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Home→Tags Collateral order

Tag Archives: Collateral order

Evenly Divided Supreme Court Affirms Fiduciary Exception to Attorney-Client Privilege

Posted on April 19, 2021 by Daniel EvansMay 24, 2022

In a dispute over legal fees paid by a trustee, the Orphans’ Court had ordered the trustee to turn over to the beneficiaries unredacted invoices for legal fees paid, and an evenly divided Supreme Court has affirmed the order. In … Continue reading →

Posted in Opinions | Tagged Attorney-client privilege, Collateral order, Discovery

Order for Neuropsychological Examination is Constitutional and not Appealable

Court order directing the alleged incapacitated person to submit to an independent neuropsychologic examination for the purpose of determining capacity did not violate the constitutional rights of the person, and the order should be considered interlocutory and not appealable.  Estate of … Continue reading →

Posted in Opinions | Tagged Collateral order, Incapacity, Right of privacy

Discovery of Attorney Invoices not Appealable

In a dispute over legal fees paid by a trustee, the Orphans’ Court ordered the trustee to turn over to the beneficiaries unredacted invoices for legal fees paid and, on appeal, the Superior Court held that the order was not … Continue reading →

Posted in Opinions | Tagged Attorney-client privilege, Collateral order, Discovery

Denial of Petition to Intervene is Appealable

The Supreme Court has held that the denial of a petition to intervene in a child custody proceeding is a collateral order that is appealable as of right under Pa.R.A.P. 313.  K.C. and V.C. v. L.A., 128 A.3d 774, No. 65 … Continue reading →

Laches and Action Against Agent

An action against an agent to recover assets transferred by the agent during the decedent’s lifetime was not barred by the two year statute of limitations under 42 Pa.C.S. § 5524, and was not barred by laches, when there was … Continue reading →

Posted in Opinions | Tagged Collateral order, laches, Pa.R.A.P. 313, Pa.R.A.P. 341, Pa.R.A.P. 342, PEF 5601.2, PEF 5611, Statute of limitations

Pro Se Representation of Estate

Order by trial court directing the administrator of an estate to retain counsel to maintain appeal from tax sale affirmed because (a) the order was a collateral order appealable under Pa. R.A.P. 313, and (b) an administrator may not represent … Continue reading →

Posted in Opinions | Tagged Collateral order, Unauthorized practice of law

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