Schuylkill County has adopted new fee schedules for both the Register of Wills and the Clerk of the Orphans’ Court, effective January 1, 2025. “Administrative Order; No. 5424-0982” (11/18/2024), 54 Pa.B. 7829 (12/7/2024). … Continue reading
Daniel Evans
In a contract allegedly signed by the decedent for the purchase of real estate, a provision for “liquidated damages” of 50% of the contract price is unenforceable as a penalty, and a motion by the executor to dismiss an objection … Continue reading
Real properties were transferred from parent to two children (some of the properties passing by disclaimers) in order to avoid environmental claims, with an oral promise to retransfer to the parent upon his request. After the children failed to retransfer … Continue reading
The appeal from the court’s order approving the sale of the decedent’s residence should be quashed because the appellant’s “concise statement of errors” does not specify which order is being appealed, and the “rambling” statement failed to set forth any … Continue reading
An order allowing the executor to enter the decedent’s residence is proper when the decedent’s residence was not specifically devised by her will and two of the three of the residuary beneficiaries occupy the residence, the court was not divested … Continue reading
When a trustee engages in an act of self-dealing by using trust assets as collateral for loans taken out for the benefit of the trustee and his family, the court may impose a surcharge based on the benefit to the … Continue reading
An Orphans’ Court in Pennsylvania did not have jurisdiction to consider claims arising from the estate and trusts of a Florida resident when the estate and trusts were the subject of a settlement agreement in Florida that was binding upon … Continue reading
The Pa. Department of Revenue has issued a Realty Transfer Tax Bulletin explaining the exemption for real property distributed from an estate, and the bulletin provides some helpful guidance on a few issues. Realty Transfer Tax Bulletin 2024-01, “Transfers from...
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The failure of the executor to find bonds that were in joint names with one of the beneficiaries of the estate did not result in any loss to the beneficiary because the bonds had not matured and continued to accrue … Continue reading
The Supreme Court has adopted a new Pa. R.O.C.P. 10.7 implementing 20 Pa.C.S. 3908, which provides that the filing of certain affidavits with the Register of Wills has the same effect as the “finding of a court” for the purpose … Continue reading