Philadelphia has adopted new local Orphans’ Court rules on determining title to real estate under 20 Pa.C.S. § 3546, discovery, and the appointment of counsel for the alleged incapacitated person in guardianship proceedings. “Adoption of Philadelphia Court of Common Pleas … Continue reading
Tag Archives: Discovery
Following the holding of the Superior Court confirming that the fiduciary exception to attorney-client privilege did not allow a trustee to withhold documents in discovery, the Orphans’ Court held that new claims of attorney-client privilege based on exceptions to the … Continue reading
The agent for the deceased principal filed an account that showed the same rounded expenses each month, the agent failed to comply with discovery orders to provide financial records, and the agent failed to appear at the hearing on the … Continue reading
Cumberland County has adopted a new local rule for discovery in its Orphans’ Court, as well as other local rules for civil actions, and custody and divorce proceedings. “Local Rules; Civil Term; 96-1335 Civil” (1/22/2025), 55 Pa.B. 904 (2/1/2025); “Local … Continue reading
It was not an abuse of discretion for the Orphans’ Court to sustain objections to a notice of intention to issue a subpoena when the subpoena would be issued after the deadline for discovery had passed, and it was not … Continue reading
In litigation over the compensation and expenses of trustees of a charitable trust, the Orphans’ Court denied enforcement of interrogatories by the trustees addressed to the Attorney General which requested information about admissions and the purposes of expenses because the … Continue reading
Motion for protective order was granted, and the deposition of the objector was denied, in order to avoid unnecessary delays and protect the beneficiary of the estate from additional attorney fees and litigation costs. Logue Estate, 11 Fid.Rep.3d 273 (Lycoming … Continue reading
A motion to allow the deposition of possible witnesses that was made seven months after the witnesses were identified in supplemental answers to interrogatories, five months after the close of discovery, a month after receiving the other party’s pretrial memorandum, … Continue reading
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
On an appeal from probate, petitioner failed to answer discovery requests and was sanctioned by being barred from introducing evidence of undue influence or lack of capacity. For the remaining allegations of fraud and forgery, the petitioner did not present … Continue reading