Computation Of Attorney Fees Form Page 45
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60Court, bond shall be posted in an amount double the value of the estate’s personal
property, or if the estate has no personal property, in an amount determined by the
Court. The amount of the bond is subject to being adjusted upward or downward
upon the filing of the inventory, consents to sell real estate, and partial accounts.
(3)
Guardians of the estate shall be required to post a minimum bond. Unless otherwise
ordered by the Court, bond shall be posted in an amount double the value of the
ward’s personal property plus double the amount of the ward’s annual income.
Real property shall not be bonded unless a complaint for land sale has been filed.
(4)
Trustees of testamentary trusts shall be required to post a minimum bond, unless
bond is waived by the will or excused by law. Unless otherwise ordered by the
Court, bond shall be posted in an amount double the value of the trust’s personal
property plus double the amount of the trust’s projected annual income.
(5)
Fiduciary bond premiums must be paid when due. If the Court is notified that a
fiduciary bond premium is delinquent, the Court may on its own motion move to
remove the fiduciary.
(H)
Withdrawal of Counsel
(1)
An attorney who has entered an appearance in a case shall remain in the case until
the case is concluded. The Court may permit an attorney to withdraw if all of the
following apply:
(a) The attorney files a motion to withdraw demonstrating good cause;
(b) The attorney serves the motion to withdraw on his or her client, unless the
client approves the motion in writing;
(c) The attorney lists in the motion all known filing deadlines; and
(d) The attorney gives notice to all attorneys, unrepresented parties, and interested
persons. Interested persons shall include next of kin, legatees and devisees,
known creditors, trust beneficiaries, and bonding agencies.
(2)
The Court may schedule the motion to withdraw for hearing. If there is a pending
hearing in the case, the motion to withdraw shall be set at that time.
(3)
Substitution of counsel shall be in writing signed by the withdrawing attorney or
the fiduciary and the substituting attorney. Notice shall be served on all attorneys,
bonding agencies, and interested persons.
(I)
Jury Management Plan
The jury management plan for this Court shall be the same as the jury management plan
set forth in Local Rules of Practice and Procedure for the General Division of the
Montgomery County Common Pleas Court, except to the extent such rules would be
clearly inapplicable.
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