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Home→Author Daniel Evans - Page 102 << 1 2 … 100 101 102 103 104 … 122 123 >>

Author Archives: Daniel Evans

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Liability of Counsel for Erroneous Distribution

Attorney for administrator of estate held to be secondarily liable for surcharge against administrator for failing to make distribution to estate of deceased beneficiary; appeal not timely and should be quashed.  Estate of Thomas Brawner Sr., 6 Fid.Rep.3d 386, No. … Continue reading →

Posted in Opinions | Tagged Attorney fees, surcharge

Proof of ITF Accounts; Voided Transfers

Copy of bank statement was sufficient evidence that bank account was “in trust for” beneficiary, and both ITF and joint accounts were increased by lifetime transfers that were voided by court as beyond the powers of agent acting under durable … Continue reading →

Posted in Opinions

Revised Forms for Orphans’ Court and Register of Wills

Posted on August 19, 2016 by Daniel EvansAugust 19, 2016

In an order dated August 9, 2016, (No. 702 Supreme Court Rules Docket), the Supreme Court rescinded and replaced Some of the state-wide forms for use in the Orphans’ Court and Register of Wills, specifically Forms OC-1 through OC-6 and … Continue reading →

Posted in Forms, News, Rules and Regs. | Tagged Pa.O.C. Rules

Authority of Agent Not Proved

Enforcement of arbitration clause was denied when there was a lack of evidence that the son of the decedent had the authority to act for the decedent.  Wisler v. Manor Care of Lancaster, 2015 PA Super 189, 124 A.3d 317 … Continue reading →

Posted in Opinions | Tagged Power of Attorney

New Local Orphans’ Court Rules for 17 Counties

The July 30, 2016, Pennsylvania Bulletin (Vol. 46, No. 31) includes new or amended local Orphans’ Court rules for Allegheny, Beaver, Berks, Chester, Dauphin, Delaware, Franklin, Fulton, Lackawanna, Lancaster, Lehigh, Philadelphia, and Washington counties, all to be effective September 1, … Continue reading →

Posted in News, Rules and Regs.

Inheritance Tax Amendments (Act 84)

Sections 45 and 47 of the Act of July 13, 2016, No. 84, (H.B. 1198), made several changes to the inheritance tax exemptions for agricultural property and family-owned businesses, sections 2111(s), (s.1) and (t), and section 2130(5), of the Tax … Continue reading →

Posted in News, Statutes | Tagged Business of agriculture, Inheritance Tax, Qualified family-owned business

Proving Contents of a Lost Will

The execution and validity of a lost will must be proved by two witnesses, who need not testify as the contents of the will.  The contents of the will must be proved by clear and convincing evidence.   Estate of Wilner, … Continue reading →

Posted in Opinions | Tagged Lost wills, PEF 3132

On-Line Publication of Local Rules

Posted on July 17, 2016 by Daniel EvansJuly 17, 2016

In a brief, one-sentence order, the Supreme Court has directed all judicial districts to “establish and transmit to the Rules Committees (rulescommittees@pacourts.us) the address of a free and publically [sic] accessible website of the court or county in which the … Continue reading →

Posted in News, Rules and Regs. | Tagged Local Rules

Civil Union is not Marriage

A same-sex civil union entered into in Vermont is not a marriage under Vermont law and not a marriage under Pennsylvania law, so Pennsylvania divorce law does not apply.  Corrado v. Musto, 6 Fid.Rep.3d 237, 153 Montg. 173, No. 2015-14981 … Continue reading →

Posted in Opinions | Tagged Civil union, Marriage, Same-sex marriage

Property Specifically Devised Not Adeemed

Real property that was sold by the guardian of the estate of the incapacitated decedent to pay expenses of the decedent, but which was specifically devised by the decedent’s will, was not adeemed under 20 Pa.C.S. 2514(16.1) and the devisees … Continue reading →

Posted in Opinions | Tagged Ademption, PEF 2514(16.1)

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