The Orphans’ Court was justified in imposing counsel fees to an estate for “vexatious, arbitrary, and obdurate” conduct by claimants when the claims were for an unconscionable and unenforceable penalty clause in a contract and for rent under a lease … Continue reading
Tag Archives: Rules of Appellate Procedure
The appeal from the court’s order approving the sale of the decedent’s residence should be quashed because the appellant’s “concise statement of errors” does not specify which order is being appealed, and the “rambling” statement failed to set forth any … Continue reading
A judgment declaring a power of attorney to be invalid and ordering the purported agent to return property to the estate of the decedent is a final appealable order, but the appeal will be dismissed when the record on appeal … Continue reading
The Pa. Rules of Appellate Procedure have been amended to define “Orphans’ Court appeal,” provide a new rule for determining the date on which Orphans’ Court orders have been entered, and require that the notice of appeal from the Orphans’ … Continue reading
The decedent’s granddaughter, who was not a beneficiary under the contested will and was not an intestate heir because her mother (the decedent’s daughter) was still living, had standing to challenge the will offered for probate by her mother because … Continue reading
The Administrative Office of the Pennsylvania Courts has announced that, beginning on Monday, October 2, 2023, appellate briefs that have been filed for cases in the Supreme, Superior, and Commonwealth Courts will be available for viewing through the UJS Web … Continue reading
The various procedural rules committees have proposed a number of new and amended rules, including Orphans’ Court rules, to establish uniform procedures for the Servicemembers Civil Relief Act (”SCRA”), 50 U.S.C. §§ 3901 et seq., and the Military and Veterans Code (”Code”), … Continue reading
A pro se appellant’s statement of issues on appeal which was 32 pages long and a “discursive, argumentative, and incoherent rant” violates R.A.P. 1925(b) and should be considered to waive all issues. The appeal should also be dismissed on its … Continue reading
Amendments to Pa. Rule of Appeallate Procedure 126 have been proposed that would clarify the treatment of unpublished or non-precedential opinions. “Proposed Amendments to Pa.R.A.P. 126,” 47 Pa.B. 7 (App. Ct. Proc. Rules Com. 1/7/2017). … Continue reading
The failure of the Department of Revenue to appear at the hearing of an inheritance tax appeal in the Orphans’ Court or otherwise participate in the decision of that court operated as a waiver of all issues before that court … Continue reading