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Home→Author Daniel Evans - Page 70 << 1 2 … 68 69 70 71 72 … 127 128 >>

Author Archives: Daniel Evans

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New Bucks Co. Guardianship Rules

Bucks County has vacated Bucks Co. O.C. Rules 14.2A through 14.5I and and adopted Rules 14.2A (Notice of Mental Health Commitment), 14.2B (Withdrawal of Petition), and 14.9A (Allowances), all relating to guardianships. “Order Rescinding Orphans’ Court Rules 14.2A through 14.5I … Continue reading →

Posted in News, Rules and Regs. | Tagged Guardianship, Local Rules

Repeal of the Inheritance Tax for Descendants?

Posted on May 10, 2019 by Daniel EvansJune 28, 2019

There have been attempts from time to time in the Pennsylvania House of Representatives to repeal the Pennsylvania inheritance tax, but those attempts have always died in the Senate. It is therefore noteworthy that a bill to repeal the inheritance … Continue reading →

Posted in News | Tagged Inheritance Tax

Relevant Evidence and Classifications

Posted on May 3, 2019 by Daniel EvansMay 3, 2019

The Supreme Court’s Committee on Rules of Evidence has published a proposed addition to the official comment to Pa.R.E. Rule 401 (“Test for Relevant Evidence”). The new comment would state that: “Generally, evidence of a person’s race, sex, gender identity … Continue reading →

Posted in News, Rules and Regs. | Tagged Rules of Evidence

NJ Parents Liable for Support in Pennsylvania

Pennsylvania’s filial support law (23 Pa.C.S. § 4603) applies to the New Jersey parents of an adult indigent son who was provided care in Pennsylvania. Melmark, Inc. v. Schutt, 78 MAP 2017 (Pa. 4/26/2019), rev’g 169 A.3d 638, 2017 PA … Continue reading →

Posted in Opinions | Tagged 23 Pa.C.S. section 4603, Choice of law, Filial support

Administrator Cannot Sue Pro Se

The administrator of an estate, who was not the sole beneficiary of the estate, cannot bring an action for medical malpractice “pro se” and without a lawyer. Deree J. Norman, Administrator v. Temple University Health System, 208 A.3d 1115, 2019 … Continue reading →

Posted in Opinions | Tagged Right to counsel, Unauthorized practice of law

Trust Beneficiary as Sole Trustee

When trust document specifically excluded son from discretionary distribution decisions for son’s trust, son may be appointed to serve as a trustee but may not be the sole trustee. It was proper for the corporate trustee who had been appointed … Continue reading →

Posted in Opinions | Tagged Trustee appointment, Trustee commissions

Agent Must Return Joint Accounts

An agent abused her powers, and was ordered to return joint accounts to the estate, when she added the principal’s money to accounts that were in the joint names of her and the principal, knowing that the money would become … Continue reading →

Posted in Opinions | Tagged Agent's duties

Attorney Registration Late Payment and Collection Fees

The Disciplinary Board of the Supreme Court has announced that, for the 2019-2020 Registration Year, the penalty for failing to complete registration by July 16 will be $200, with an additional $200 penalty for failing to complete registration by August … Continue reading →

Posted in News | Tagged Rules of Disciplinary Enforcement

Judicial Sale Allowable over Objection of Mortgagee

The Orphans’ Court may order a judicial sale of property under 20 Pa.C.S. 3353 over the objections of the holder of a mortgage lien and the lien will attach to the proceeds of sale. In re: Estate of Anna Marie … Continue reading →

Posted in Opinions | Tagged Mortgage lien, PEF 3353

Trust not Voided for Fraud in Inducement

Posted on April 23, 2019 by Daniel EvansJanuary 25, 2021

Failure to list property addresses in the schedule to an irrevocable trust was not sufficient evidence of fraud in the inducement to void the trust when the corporate owners of the properties were listed and were accurately valued, there being … Continue reading →

Posted in Opinions | Tagged Fraud in the inducement, PEF 7736

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