When a trustee engages in an act of self-dealing by using trust assets as collateral for loans taken out for the benefit of the trustee and his family, the court may impose a surcharge based on the benefit to the … Continue reading
Daniel Evans
Generally speaking, an individual retirement account (IRA) is subject to inheritance tax if the owner of the account was age 59-1/2 or older at death, and an employer-sponsored pension, profit-sharing, or other form of retirement plan is taxable if the … Continue reading
The Orphans’ Court had jurisdiction to determine the disposition of the decedent’s remains in accordance with the will of the decedent even though the will had not yet been admitted to probate. The Philadelphia Orphans’ Court did not abuse its … Continue reading
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
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