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Home→Author Daniel Evans - Page 37 << 1 2 … 35 36 37 38 39 … 125 126 >>

Author Archives: Daniel Evans

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Late Filing for Portability Extended to Five Years

The Internal Revenue Service has announced that the two-year period for filing an estate tax return merely to elect portability has been extended to five years from date of death. Rev. Proc. 2022-32, 2022-30 IRB 101 (7/25/2022). In Rev. Proc. … Continue reading →

Posted in News, Rulings | Tagged Deceased spousal unused exclusion amount, Federal estate tax

New Inheritance Tax Exemption for Military Deaths

Section 15.1 of the Act of July 8, 2022, No. 53 (HB 1342), adds a new subsection 2111(u) to the inheritance and Estate Tax Act (72. P.S. §9111(u)) that exempts from inheritance tax the transfer of personal property resulting from … Continue reading →

Posted in News, Statutes | Tagged Inheritance Tax

Spousal Election is Irrevocable after Six Months

Absent fraud or duress, a spousal election against a will (or an election to take under the will) becomes irrevocable at the end of the six month period allowed by 20 Pa.C.S. § 2210(b) and may not be revoked merely … Continue reading →

Posted in Opinions | Tagged Spousal Election

New Bucks Co. Electronic Filing Rule

Bucks County has adopted a new Rule 4.7A for electronic filing in the Orphans’ Court. ”Order Approving Electronic Filing in the Office of the Clerk of the Orphans’ Court and Promulgating Rule of Orphans’ Court Procedure 4.7A; Administrative Order No. … Continue reading →

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

Distribution of House “As Part of” a Residuary Share Was Not “In Lieu of” That Share

A direction in a will that a beneficiary should have the right to receive the decedent’s residence as part of her one third share of the estate or purchase the house at fair market value did not give the beneficiary … Continue reading →

Posted in Opinions | Tagged Will interpretation

Agent’s Deposit into Joint Account Was a Breach of Fiduciary Duty

An agent’s deposit of a refund check payable to the principal into a bank account in the joint names of the principal and agent was an act of self-dealing and a breach of fiduciary duty by the agent because she … Continue reading →

Posted in Opinions | Tagged Agent's duties, self dealing, surcharge

Right of First Refusal Exercisable

A right of first refusal granted to daughter and her husband by her father’s will was exercisable by daughter alone after her divorce from her husband when an offer to purchase the property was received by the executors more than … Continue reading →

Posted in Opinions | Tagged Right of first refusal

Superior Court Affirms Fiduciary Exception to Attorney-Client Privilege

The Superior Court has followed the plurality opinion in In re Estate of McAleer, 248 A.3d 416 (Pa. 2021), and held that the “fiduciary exception” to the attorney-client privilege and attorney work product doctrine is not contrary to the law … Continue reading →

Posted in Opinions | Tagged Attorney-client privilege, Fiduciary exception

Unsigned Will Not Probated

Decedent gave instructions to attorney for the preparation of a will, but she died in the hospital without signing the will because COVID-19 protocols prevented her attorney or others from delivering the will to her for her signature, and so … Continue reading →

Posted in Opinions | Tagged Attorney fees, Equitable estoppel, Gift, Wills

Value of Rings; Compensation of Administrator Reduced

Value of rings determined by purchase prices from four years before, rather than an appraiser by a jeweler who did not actually examine the rings and misstated the size of the diamond in one of the rings. Compensation of the … Continue reading →

Posted in Opinions | Tagged Executor Commission, Market value

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