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Home→Author Daniel Evans - Page 74 << 1 2 … 72 73 74 75 76 … 123 124 >>

Author Archives: Daniel Evans

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Waiver of Previously Claimed Privilege

The wife of the decedent and executor of his estate, who had asserted attorney-client privilege during discovery, could not then waive the privilege at trial unless the opposing litigants could first conduct discovery regarding the communications for which the privilege … Continue reading →

Posted in Opinions | Tagged Attorney-client privilege

Inflation Adjustments for 2019

With the release of the Chained Consumer Price Index (C-CPI-U) for August 2018, it’s possible to calculate various inflation adjustments for 2019. The following are the significant federal estate planning numbers, with the numbers for 2018 shown in parentheses: The … Continue reading →

Posted in News | Tagged Federal estate tax, Federal generation-skipping tax, Federal gift tax, Federal income tax

Selling the Decedent’s Residence at a Loss

Posted on September 9, 2018 by Daniel EvansSeptember 21, 2018

One of the most common capital transactions for estates is the sale of the decedent’s residence, and current tax law would seem to provide the greatest benefit to beneficiaries by claiming the expenses of that sale as part of that...

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Posted in News, Tips | Tagged Capital losses, Fiduciary income tax

New Guardianship Tracking System Rule

Posted on August 31, 2018 by Daniel EvansApril 17, 2021

The Supreme Court has entered an order adopting a new Rule 510 of the Pennsylvania Rules of Judicial Administration that implements a new statewide electronic filing and tracking system for reports and inventories of guardians of adult incapacitated persons.  “In … Continue reading →

Posted in News, Rules and Regs. | Tagged Guardianship, Guardianship Tracking System

Chester Co. Register of Wills Amended Fees

Chester Co. has amended the fee schedule of the Register of Wills in two ways: The filing fee for an affidavit of death pursuant to 20 Pa.C.S. § 925 is changed to $25.00.  “Fee Bill for the Office of the … Continue reading →

Posted in News, Rules and Regs. | Tagged Register of Wills

Eligible Institutions for Fiduciary Funds

The Supreme Court updates from time to time (and the Disciplinary Board publishes in the Pennsylvania Bulletin) a list of the names of financial institutions which are “eligible institutions” in which lawyers may deposit funds held by the lawyer as … Continue reading →

Posted in Directories | Tagged Rules of Professional Conduct

Probate Denied for Lack of Testamentary Capacity; Family Agreement Rejected

Probate of will and codicil was denied for lack of testamentary capacity that was supported by medical testimony and by evidence that the decedent had shown signs of memory loss and dementia before the execution of the will and trust, … Continue reading →

Posted in Opinions | Tagged Family settlement agreement, Testamentary Capacity, Unclean hands

Attorney-Client Privilege Waived in Will Contest

The beneficiary of a putative will has standing to request a waiver of attorney-client privilege in a dispute over the validity of the will due to lack of testamentary capacity, allegations of fraud in the execution of a note by … Continue reading →

Posted in Opinions | Tagged Attorney-client privilege, Testamentary Capacity

Discovery of Attorney Invoices not Appealable

In a dispute over legal fees paid by a trustee, the Orphans’ Court ordered the trustee to turn over to the beneficiaries unredacted invoices for legal fees paid and, on appeal, the Superior Court held that the order was not … Continue reading →

Posted in Opinions | Tagged Attorney-client privilege, Collateral order, Discovery

No “De Facto” Tenancy by Entireties

Surviving husband had no rights to any properties conveyed by his deceased wife one month before her death despite his claims of “sweat equity” in maintaining and improving the properties during their marriage because there is no “de facto” tenancy … Continue reading →

Posted in Opinions | Tagged Tenancy by entireties

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