News & Analysis as of

Orphan's Courts

McNees Wallace & Nurick LLC

Franklin and Fulton Counties Enact a New Local Rule Requiring a Guardianship Acknowledgment Form and Rescind Other Local Rules

On April 17, 2024, President Judge Shawn D. Meyers signed an Order adopting a new Local Rule for Franklin and Fulton counties, which is codified at 39th Jud.Dist.O.C. Rule 14.8.1. This new Local Rule requires the completion...more

Stevens & Lee

Litigator Beware! It’s Different “Over There”

Stevens & Lee on

“Over there” in this context refers to the Orphans’ Court – theoretically a “division” of the Court of Common Pleas (the trial court) in each Pennsylvania county. Orphans’ Court matters include adoptions, name changes, will...more

McNees Wallace & Nurick LLC

Amending Charitable Trusts with Pennsylvania’s Charitable Instruments Act

With the pace of bank mergers and consolidations showing no signs of slowing down anytime soon, trust officers and administrators continue to be tasked with reviewing the past administration of old trusts and integrating the...more

McNees Wallace & Nurick LLC

Are Alternative Fee Arrangements the Future of Attorney’s Fees Arrangements in Orphans’ Court Litigation?

The 2016 amendments to the Pennsylvania Supreme Court Orphan’s Court Rules brought a slight shift in Orphan’s Court litigation. Aiming to provide a uniform standard of practice, the new Rules closely align with the...more

McNees Wallace & Nurick LLC

Public Access Policy Requirements Begin January 6, 2018

Effective on January 6, 2018, the PA Supreme Court’s “Public Access Policy” adds significant new requirements related to information contained in documents filed in Pennsylvania’s courts, including the Orphans’ Court Division...more

McNees Wallace & Nurick LLC

Win One for the Fiduciary – The PA Supreme Court Clarifies the Interplay of UTA Provisions

As counsel to fiduciaries across our great Commonwealth, I was beginning to despair that changing one’s trustee was becoming as easy as changing the oil in one’s car. In the seminal case of Trust Under Agreement of Edward...more

McNees Wallace & Nurick LLC

Orphans' Court Update - The Fiduciary Exception to the Attorney Client Privilege

The Attorney Client Privilege is sacrosanct. It is the one privilege that Courts consistently uphold. So, it may surprise you to learn that there is a long-standing fiduciary exception to the attorney client privilege....more

McNees Wallace & Nurick LLC

New and Revised Orphans' Court Rules to be Recommended

As part of an ongoing effort to standardize and clarify the rules that govern Orphans' Court practice, the Orphans' Court Procedural Rules Committee intends to recommend that the Supreme Court of Pennsylvania replace Orphans’...more

McNees Wallace & Nurick LLC

Orphans' Court Update - March 2013: Nonjudicial Settlement Agreements – Are They the Silver Bullet We All Thought They Were?

Do you remember the round of applause and cheers that went out across this great Commonwealth when Section 7710.1 was enacted? Finally, our legislature gave us a statute that made sense and could be broadly applied. Section...more

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