Orphans’ Court Attorneys

At Wetzel Gagliardi Fetter & Lavin, LLC, we represent those who require court intervention for contested wills, guardianships, and estate administration matters. If you have a case that requires litigation in Orphans’ Court, it is likely over the interest of a party in a person’s assets or a question of an individual’s capacity to handle their own assets. Our legal team has experience in representing executors, trustees, court-appointed fiduciaries, and beneficiaries in a range of matters.

History of Orphans’ Court

Orphans’ Court is overseen by the Court of Common Pleas. The Chester County Court of Common Pleas has 14 full-time judges and five senior judges who are presiding over a variety of cases, including Orphans’ Court matters.

The Orphans’ Court was originally a separate court established in 1682 to protect the rights of orphaned children. In 1968, under a Constitutional Amendment, the Orphans’ Court was abolished and made part of the Court of Common Pleas. The term “orphan” now encompasses anyone who lacks adequate protection under the law, not just pertaining to children whose parents have died. The court is in charge of fiduciary appointments to handle the financial and/or health needs of minors and incapacitated persons.

Court-Appointed Fiduciaries

If you are unable to make financial decisions or take care of themselves, you may need to consider obtaining a fiduciary appointment. Wetzel Gagliardi Fetter & Lavin, LLC helps individuals seeking guardianships and/or conservatorships for incapacitated persons. You will also need to obtain guardianship for special needs persons once they reach 18 years of age. This may be pursued by a parent or older sibling.

Mediation versus Litigation

Pennsylvania Orphans’ Court Rule 1.6 allows parties to partake in private or court-supervised mediation to resolve their dispute. Mediation is often less time-consuming, less stressful, and less costly than litigation. Even if all issues are not resolved, mediation can allow you to narrow down the issues that will be tried in court.

Compassionate Representation When You Need It Most

We understand that you are going through a tough time. The decision to take away your loved one’s freedom is not a decision that you make lightly but for the individual’s well-being. We will work with you to help streamline the court process and advise you on your newly appointed fiduciary role. The entire process can be intimidating, but we will answer any questions or concerns you have along the way.

Orphans’ Court Attorneys Offering Tenacious Representation

If you are dealing with a contested will or if you are pursuing guardianship for a parent or other family member, do not hesitate to speak with our Orphans’ Court attorneys. We give each case our undivided attention, ensuring that all your legal issues are resolved in a timely manner. To learn more about the services we provide, contact us by phone or online.