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Home→Author Daniel Evans - Page 68 << 1 2 … 66 67 68 69 70 … 119 120 >>

Author Archives: Daniel Evans

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Sole Use Trust Projections

Posted on October 22, 2018 by Daniel EvansOctober 22, 2018

The Webcalculators website for online estate, trust, tax, and financial calculators now includes a projection of the value of a “sole use trust” for the benefit of a surviving spouse with and without the election to pre-pay the inheritance tax … Continue reading →

Posted in News | Tagged Inheritance Tax, Sole use trust

Register Properly Determined Residence of Decedent and Denied Letters to Spouse

Register of Wills properly found that it had jurisdiction to issue letters of administration based on the decedent’s driver’s license, car registration, financial responsibility insurance card, and telephone bill, even though decedent and his spouse owned a home in Bucks … Continue reading →

Posted in Opinions | Tagged Domicile, PEF 3155

Order for Neuropsychological Examination is Constitutional and not Appealable

Court order directing the alleged incapacitated person to submit to an independent neuropsychologic examination for the purpose of determining capacity did not violate the constitutional rights of the person, and the order should be considered interlocutory and not appealable.  Estate of … Continue reading →

Posted in Opinions | Tagged Collateral order, Incapacity, Right of privacy

Forgery, Lack of Testamentary Capacity, and Undue Influence Not Proven

Forgery is not proved by the testimony of the decedent’s children that the signature on the will does not look like the decedent’s when the decedent’s lawyer and the subscribing witnesses to the will all testify that they saw the … Continue reading →

Posted in Opinions | Tagged Forgery, Testamentary Capacity, Undue influence

No Life Support for Child without Brain Activity

Court would not issue a temporary restraining order to continue life support for minor child who showed no brain activity and was legally dead under the Uniform Declaration of Death Act, 35 P.S. § 10203.  In Re Anonymous, a Minor, 8 … Continue reading →

Posted in Opinions | Tagged Life support

Timely Payment of Inheritance Tax

Posted on October 15, 2018 by Daniel EvansOctober 15, 2018

The five percent discount for inheritance tax paid within three months of death (§ 2142 of the Inheritance and Estate Tax Act, 72 P.S. § 9142) is often a significant benefit, and so care should be taken to make sure...

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Posted in Articles, Tips | Tagged Inheritance Tax, Inheritance tax discount

Clinton County Adopts New Local Orphans’ Court Rules

Clinton County has adopted new local Orphans’ Court rules, effective thirty days after publication.  “Local Rules; 29 January Term 1976” (Clinton Co. 9/28/2018), 48 Pa.B. 6551, 6561 (10/13/2018). … Continue reading →

Posted in News, Rules and Regs. | Tagged Local Rules, Pa.O.C. Rules

Clinton County Updates Public Access Rule

Clinton County has updated its administrative rules, including its rule on the public access policy.  “Local Rules; 29 January Term 1976” (Clinton Co. 9/28/2018), 48 Pa.B. 6551 (10/13/2018). … Continue reading →

Posted in News, Rules and Regs. | Tagged Public access policy

Agent Cannot Represent Incapacitated Principal in Divorce Action

The Superior Court has held that an incapacitated person can be represented in a divorce action only by a court-appointed guardian or guardian ad litem, and that an agent under a durable power of attorney cannot prosecute or defend a … Continue reading →

Posted in Opinions, uncategorized | Tagged Agent's powers, Divorce, Incapacitated Person

No Substantial Compliance in Beneficiary Change

Change of beneficiary form that referred to original annuity contract and was submitted to the insurance company after the contract had matured and been converted to a supplemental annuity contract was insufficient to change the beneficiary of the supplemental contract … Continue reading →

Posted in Opinions | Tagged Beneficiary designations, Declaratory Judgment, Substantial compliance

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