Probate of after-discovered will was properly denied based on evidence of undue influence. Weakened intellect was found in evidence of progressive dementia, and confidential relationship was found in son-proponent’s involvement in the testator’s personal and business affairs. Trustee of inter … Continue reading
Daniel Evans
The IRS has released the new Form 8971 (and its instructions) for executors to use to report federal estate tax values as required by new IRC section 6035. The Form 8971 is filed with the IRS, and a separate Schedule … Continue reading
The Orphans’ Court Procedural Rules Committee has proposed new rules for adoption proceedings. Proposed Rescission of Rules 15.1 through 15.9 and Replacement with the New Rules of Chapter XV, 46 Pa.B. 332 (1/16/2016). (The recently adopted Orphans’ Court rules did … Continue reading
Surcharge imposed against trustee for more than $600,000 for “reimbursements” to herself, but surcharge for failure to properly invest funds denied because the testimony of the expert witness was speculative and simplistic and lacked a solid foundation. In addition, punitive … Continue reading
Claims allowed for expenses paid by friends of the decedent (one of whom was a cousin of the decedent) for taxes on property of the decedent, as well as insurance and utilities, for hospice care for the decedent before death, … Continue reading
Executors surcharged for sale of estate property to a son of one executor, for expenses paid to the purchaser of the property for “cleanup” of the property 20 days before the sale, for distributions of automobiles contrary to the provisions … Continue reading
A beneficiary may revoke an assignment of undistributed interests in a spendthrift trust, and so summary judgment on a petition for declaratory relief is appropriate. Middleton Trust, 6 Fid.Rep.3 1 (O.C. Montg. 2015) (opinion by Murphy, J.) … Continue reading
The following is a chart of the federal estate tax exclusions. the bottom and top tax rates that have been in effect since 1977 (assuming no taxable gifts before 1977), and the federal gift tax annual exclusions. The federal gift … Continue reading
After entering an order adopting new Orphans’ Court rules, generally effective September 1, 2016 (see In re: Order Rescinding and Replacing Rules 1.1 through 13.3 and Rule 17, and Amendment Rules 14.1 through 16.12 of the Pennsylvania Orphans Court Rules, … Continue reading
The Supreme Court has held that the denial of a petition to intervene in a child custody proceeding is a collateral order that is appealable as of right under Pa.R.A.P. 313. K.C. and V.C. v. L.A., 128 A.3d 774, No. 65 … Continue reading