Intentional Grantor Trusts in Pennsylvania

Up until the Tax Reform Act of 1986, grantor trust status was something to be avoided, but thanks to rulings by the Internal Revenue Service, intentionally creating a grantor trust is now an accepted estate and gift tax planning strategy....

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New Caregiver Act

Pennsylvania has enacted a new “Caregiver Advise, Record and Enable Act” (CARE Act), H.B. 1329, Act of April 20, 2016, No. 20, effective in 12 months. This new law attempts to help family members and other “lay caregivers” of people...

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Trust Protectors in Pennsylvania

(This article originally appeared in the PBA Real Property, Probate and Trust Law Newsletter, No. 75, p. 19 (Summer 2014).) There is both controversy and uncertainty about the use of “trust protectors” in the creation and administration of trusts. The...

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Forms 1099 with Post-Death Income

It is quite common for a broker or other payor to issue Forms 1099-INT or 1099-DIV in the name of the decedent, and with the decedent’s security number, reporting income received after death.  This happens because brokers continue to record...

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Rights of Creditors in Non-Estate Assets

The property that is owned by a decedent at death is administered by the executor or administrator of the decedent’s estate and is always subject to the claims of the decedent’s creditors. The Probate, Estates and Fiduciaries Code (“PEF Code”),...

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