When a person dies without a will, or dies with a will that does not have a residuary clause or does not dispose of the decedent’s entire estate, then the part of the decedent’s estate not disposed of by a...
As a co-agent with her husband, a wife had a duty to the principal to act on her knowledge of her husband’s actions to protect the principal from theft and fraud by the husband as co-agent, and is therefore jointly … Continue reading
The Internal Revenue Service has introduced a new online service that can provide additional information about tax-exempt organizations. According to IR-2018-116, the new Tax Exempt Organization Search (TEOS) replaces EO Select Check (a more limited service available since 2012) and makes … Continue reading
The order of the Supreme Court that amended the public access policy of the Pennsylvania courts and was published at 48 Pa.B. 2113 (4/14/2018) has been republished as an “Amended Order” at 48 Pa.B. 2602 (5/5/2018). The only apparent change is that … Continue reading
The executor or administrator of a decedent’s estate is required to file the estate tax return for the estate (I.R.C. § 6018(a)) and is liable for the resulting tax (I.R.C. § 2002), and is required to file the decedent’s income...
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...
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...