A trust may be modified under 20 Pa.C.S. § 7740.1(d) to allow the beneficiaries to remove and replace a corporate trustee without regard to the conditions for removing trustees under 20 Pa.C.S. § 7766. Trust under Agreement of Edward Winslow … Continue reading
Daniel Evans
(This article originally appeared in the PBA Real Property, Probate and Trust Law Newsletter, No. 75, p. 19 (Summer 2014).) [This article has not yet been updated to reflect the enactment of the Directed Trust Act as part of Act...
This content is for Subscriber members only.
Register
Register
Already a member? Log in here
Provision of will allowing decedent’s wife and daughters to operate “farms” on decedent’s property did not allow the executor to continue to administer the property forty-three years after the decedent’s death when only a part of the property was leased … Continue reading
Specific performance of option to purchase real estate was enforced against the estate, notwithstanding delay of more than 10 years from the initial order allowing the exercise of the option and the recording of a lis pendens, the court finding … Continue reading
Objections to executor’s account were denied to the extent they related to a private auction of real estate among the beneficiaries because the sale had been authorized and approved by the court in previous litigation, even though the terms of … Continue reading
As noted earlier, five different Supreme Court procedural rules committees (Criminal, Juvenile, Civil, Domestic Relations, and Orphans’ Court) have joined together to submit a proposal to revise all state-wide rules to require that local rules be published on-line by each … Continue reading
Five different Supreme Court procedural rules committees (Criminal, Juvenile, Civil, Domestic Relations, and Orphans’ Court) have joined together to submit a proposal to revise all state-wide rules to require that local rules be published on-line by each county or court … Continue reading
Counsel fees of $34,848, paid from an estate of $102,852, reduced to $18,000, and executor surcharged for excess, when the testimony of counsel was conclusory and failed to justify the fee paid from an estate with no unusual complexities or … Continue reading
In Notice 2015-57, the IRS has announced that the due date for the first new tax basis reports that must be filed under new IRC section 6035 is postponed to February 29, 2016. The Surface Transportation and Veterans Health Care … Continue reading
An Orphans’ Court judge has entered an order declaring to be valid a same-sex common law marriage entered into before common law marriages were abolished in Pennsylvania in 2005. The case is Estate of Kimberly M. Underwood, No. 2014-E0681 (O.C. … Continue reading