Although the decedent continued to hold real estate in Pennsylvania through an LLC, and did not claim a homestead exemption in Florida, he had purchased a residence in Florida, changed his driver’s license and voter registration to Florida, filed federal … Continue reading
Daniel Evans
The Supreme Court has adopted a common law doctrine of “intent-based parentage” as a fifth way to establish parentage in Pennsylvania. In the case that was decided, a couple in a same-sex marriage had arranged to have a child through … Continue reading
A marriage certificate is required to show the date of the marriage but not the time, the marriage ceremony does not need to take place in the same county that issued the marriage license as long is it occurs in … Continue reading
The mistaken beliefs by the settlors that transferring their home to an irrevocable trust would preserve their Medicaid eligibility and protect the home against health care claims were mistakes of law and not “circumstances that were apparently not anticipated” within … Continue reading
A testamentary gift by a wife to a trust created by the husband and wife, and the transfers for the benefit of the surviving husband within the trust, both qualified for the 0% inheritance tax rate as transfers “for the … Continue reading
The Orphans’ Court properly found that a coin collection was purchased with money from a joint account and was owned by the decedent and the surviving spouse as tenants by the entireties, and the property rights of the surviving spouse … Continue reading
It was error for the Orphans’ Court to enter an order declaring an agreement between the decedent’s widow and the administrator of the estate to be null and void when the motion regarding the agreement had been filed only two … Continue reading
A petition to the Orphans’ Court for approval to sell a liquor license held by the decedent did not require notice to the Pennsylvania Liquor Control Board as an indispensable party. In re: Gloria Deckard, Deceased, 3140 EDA 2023 (Pa. … Continue reading
Husband was alleged to have improperly converted assets held jointly with his wife into his own name before his death. An action by the estate of the deceased wife against the estate of the deceased husband was not barred by … Continue reading
It was not previously reported here, but in late 2024 the Supreme Court amended the Rules of Professional Conduct to update many of the rules relating to lawyer publicity and advertising. A change that might be particularly relevant to estate … Continue reading