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Home→Author Daniel Evans - Page 108 << 1 2 … 106 107 108 109 110 … 118 119 >>

Author Archives: Daniel Evans

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Change of Minors’ Placement Goal

Court approved permanency plan with goal of adoption for children who had been removed from home and declared dependent after finding that father, a registered sex offender, had a history of sexual conduct with minors and was not cooperating with … Continue reading →

Posted in Opinions | Tagged Adoption, Parent and child

Declaratory Judgment Interpreting Will

Declaratory judgement entered interpreting handwritten will as granting petitioner a fee simple interest in decedent’s residence, and not a life estate, despite language regarding the sale and distribution of proceeds of sale in the event of petitioner’s death, which were … Continue reading →

Posted in Opinions | Tagged Precatory language, Will interpretation

Charitable Beneficiary no Longer Charitable

Distributions from charitable trust to Green Tree Community Health Foundation approved as successor or substitute for Chestnut Hill Hospital.  Geschick Trust, 5 Fid.Rep.3d 203, No. 1321 ST 1965 (O.C. Phila. 2011). … Continue reading →

Posted in Opinions | Tagged Cy pres

Executor Commissions Determined under Johnson Estate Schedule

Executor commission reduced in accordance with the fee schedule in Johnson Estate, and charitable distributions approved to charities selected by the trustees.  Haffner Estate, 5 Fid.Rep.3d 195 (O.C. Monroe 2015). … Continue reading →

Posted in Opinions | Tagged Executor Commission, Will interpretation

Common Law Marriage before 2005 for Same-Sex Couples?

Posted on May 7, 2015 by Daniel EvansMay 7, 2015

The Pennsylvania legislature abolished common law marriages entered into after January 1, 2005, but common law marriages before that date will continue to be valid.  See Act of November 23, 2004, No. 144, amending 23 Pa.C.S. § 1103. In Whitewood … Continue reading →

Posted in News | Tagged common law marriage, Marriage, Same-sex marriage

Tenancy by Entireties in Proceeds of Sale of Stock

The proceeds of the sale of stock that had been held by a husband and wife continued to be entireties property in the absence of any contrary provisions of the stock purchase agreement, and so the remaining proceeds were payable … Continue reading →

Posted in Opinions | Tagged Tenancy by entireties

Default Judgment against Agent Upheld

In affirming the denial of a petition to strike a default judgment, the Superior Court held that the civil division of the Court of Common Pleas had jurisdiction to enter a default judgment against an agent for the debts of … Continue reading →

Posted in Opinions | Tagged PEF 711

Executor Recovers Estate Tax on Life Insurance

Under I.R.C. § 2206, an executor was entitled to recover a pro-rata portion of the federal estate tax attributable to life insurance paid to the decedent’s ex-wife, as well as interest paid on the tax, when the will directed that … Continue reading →

Posted in Opinions | Tagged Estate tax apportionment, IRC 2206

Forms 1099 with Post-Death Income

Posted on April 2, 2015 by Daniel EvansJanuary 13, 2017

It is quite common for a broker or other payor to issue Forms 1099-INT or 1099-DIV in the name of the decedent, and with the decedent’s security number, reporting income received after death.  This happens because brokers continue to record...

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Posted in Articles, Tips | Tagged Federal income tax

Equal Distribution Despite “Forwarding of Inheritance”

Court-approved settlement between guardian of the estate of the decedent and one of the decedent’s children precluded claim against the child for funds of the decedent that had benefited the child during decedent’s incapacity.  The court also found that the … Continue reading →

Posted in Opinions | Tagged Avancements, Equitable powers

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