The Internal Revenue Service has published new proposed regulations to address the changes to the required minimum distribution rules under the amendments to section 401(a)(9) made by sections 114 and 401 of the Setting Every Community Up for Retirement Enhancement … Continue reading
Daniel Evans
The most recent Pennsylvania Bulletin includes actual and proposed changes to CLE and annual registration procedures that may be of interest to Pennsylvania lawyers generally. The Rules for Continuing Legal Education have been amended to allow some CLE credits for … Continue reading
The distribution of real property to two of the decedent’s four children, with additional cash distributed to the other two children, was not subject to realty transfer tax under the principle of Baehr Bros. v. Com., 487 Pa. 233 (1979), … Continue reading
For a series of cases in involving a series of car collisions, the cases in which a decedent’s estate is a party will not be consolidated with the other cases because of the possibility that the Dead Mans’ Act could … Continue reading
Objectants to will failed to produce any evidence of lack of testamentary capacity when the will was signed, but produced evidence of a power of attorney establishing a confidential relationship, that the proponent of the will received a substantial benefit … Continue reading
Decedent failed to maintain a life insurance policy required by an antenuptial agreement with his widow, but the amount paid by the estate for the benefit of the widow under a negotiated settlement agreement did not qualify for the 0% … Continue reading
Objectants to the will failed to prove lack of testamentary capacity by clear, strong, and compelling evidence, and the court sustained the validity of the will despite the testimony of a subscribing witness that she believed that the decedent lacked … Continue reading
The Supreme Court has adopted amendments to a number of Orphans’ Court rules to change references to “master” to “hearing officer.” The purpose of the amendments is to eliminate a term that has “a perjorative connotation” in “modern parlance outside … Continue reading
Pa.R.O.C.P. 10.5 has been amended to require that a notice of estate administration be given upon the grant of letters and whenever there is a change in personal representatives, including changes due to the death or resignation of a personal … Continue reading
An inherited individual retirement account (IRA) is not protected from the claims of creditors of the beneficiary because following the death of the IRA owner the account is not a “retirement account” within the meaning of 42 Pa.C.S. § 8124(b)(1)(ix). … Continue reading