In 1968, Pennsylvania officially merged its „law“ and „equity“ courts into a single court, the Court of Common Pleas. The Orphans` Court is now a „division“ of the Court of Common Pleas. The fact that the Orphans` Court is a separate „division“ of the Court of Common Pleas in a particular county underscores the fact that the Orphans` Court is fundamentally different from the civil division of the Court of Common Pleas – the court where most of the people involved in litigation meet. In the orphans` court, our papers are never called „Joe Smith vs. Suzy Smith.“ Instead, we file documents with the orphans` court asking people who held money to explain what they did with that money, or we file motions asking the court to decide that our client is entitled to some or all of the money in question. From the birth of our court system until 1968, the state courts of Pennsylvania (our „Common Plea Courts“) were divided into „courts of law“ and „courts of equity.“ Whether you end up in court or in court depends on the type of relief you are seeking. Centuries ago, English courts dealt „as a matter of law“ with claims for damages (think cases of infringement or personal injury). „Equity“ lawsuits involved claims for legal protection that did not involve financial damages (think divorce or child custody or disputes between co-owners of land over whether a landlord can build a house on that land). File „Alexander, Raymond Pace–Councilman–Girard College“. George D.
McDowell Philadelphia Evening Bulletin Newspaper Clipping Collection, Temple University Libraries, Urban Archives, Philadelphia, PA. Collège Girard – Controversy Race – 1957-1959 » file. George D. McDowell Philadelphia Evening Bulletin Newspaper Clipping Collection, Urban Archives, Temple University Libraries, Philadelphia, PA. Philadelphia dishes. First judicial district of Pennsylvania. „Orphans` Division of the Court of Common Pleas.“ Retrieved 25 April 2011. courts.phila.gov/common-pleas/orphans. People fight in court for the sick and dead and their property, almost as long as people die. While this may be your first trip to the orphans` court, and while each family is of course different and special in its own way, know and accept the reality that the juvenile court has seen all sorts of cases, including yours.
Names change, of course, and every family planning and estate document and every situation is of course unique to every orphan court case, but believe me when I tell you that experienced juvenile court judges and practitioners have seen your kind of case countless times. When I first meet with a client about an orphan court case, I begin with a brief explanation of this unique court system and how its judges think. It is important to understand these basic concepts early in any situation before the orphan court so that it is easy to understand what happens, when it happens and why. For my clients reading this article now, this basic „introduction“ will also help you understand why I can recommend certain actions along the way. Except in exceptional cases, Mr. Badguy never issues a personal cheque or transfers an asset to an individual beneficiary, no matter what they have done. Because the orphan court focuses only on protecting the fund and making sure that someone replenishes the fund in the right amount. For example, the orphans` court does not care that you suffered psychological anguish when, after your mother`s death, you learned that your sister, acting as an agent under a power of attorney, looted your mother`s bank account and changed all her life insurance beneficiary designations to her. The Orphans` Court, a real court, is only concerned with protecting the fund and ensuring that the money is in order. As stated in an earlier Juvenile Court opinion, a juvenile court judge may ignore the facts and ignore the law if the strict application of the law leads to an „unjust outcome“, since the only obligation of the juvenile judge is to ensure a „fair“ outcome of a particular situation. See for example: In re: Cave`s Estate, 26 Pa.
D&C 295 (1936) („Since the orphans` court is a court of equity, it applies the law with great informality, and rules of procedure relating only to the usual methods of practice must not become a means of committing injustice.“). No, indeed. Instead, the juvenile court judge is the ultimate advocate and protector of the fund in question, and the juvenile court will protect that fund and ensure that the fund is distributed to the right beneficiary in accordance with the law, regardless of anyone`s „feelings“ and regardless of personal perception of „what is right in the circumstances.“ While most people involved in orphan court situations may proclaim that their fight is really „not about money“ or that they „really and only“ focus on „Dad`s best interests“ or „just trying to achieve what mom wanted,“ it`s almost always about money. And there`s nothing wrong with that! We don`t always learn exactly what happened from an account. And some traitorous trustees file the dreaded „zero account,“ in which they claim they „never negotiated“ (usually as an agent) and therefore cannot be held „accountable“ to anyone. Oh yes, Mr. Badguy, I see that your 94-year-old mother transferred all her assets electronically in your children`s name, but you never touched the money and have nothing to do with it. Very interesting. If a juvenile court judge finds that a person is legally incapacitated, he or she appoints a guardian of the person (who makes medical and living decisions) and a guardian of the estate (who administers the money). You are sometimes, but not always, a person. If the amount of money is large or the financial talents of the person`s guardian are questionable, the orphan court will ask one person to take care of the medical side of things and another person (or even a bank) to take care of the money aspect.
Estate guardians must submit annual reports explaining what they did with the money each year, and estate guardians may be required to file a full and official account at any time. Almost nothing significant happens in the orphans` court unless the trustee opens an account. What for? An account is like a giant spreadsheet that exports every dollar in and out while the trustee controls the money.
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