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Home→Author Daniel Evans - Page 100 << 1 2 … 98 99 100 101 102 … 126 127 >>

Author Archives: Daniel Evans

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New Proposed Changes to PEF Code

The Advisory Committee on Decedents’ Estates Laws of the Joint State Government Commission has released a new report recommending changes to the Probate, Estates and Fiduciary Code (Title 20 Pa.C.S.) and Title 20 Pa.C.S. (Corporations and Unincorporated Associations). Proposed changes … Continue reading →

Posted in News | Tagged Decedent's remains, Digital assets, Endowment funds, Uniform Transfer to Minors Act

Self-Proving Will with Lawyer and One Other Witness

Posted on January 12, 2017 by Daniel EvansJanuary 13, 2017

It is clear that the execution of a power of attorney requires at least two disinterested witnesses and either a notary or a lawyer to take the acknowledgements in the place of a notary, as allowed by 42 Pa.C.S. §...

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Posted in Tips | Tagged PEF 3132.1, Self-proving will, Witness to will

Proposed Rule for Citing Unpublished or Non-Precedential Opinions

Amendments to Pa. Rule of Appeallate Procedure 126 have been proposed that would clarify the treatment of unpublished or non-precedential opinions.  “Proposed Amendments to Pa.R.A.P. 126,” 47 Pa.B. 7 (App. Ct. Proc. Rules Com. 1/7/2017). … Continue reading →

Posted in News, Rules and Regs. | Tagged Rules of Appellate Procedure

Intent to Create Joint Accounts; Exculpation of Agent Acting in Good Faith

Intent of decedent to create joint bank account determined from the actions of the parties and not the way in which signature cards were filled in; agent who received and disbursed decedent’s funds in good faith during her lifetime held … Continue reading →

Posted in Opinions | Tagged Agent's exculpation, Agent's liability, Good faith, Multiple-Party Account Act

Gift to Animal Shelter in Specific Township

Applying cy pres, a gift to the Pennsylvania Society for the Prevention of Cruelty to Animals for the support of an animal shelter in a particular township will be distributed to a different nonprofit organization operating the only animal shelter … Continue reading →

Posted in Opinions | Tagged Cy pres

Forfeiture of Parental Share of Dependent Child’s Estate

Child who was over the age of 18 at death, but who had been adjudicated to be incapacitated, was a “dependent child” within the meaning of 20 Pa.C.S. § 2016(b), and father who had no contact with child for a … Continue reading →

Posted in Opinions | Tagged Forfeiture of parental share, Intestacy

Account Transcripts in Lieu of Estate Tax Closing Letters

In  Notice 2017-12 (1/6/2017), 2017-4 IRB ___ (1/23/2017), the IRS has confirmed that an estate tax account transcript showing transaction code “421” may be relied upon as the functional equivalent of an estate tax closing letter, and explains how to … Continue reading →

Posted in News | Tagged Federal estate tax

Email Updates Now Available

Posted on January 5, 2017 by Daniel EvansJanuary 5, 2017

Subscribers will now be receiving emails with links to new posts, and so will receive notices of new articles, summaries of court opinions, rule changes, etc.  Subscribers who do not wish to receive these emails will be able to “opt … Continue reading →

Posted in News

Updated Power of Attorney Form

Posted on January 5, 2017 by Daniel EvansJanuary 5, 2017

The sample form of durable general power of attorney and the commentary on the form have been updated to reflect the changes to 20 Pa.C.S. Ch. 56 (“Powers of Attorney”) made by Acts 79 and 103 of 2016.  (See “PEF Code Omnibus Amendments and … Continue reading →

Posted in News | Tagged Power of Attorney

Payment Mailed, but not Postmarked, not Timely

Inheritance tax payment that was mailed three months after death, but not postmarked until two days later, was not timely and not eligible for 5% discount.  DiCristofaro Estate, 6 Fid.Rep.3d 203 (O.C. Chester Co. 4/25/2016). … Continue reading →

Posted in Opinions | Tagged IETA 2166, Inheritance tax discount, Timely mailed

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