Evans Estate Law Resources

Lawyer-Executor Compensation for Legal and Non-Legal Tasks

Executor commissions and attorney fees paid to deceased lawyer who did not complete administration of estate were reduced by fees paid to accountant, and further reduced from $121,000 (more than 5% of $1.16 million estate) to $44,000 to apply different rates to legal services and “ordinary tasks” that someone not trained in law could perform. Blackmore Estate, 6 Fid.Rep.3rd 250 (O.C. Lackawanna Co. 3/15/2016).

(For earlier opinion ordering deceased lawyer’s son to provide additional information about the work done by his father, see Blackmore Estate, 6 Fid.Rep.3d 170 (O.C. Lackawanna Co. 3/8/2016).

Parental Rights Terminated

Termination of parental rights was appropriate when there was clear and convincing evidence that father had failed to acquire proper housing and income and had failed to successfully address his substance abuse issues, and when termination would serve the best interests of the child, who had bonded to her foster family. In re K.R.T., 6 Fid.Rep.3rd 228 (O.C. Bucks Co. 5/25/2016), aff’d No. 1376 EDA 2016 (Super. 11/16/2016) (non-precedential).

Discovery of Legal Advice to Trustee

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).

Misuse of Power of Attorney and Joint Account

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 Co. Local O.C. Rules

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 Incapacity Depositions

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 Adoption Petitions

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 Fees

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 Co. Local O.C. Rule 15.1

Posted on December 30, 2016 by Daniel EvansDecember 30, 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 Co. Fees

Posted on December 29, 2016 by Daniel EvansDecember 29, 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).