When a will has no provisions for the resignation of, or successors to, a testamentary trustee, 20 Pa.C.S. §§ 7765(a.1(e) and 7764(c)(2) allow the beneficiaries to accept the resignation of the corporate trustee, and allow the qualified beneficiaries to appoint … Continue reading
Daniel Evans
When a testator divorces, then remarries the former spouse, and then dies without changing the will from the first marriage, the surviving spouse is entitled to an intestate share under 20 Pa.C.S. § 2507(3). In re: Estate of Tom D. … Continue reading
A beneficiary who is entitled to an annuity of $2,400 each year for life from a trust of about $73 million had standing to object to transactions of the trustee alleged to be breaches of fiduciary duties, as well as … Continue reading
The Supreme Court has adopted a new Rule of Evidence 413 that would allow evidence of immigration status to be used only if relevant to an element of an action or defense, or to a party’s or witness’s motive. “Order … Continue reading
If you’ve noticed there have not been email updates in a while, thank you. It’s nice to be missed. The problem I was having is that the emails were starting to be treated as spam by some email servers, which … Continue reading
The Register of Wills did not abuse her discretion or commit an error of law in denying letters of administration to a principal creditor of the estate when the creditor had an ownership interest in property owned by the decedent … Continue reading
The incapacitated person’s son, who was nominated to be her guardian in her durable power of attorney, but the son had neglected and abused his mother, had failed to cooperate in making arrangements for her care, was more interested in … Continue reading
A petition to refuse a notice of claim that was filed under 20 Pa.C.S. § 3532 more than one year after the first advertisement of the grant of letters was granted and the notice of claim was refused. Martin Estate, … Continue reading
With the release of the Chained Consumer Price Index (C-CPI-U) for August 2021, it’s possible to calculate various inflation adjustments for 2022. The following are the significant federal estate planning numbers, with the numbers for 2021 shown in parentheses: The … Continue reading
Warren and Forest Counties have adopted new local Orphans’ Court rules, to be effective 30 days after publication in the Pennsylvania Bulletin. “Local Orphans’ Court Rules; Misc. No. 48 of 2021,” (Warren and Forest Cos. 8/25/2021), 51 Pa.B. 5823 (8/11/2021). … Continue reading