PEF Code Omnibus Amendments and Technical Corrections to Act 95 (Acts 79 and 103 of 2016)

The Act of July 8, 2016, No. 79 of 2016 (“Act 79”), enacting S.B. 1104, put into effect a number of changes to the Probate, Estates and Fiduciaries Code (PEF Code, Title 20 of Pa.C.S.) that had been recommended by...

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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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Tax Effects of Retroactive Reformations and Modifications

The IRS has issued five identical private letter rulings, PLRs 201442042, 201442043, 201442044, 201442045, and 201442046, apparently to five different parties involved in the same transaction, agreeing that a court-approved reformation of a trust in accordance with § 415 of...

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Commentary to Sample Form of General Power of Attorney Following Act 95 of 2014

This article will explain some of the drafting decision reflected in the author’s sample form of durable general power of attorney (“the form”).  The form and this commentary were originally published on 12/1/2014 to reflect changes to 20 Pa.C.S. Ch....

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