The court refused to stay its review of the account of the trustees (based on in rem jurisdiction) while an action against the same trustees for tortious conduct in the administration of the trust (based on personal jurisdiction) was pending … Continue reading
Tag Archives: Jurisdiction
The Civil Division has jurisdiction over a contractual claim against an estate and its executor, but the trial court erred in “piercing the corporate veil” and finding an executor-beneficiary personally liable for debts incurred by a corporation of which the … Continue reading
Both the Orphans’ Court of the county where letters of administration were issued and the Civil Division of the county in which the administrator brought a wrongful death and survivor action have jurisdiction over issues relating to the distribution of … Continue reading
Court does not have jurisdiction to enforce a family settlement agreement that settled an estate within the jurisdiction of a different county. Robinson v. Robinson, 7 Fid.Rep.3d 69 (O.C. Cumberland Co. 2016). … Continue reading
The court lacks jurisdiction to determine incapacity when Pennsylvania is not the “home state” of the incapacitated person under the Uniform Adult Guardian and Protective Proceedings Jurisdictional Act (20 Pa.C.S. 5901 et seq.) and an agent under a power of … Continue reading
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 … Continue reading
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 … Continue reading
I feel somewhat vindicated by a recent order of the Supreme Court, which confirms my opinion that In re Estate of Briskman, 808 A.2d 928, 2002 PA Super 287 (2002), was wrongly decided. In Briskman, the Superior Court found that … Continue reading
The Orphans’ Court refused to enter a judgment on an arbitration award when the petitioner failed to identify the arbitrator, the date and place of the arbitration hearing, and the details of the notice or service used to establish jurisdiction … Continue reading
Orphans’ Court had no in personam (personal) jurisdiction over administrator of Virginia estate who resided in New Jersey, and the court could not order the distribution of assets of the Virginia estate to the personal representative of a Pennsylvania beneficiary. … Continue reading