IRC section 645 allows an election to treat a revocable trust as part of the estate of the settlor for income tax purposes, which allows revocable trusts to file income tax returns as estates following the death of the settlor...
Daniel Evans
The recent decision of the Superior Court in In re: Petition of Sandra Navarra by the Limited Guardian of Her Estate, 2018 PA Super 84 (4/11/2018), aff’g 7 Fid.Rep.3d 39 (O.C. Lawrence Co. 2016), is significant in addressing the power of the Orphans’ Court...
The Internal Revenue Service has released Rev. Proc. 2018-22, 2018-18 I.R.B. __ (4/30/2018), which modifies and supersedes two sections of Rev. Proc. 2018-18, 2018-10 I.R.B. 392 (3/5/2018), which contained revised inflation adjustments for 2018. The change that affect fiduciary income tax is the … Continue reading
The Orphans’ Court had the power to change the will of an incapacitated person and substitute its judgment for that of the incapacitated person even though changes to an incapacitated person’s will are not among the specific powers listed in … Continue reading
One would think that marriage should be a binary condition: It is either “on” or “off,” because two people are either “married” or “not married.” And that is certainly true of the “on” condition, because the Probate, Estates and Fiduciaries...
The Supreme Court has entered an order with attached amended public access policy (and explanatory report) that amends the public access policy for courts of record. The main purpose of the amendments is to include magisterial district courts within the public … Continue reading
Below is hte author’s form of combined health care power of attorney and living will. There is a separate article with commentary on the form. A copy of the form as an MS Word file is also available here. …...
This article will explain some of the drafting decision reflected in the author’s sample form of combined health care power of attorney and living will (“the form”). Like other articles, the comments below are the opinions of the author, are offered...
The power “to make gifts, including gifts to my agent,” that was included in a power of attorney signed in 2006, was unlimited, and not limited to gifts to spouse and issue, when the principal had no spouse or issue … Continue reading
Notice to Subscribers: When I began adding summaries of court decisions and other materials to this site, I included all cases decided through the Orphans’ Court, including cases on adoptions and parental rights. I now realize that this does not … Continue reading