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Home→Author Daniel Evans - Page 30 << 1 2 … 28 29 30 31 32 … 131 132 >>

Author Archives: Daniel Evans

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Inheritance Tax on Non-Pennsylvania 529 Plans is Unconstitutional

Posted on January 4, 2024 by Daniel EvansMarch 25, 2024

Section 529 plans (also known as “qualified tuition plans”) created under the laws of states other than Pennsylvania are also exempt from inheritance tax, because the limitation on the exemption from tax in 24 P.S. § 6901.316 (Section 316 of … Continue reading →

Posted in Opinions | Tagged 529 Plans, Inheritance Tax, Uniformity clause

Decedent Approved Sale of Real Estate

Posted on December 20, 2023 by Daniel EvansDecember 20, 2023

The testimony of decedent’s lawyer showed that the sale of the real estate previously used by the decedent as his home and accounting office to his son who had worked with the decedent was at the direction of the decedent, … Continue reading →

Posted in Opinions | Tagged Power of Attorney

Decedent Made Own Financial Decisions

Posted on December 20, 2023 by Daniel EvansDecember 20, 2023

Testimony and evidence showed that the decedent was strong willed and made his own financial decisions, and that the gifts to the decedent’s agent were the decisions of the decedent and not the agent. Various objections to expenses of the … Continue reading →

Posted in Opinions | Tagged Agent's liability, Removal of fiduciary, surcharge

Fiduciary Duties of Agent

Posted on December 20, 2023 by Daniel EvansDecember 20, 2023

Although the decedent’s daughter denied acting as agent for her father under the power of attorney for which she had signed an agent’s acknowledgement, she was found to have acted as agent, and to have fiduciary duties to her father, … Continue reading →

Posted in Opinions | Tagged Agent's duties, Breach of Fiduciary Duty, Confidential relationship, Fiduciary duty, Power of Attorney, Undue influence

New PA Grantor Trust Tax Treatment

Posted on December 18, 2023 by Daniel EvansDecember 18, 2023

Both houses of the Pennsylvania legislature have passed, and the governor has signed, S.B. 815, which became the Act of December 14, 2023, No. 64. The act conforms the Pennsylvania income tax on resident trusts with the grantor trust rules … Continue reading →

Posted in News | Tagged Fiduciary income tax, Grantor trust

New Guardianship Procedures

Posted on December 18, 2023 by Daniel EvansDecember 18, 2023

Both houses of the Pennsylvania legislature have passed, and the governor has signed, S.B. 506, which became the Act of December 14, 2023, No. 61. The act amends guardianship procedures relating to the representation of the alleged incapacitated person, the … Continue reading →

Posted in News, Statutes | Tagged Guardianship

Applicable Federal Rates for 2023

Posted on December 15, 2023 by Daniel EvansDecember 16, 2024

← Previous Year | Current Year | Following Year → HTML Version Copyright 2018- Daniel B. Evans. All rights reserved. — Short Term Rates for 2023 — — Mid Term Rates for 2023 —  — Long Term Rates for 2023 — … Continue reading →

Posted in Rates

Montgomery Co. Fees

Posted on December 15, 2023 by Daniel EvansDecember 15, 2023

Montgomery County has adopted new fee schedules for both the Register of Wills and the Clerk of the Orphans’ Court, effective January 1, 2024. “Fees of Register of Wills” (12/1/2023), 53 Pa.B. 7730 (12/16/2023); “Fees of Clerk of Orphans’ Court” … Continue reading →

Posted in News, Rules and Regs. | Tagged Fee Schedule, Local Rules

Grant of Reconsideration Ends Appeal

Posted on December 9, 2023 by Daniel EvansDecember 9, 2023

An alleged incapacitated person moved the Orphans’ Court to reconsider the appointment of her son and daughter-in-law as plenary guardians, and the court granted the motion and scheduling a hearing. The alleged incapacitated person later filed a timely notice of … Continue reading →

Posted in Opinions | Tagged Appeal, Guardian

New Cumberland Co. Local O.C. Rules

Posted on December 8, 2023 by Daniel EvansDecember 8, 2023

Cumberland County has rescinded all of its local rules and adopted new local rules, including new Orphans’ Court rules, effective January 1, 2024, or thirty days after publication in the Pennsylvania Bulletin (which would be January 8, 2024). “Local Rules; … Continue reading →

Posted in News, Rules and Regs. | Tagged Local Rules

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