue influence. Hunter Estate, 6 Fid.Rep.3d 257 (O.C. Montgomery Co. 6/16/2016) (opinion by Murphy, J.).