A beneficiary with the right to reside in a residence, but not a life estate, is nevertheless obligated to pay for repairs and maintenance of the property, notwithstanding a premarital agreement which put those obligations on the decedent because the … Continue reading
Daniel Evans
The separation of the spouses, together with the extramarital affairs of both spouses, was sufficient to establish that the surviving spouse had “willfully and maliciously deserted” the deceased spouse and had forfeited an intestate share in accordance with 20 Pa.C.S. … Continue reading
An adjudication of incapacity based upon the written opinion of a doctor, and without counsel being appointed for the alleged incapacitated person, when the AIP appeared in court and did not appear to contest the proceedings, and the court was … Continue reading
An order authorizing the sale of real estate was not appealable under Pa.R.A.P. 342 because the objecting beneficiaries had no interest in the real estate, and was not an appealable collateral order under Pa.R.A.P. 313 because the objecting beneficiaries had … Continue reading
A plea of nolo contendere, followed by sentencing, was a “conviction” within the meaning of the Slayer’s Act, and so summary judgment against the convicted slayer was appropriate. Abbott Estate, 6 Fid.Rep.3d 80 (O.C. Butler 2015), aff’d, Nos. 1071 and … Continue reading
Judgment creditor of beneficiary of spendthrift trust could not attach trust assets and could not require distribution of beneficiary’s right to withdraw contributions to the trust because the right was not a “power of withdrawal” as defined by 20 Pa.C.S.A. … Continue reading
The Juvenile Court Procedural Rules Committee has proposed amendments the Pa. Rules of Juvenile Court Procedures regarding investigations of child abuse or neglect. “Proposed Amendment of Pa.R.J.C.P. 100 and 1100, and New Pa.R.J.C.P. 1107 and 1109,” 46 Pa.B. 555 (1/30/2016). … Continue reading
In Notice 2016-19, , 2016-09 I.R.B. ___, the IRS has again postponed the due date for basis reporting (i.e., filing Forms 8971), this time to March 31, 2016. The notice (which is stated to be effective February 11, 2016) also … Continue reading
When an Orphans’ Court enters a nonsuit to objections to an account, the objectant must file a motion with the court to remove the nonsuit before appealing the nonsuit. In re: Ernest J. Koeberlein Trust, No. 652 WDA 201 (Pa. … Continue reading
Petition for termination of father’s parental rights was denied, despite father’s criminal history and current incarceration, because father had cooperated with child welfare agency and had achieved most of the objectives established for him by the agency. In re J.M.W., … Continue reading