A setoff will be allowed to the Pennsylvania Bureau of Medical Care Availability and Reduction of Error Fund (“MCARE”) allowing it to reduce the amount of damages it owes to the estate by its share of punitive damages payable to … Continue reading
Daniel Evans
Petitioner failed to show sufficient cause for the court to order the alleged incapacitated person to submit to an independent medical examination, or to produce drug and alcohol treatment records, when the alleged incapacitated person admitted to a history of … Continue reading
Action for personal injuries brought by an estate is untimely, and the statute of limitations will not be extended by a period within which the decedent might not have known that her automobile accident injuries were serious enough to qualify … Continue reading
The Supreme Court has allowed an appeal from the decision of the Superior Court in Passarelli Family Trust, 2019 PA Super 95 (3/28/2019) (en banc), rev’g 7 Fid.Rep.3d 63 (O.C. Chester Co. 2016). The issues listed in the court’s order are: (1) … Continue reading
With the release of the Chained Consumer Price Index (C-CPI-U) for August 2019, it’s possible to calculate various inflation adjustments for 2020. The following are the significant federal estate planning numbers, with the numbers for 2019 shown in parentheses: The … Continue reading
As of September 1, 2019, Webcalculators (wcalcs.com), my on-line service that works in any browser and provides authoritative analyses of estate and trust, tax, and financial planning techniques and options, has moved out of testing and has been released on a subscription … Continue reading
The Supreme Court has amended Rule of Professional Conduct 1.6 to allow lawyers to reveal confidential information to the extent that the lawyer reasonably believes necessary “to comply with other law or court order.” The amendment is effective in 30 … Continue reading
The Disciplinary Board of the Supreme Court of Pennsylvania has proposed an amendment to Rule of Professional Conduct 8.4 that would add a new paragraph (g) to make it professional misconduct for a lawyer to “in the practice of law, … Continue reading
The Supreme Court is considering changes to several procedural rules, including Pa.R.J.A. 103 (the procedures for adopting, filing, and publishing rules) and Pa. O.C. Rule 1.1 (short title and citation to the Orphans’ Court Rules). The stated purpose of the … Continue reading
Under the amended version of 20 Pa.C.S. § 2106(b), a parent may be found to have forfeited an intestate share of the estate of a child for failure to support the child even if the failure of support is not … Continue reading