The Supreme Court has rescinded and replaced guardianship Forms G-02, G-03, and G-05 for annual reports and inventories in order to make them easier to complete accurately. “Order Rescinding and Replacing Pennsylvania Orphans’ Court Forms G-02, G-03, and G-05; No. 929 Supreme Court Rules Docket” (12/16/2022), 52 Pa.B. 8199 (12/31/2022).
Lehigh County has adopted a new Local Rule 4.7-1 mandating electronic filing in the Orphans’ Court, to be effective 30 days after publication. “Orphans’ Court Rules; File No. AO 2022-0002,” 52 Pa.B. 7920 (12/24/2022).
Montgomery County has increased the monthly fees of currently serving court-appointed professional guardians for incapacitated individuals who receive a medical assistance long-term care grant to $300.00 per month, effective January 1, 2023. “Increase of Fees for Court-Appointed Guardians of Medical Assistance Long-Term Care Recipient Incapacitated Persons,” 52 Pa.B. 7921 (12/24/2022).
The Act of November 3, 2022, No. 106, P.L. 1691, amends 23 Pa.C.S. § 3323 to require that divorce decrees and annulment orders include a provision advising the parties to reaffirm or change beneficiary designations for life insurance policies, annuity contracts, retirement plans, and other contracts if there is an intention to keep a former spouse as a beneficiary, and that failure to do so may result in the revocation of the beneficiary designation for the former spouse under 20 Pa.C.S. § 6111.2.
The Act of November 3, 2022, No. 152, P.L. 2145, amends the Charitable Gift Annuity Exemption Act (No. 127 of 1996) to allow charities to purchase “de-risking annuity contracts” from insurance companies to make the payments required by charitable gift annuity contracts between charities and donors.
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— Short Term Rates for 2022 —
| Month | Annual | Semiann. | Quarterly | Monthly |
|---|---|---|---|---|
| Jan. | 0.44% | 0.44% | 0.44% | 0.44% |
| Feb. | 0.59% | 0.59% | 0.59% | 0.59% |
| March | 0.97% | 0.97% | 0.97% | 0.97% |
| April | 1.26% | 1.26% | 1.26% | 1.26% |
| May | 1.85% | 1.84% | 1.84% | 1.83% |
| June | 2.21% | 2.20% | 2.19% | 2.19% |
| July | 2.37% | 2.36% | 2.35% | 2.35% |
| Aug. | 2.88% | 2.86% | 2.85% | 2.84% |
| Sept. | 3.05% | 3.03% | 3.02% | 3.01% |
| Oct. | 3.40% | 3.37% | 3.36% | 3.35% |
| Nov. | 4.10% | 4.06% | 4.04% | 4.03% |
| Dec. | 4.55% | 4.50% | 4.47% | 4.46% |
— Mid Term Rates for 2022 —
| Month | Annual | Semiann. | Quarterly | Monthly |
|---|---|---|---|---|
| Jan. | 1.30% | 1.30% | 1.30% | 1.30% |
| Feb. | 1.40% | 1.40% | 1.40% | 1.40% |
| March | 1.74% | 1.73% | 1.73% | 1.72% |
| April | 1.87% | 1.86% | 1.86% | 1.85% |
| May | 2.51% | 2.49% | 2.48% | 2.48% |
| June | 2.93% | 2.91% | 2.90% | 2.89% |
| July | 2.99% | 2.97% | 2.96% | 2.95% |
| Aug. | 3.15% | 3.13% | 3.12% | 3.11% |
| Sept. | 2.93% | 2.91% | 2.90% | 2.89% |
| Oct. | 3.28% | 3.25% | 3.24% | 3.23% |
| Nov. | 3.97% | 3.93% | 3.91% | 3.90% |
| Dec. | 4.27% | 4.23% | 4.21% | 4.19% |
— Long Term Rates for 2022 —
| Month | Annual | Semiann. | Quarterly | Monthly |
|---|---|---|---|---|
| Jan. | 1.82% | 1.81% | 1.81% | 1.80% |
| Feb. | 1.92% | 1.91% | 1.91% | 1.90% |
| March | 2.14% | 2.13% | 2.12% | 2.12% |
| April | 2.25% | 2.24% | 2.23% | 2.23% |
| May | 2.66% | 2.64% | 2.63% | 2.63% |
| June | 3.11% | 3.09% | 3.08% | 3.07% |
| July | 3.22% | 3.19% | 3.18% | 3.17% |
| Aug. | 3.35% | 3.32% | 3.31% | 3.30% |
| Sept. | 3.14% | 3.12% | 3.11% | 3.10% |
| Oct. | 3.43% | 3.40% | 3.39% | 3.38% |
| Nov. | 3.92% | 3.88% | 3.86% | 3.85% |
| Dec. | 4.34% | 4.29% | 4.27% | 4.25% |
The Orphans’ Court Procedural Rules Committee has published a new proposal for a rule for Registers of Wills for the disclosure of the digital assets of a decedent to the personal representative of the decedent’s estate in accordance with 20 Pa.C.S. § 3908. “Proposed Adoption of Pa.R.O.C.P. 10.7,” 51 Pa.B. 7362 (12/3/2022).
This proposal supersedes a previous proposal for a Rule 10.7 which would have consisted of a cross-reference to 20 Pa.C.S. § 3908. That proposal was opposed by the Pennsylvania Bar Association.
Comments on the new proposal may be submitted on or before February 17, 2023.
For additional information about digital assets and the procedures for accessing those assets, see “Fiduciary Access to Digital Assets” (7/27/2020).
Trustee was not in contempt for preparing and filing an account that did not comply with the Rules of Orphans’ Court Procedure, but a surcharge was imposed “to uphold the authority of the Court,” although the fees of the CPA who prepared both the improper and revised account were held to be reasonable and properly paid by the trust. The trustee engaging her husband as a real estate agent to sell a property was not an act of self-dealing, but was negligent because her husband did not have sufficient experience, and so a surcharge equal to his commission was imposed, but no surcharge was imposed for the trustee’s failure to seek or anticipate a zoning change that increased the value of the property, the court finding the sale price to be reasonable. A surcharge was imposed for legal fees incurred in a separate civil action against the objector that was withdrawn with prejudice. Property management fees paid by the trustee to herself were approved. Della Franzia Real Estate Trust, 12 Fid.Rep.3d 447 (Bucks O.C. 2022).
The settlor of an irrevocable trust, who retained no interests in the trust, did not have standing to participate in proceedings regarding the account filed by, and possible removal of, the trustee, and the decision upholding preliminary objections to dismiss the settlor’s pleadings was not a final or appealable order. Middleton Trust, 12 Fid.Rep.3d 478 (Montgomery O.C. 2022), appeal quashed, 2024 PA Super 54 (3/25/2024). The settlor also did not have standing in an action brought by a beneficiary to challenge the appointment of a trustee or a change in situs of another trust for the same beneficiary, and the dismissal of the settlor’s answer and new matter was not an appealable order. Middleton Trust, 12 Fid.Rep.3d 543 (Montgomery O.C. 2022), appeal quashed, 2449 EDA 2022 (Pa. Super. 3/21/2024) (non-precedential).
[Note: The two opinions are similar, dealing with similar issues but different actions involving different trusts with the same settlor and the same beneficiary. The original version of this summary and this note did recognize those differences.]
Provision of will directing that the shares of beneficiaries receiving governmental “need-based benefits” shall instead be paid to any existing “special needs trust” for the beneficiary or, if there is no trust, the share shall lapse and be distributed as part of the residuary estate, was applied to two of four beneficiaries of a residuary trust, so that the trust income would be distributed to only the other two beneficiaries. Manno Estate, 12 Fid.Rep.3d 489 (Lycoming O.C. 2022)