The Pennsylvania Supreme Court has adopted new ethics rules and disciplinary rules intended to address the problem of misappropriation of client and third-party funds, generally effective in 60 days. In re: Amendments to the Pennsylvania Rules of Professional Conduct and … Continue reading
Daniel Evans
Any “testamentary exception” to attorney-client privilege under Pennsylvania law does not apply to a subpoena to the decedent’s attorney in a defense to a challenge to life insurance beneficiary designations alleged to be the result of undue influence. Collautt v. … Continue reading
The Realty Transfer Tax Statement of Value, Form REV-183 EX, has been revised somewhat, bears the revision date “10-14,” and is now available for download through the Pa. Department of Revenue. Changes include the following: The explanations at the top … Continue reading
The defense of laches may bar a claim by the administrator of an estate for claims against the decedent’s agent under a power of attorney when the decedent herself failed to prosecute an action against the agent for nine years, … Continue reading
[This article was published in the PBA Real Property, Probate and Trust Law Newsletter, No. 73 (Summer 2013), p. 12, and has not been significantly revised beyond updating some citations.] In United States v. Windsor, 570 U.S. 744, 133 S. … Continue reading
This article will explain some of the drafting decision reflected in the author’s sample form of durable general power of attorney (“the form”). The form and this commentary were originally published on 12/1/2014 to reflect changes to 20 Pa.C.S. Ch....
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Below is the author’s form of durable general power of attorney, including changes required or suggested by Act 95 of 2014 and Acts 79 and 103 of 2016. There is a separate article with commentary on the form. A copy...
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The Commonwealth Court has affirmed a decision of the Orphans’ Court of Montgomery County that a donor to a foundation lacks standing to enforce the conditions of a loan made by the foundation to a church when there was no … Continue reading
Judge Leonard B. Sokolove, who served for many years on the Orphans’ Court of Bucks County, died at his home on Monday, November 3. I had the honor of appearing before him on several occasions, and he was a man … Continue reading
Below are the comments I have submitted to the Pa. Disciplinary Board on the proposed change to Rule of Disciplinary Enforcement 217 that would require all “formerly admitted attorneys” to resign from all fiduciary positions, regardless of whether the lawyer … Continue reading