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Home→Author Daniel Evans - Page 2 << 1 2 3 4 … 90 91 >>

Author Archives: Daniel Evans

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Proposed Amendments to Rule on Small Estate Petitions

The Supreme Court Orphans’ Court Procedural Rules Committee is planning to propose amendments to Pa.R.O.C.P. 5.50 governing the petition to settle a small estate in accordance with 20 Pa.C.S. § 3102. In addition to technical and stylistic changes, the proposed amendments … Continue reading →

Posted in News, Rules and Regs. | Tagged Small estate

Appeal for Denial of Trust Modification

Posted on May 19, 2022 by Daniel EvansMay 19, 2022

The Pa. Supreme Court is allowing an appeal from a decision of the Superior Court on the following issue (as stated by the petitioner): Did the Superior Court err by not enforcing modifications to trusts under 20 Pa. C.S.A. §7740.1(a), … Continue reading →

Posted in News, Opinions | Tagged Trust Modification

Appeal on Validity of Power of Attorney and Trust

The Pa. Supreme Court is allowing an appeal from a decision of the Superior Court on the following issue (as stated by the petitioner): What is the effect of a Power of Attorney which is not executed in conformance with … Continue reading →

Posted in News, Opinions | Tagged Agent's liability, Power of Attorney

New Actuarial Factors

Posted on May 9, 2022 by Daniel EvansMay 9, 2022

On May 5, the Treasury Department published new proposed regulations for the valuation of life estates, remainders, and unitrust interests based on a new mortality table from the 2010 census. “Use of Actuarial Tables in Valuing Annuities, Interests for Life … Continue reading →

Posted in News, Rules and Regs.

Creditor Denied Letters of Administration

The Register of Wills had “good cause” to deny letters of administration to a creditor who had engaged litigation against the decedent during his lifetime, and whose claims were still unresolved, because the interests of the creditor were “hostile” to … Continue reading →

Posted in Opinions | Tagged Good cause, Letters of administration, Register of Wills

Notice of Inheritance Tax on Joint and TOD Accounts

Posted on April 29, 2022 by Daniel EvansApril 29, 2022

Reports are circulating that the Pa. Dept. of Revenue has told Registers of Wills that it will no longer be issuing Forms REV-1543 to the surviving owners of joint bank accounts or the beneficiaries of “in trust for” or “pay … Continue reading →

Posted in News | Tagged Inheritance Tax, Joint accounts

Proposed Changes to In Forma Pauperis Rules

Amendments have been proposed to various rules of civil procedure that would amend and consolidate the rules for waiving fees and costs (proceeding in forma pauperis) as Rule of Judicial Administration 1990, replacing Rule of Civil Procedure 240. Under the … Continue reading →

Posted in News, Rules and Regs. | Tagged In forma pauperis

Contents of Devised Real Estate Pass by Intestacy

A will which purported to distribute “my entire probate estate” but refers to only specific parcels or items of property was found to be ambiguous and the court looked to the circumstances of the decedent at the time the will … Continue reading →

Posted in Opinions | Tagged Intestacy, Testamentary intent

Claims of Son’s Expenses as Agent Not Allowed

The son of the decedent, who also served as a co-agent under a durable power of attorney, sought reimbursement for expenses incurred over the course of eleven years before the death of the decedent, but some of the claims were … Continue reading →

Posted in Opinions | Tagged AGent's compensation, Claim against Estate

Lack of Cognitive Decline Negated Undue Influence

In a dispute over a number of documents and transactions executed before the decedent’s death, the court found that the respondents had helped care for the decedent and had a close and confidential relationship with the decedent, and that their … Continue reading →

Posted in Opinions | Tagged Confidential relationship, Substantial benefit, Undue influence, weakened intellect

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