Preliminary objections by Attorney General to petition of agent upheld, the court finding that it did not have the power to undo annuity beneficiary designations made by agent during decedent’s lifetime. Scutchall Estate, 4 Fid.Rep.3d 311 (O.C. Franklin Co. 2015) … Continue reading
Tag Archives: Power of Attorney
The defense of laches may bar a claim by the administrator of an estate for claims against the decedent’s agent under a power of attorney when the decedent herself failed to prosecute an action against the agent for nine years, … Continue reading
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....
The son of decedent, who was an agent under power of attorney and became executor of his mom’s estate, closed “payable on death” bank account while agent and distributed the money to two of the decedent’s three children and his … Continue reading
This second part of a four part series describes the changes made by Act 95 of 2014 to the authority of agents to make gifts and other acts affecting the principal's estate plan and the disposition of property after the death of the principal.
In will contest, executor of probated will (and former agent of decedent under a power of attorney) appealed from the trial court’s demurrer of two preliminary objections, arguing that intestate heirs lack standing to contest the will and lack standing … Continue reading
House Bill 1429, which makes a number of changes to the form and effect of powers of attorney, was signed by Governor Corbett on July 2, becoming Act 95 of 2014. The more important changes made by Act 95 include new requirements for witnesses and notarized acknowledgements, changes to the notice to the principal and the required acknowledgements by agents, new limits on the liability of third parties in order to reverse the reasoning of the Supreme Court in the Vine decision, new limits on the power of agents to make gifts and other estate planning actions, and a revision and restatement of the duties and liabilities of agents.
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