An Orphans’ Court is theoretically a “branch” of the Court of Common Pleas. This Court addresses issues such as will contests, change of name, guardianship issues, adoptions, and other related family issues.
Orphans’ Court also handles trust litigation, which can be unimaginably costly. Banks usually administer large trusts.
“One needs to be careful with how one handles these issues due to the large sums involved in them. If you misunderstand any of the rules of an Orphans’ Court, the repercussions may overwhelm you,” says family law attorney Galit Moskowitz of Moskowitz Law Group, LLC.
That is why it is essential to know the uniqueness of appellate customs in the Orphans’ Court:
Understanding the Appellate Practice
The concept of an “appealable order” is the primary difference between the Orphans’ Court and the Civil Court. An appellate court should not delve into the merits of an appeal without first establishing the appropriateness of the appeal itself.
An unsatisfied party must wait for the entry of a final order in a matter before they can appeal in a typical civil litigation. A final order resolves all claims in an argument. It is the last order in a case that aims to address complicated and unresolved claims.
However, there are exceptions to this general rule. Every interlocutory order in a civil matter must await the entry of a “final” order to be appealed. Then, the concerned party will appeal to them simultaneously after entering the final order.
The Vast Difference in Orphans’ Court Orders
It is practically impossible to administer estates and trusts if you have to wait for a final order in the ordinary sense described in the preceding segment because estate or trust administration can last for decades in some circumstances. That is why the appealability rules in the Orphans’ Court differ.
Rule 342 of the Rules of Appellate Procedure contains the list of orders that people can immediately appeal. Most of the items on the list are not “final orders,” as described in the preceding section. However, the Rules state that if you fail to take advantage of an available appeal within 30 days of entry, you will irretrievably lose your right of appeal.
As an attorney, if you believe your experience with common civil litigation will suffice for the Orphans’ Court, you are in for a huge shocker. The Rules vastly differ, and attempting to equate them can lead to waiving your client’s legal rights.
You may assume that you need to await the entry of a final order, as is obtainable in typical civil litigation, and slumber through the 30-day window. This means you have missed the deadline to appeal.
Illustration Through a Recent Occurrence
We need to refer to a recent occurrence to understand this complication better. The trustee of a life insurance trust instituted an account; they described the assets and how they are handling the assets. The account contained transactions spanning several years.
The beneficiaries rejected the account due to a suspected mismanagement by the trustee. The issue eventually proceeded to trial. After the trial, the Court entered an order on January 2, 2024, dismissing the beneficiaries’ objection and “affirming” the account.
Similarly, the Court instructed the trustee to institute a “schedule of proposed distribution.” The aim of the proposal was for the trustee to explain what they intended to do with the assets still in their care. The Court said the beneficiaries could object to the planned distribution.
As a family law attorney, you will be missing out if you assess this order from a typical civil litigation perspective. You might expect that an appeal would lie solely from the “final order.” It does not work like that.
Interpretation of the Illustration
The order in this illustration performs two roles, and you can appeal both. However, you can only appeal them separately and on different schedules.
Since the account is an appealable order under Rule 342(a)(1), you can appeal this aspect of the order immediately (as the right to appeal expires within 30 days). Also, the order at hand outlined the process for distributing the remaining assets. The appeal will also be available on this order after entry, but the final has not been heard concerning it. The order will later become appealable.
It is essential to clarify that the order does not become appealable because it is the ‘final order” but because it falls under an order instructing a distribution of assets, and according to Rule 342(a)(1), this order is appealable.
Final Words
This piece has shown that you can lose a fortune when you fail to appreciate the differences and peculiarities of the Orphans’ Court appellate rules. Losing the right to appeal means you cannot question a decision, even when you stand a chance to win.
You must be extraordinarily careful regarding appeals deadlines in the Orphans’ Court to preserve the integrity of your client’s case.
Media Information:
Moskowitz Law Group
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Suite 603
Hackensack , NJ 07601
(201) 241-4213
