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Home→Author Daniel Evans - Page 79 << 1 2 … 77 78 79 80 81 … 119 120 >>

Author Archives: Daniel Evans

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New Pa.O.C. Rule on Public Access

The Supreme Court has entered an order following the recommendation of the Orphans’ Court Procedural Rules Committee and adopting a new Pa.O.C. Rule 1.99 to conform to the Public Access Policy of the Unified Judicial System of Pennsylvania, effective 1/6/2018.  Notes to various … Continue reading →

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

Residuary Beneficiaries Have Standing for Malpractice over TOD Account

Decedent’s grandchildren, as 30% residuary beneficiaries under the will drafted by the defendant law firm, have standing to pursue a malpractice action against the law firm when the bulk of the decedent’s assets were in a “transfer on death” brokerage … Continue reading →

Posted in Opinions | Tagged Lawyer malpractice, Standing

More New Public Access Rules

Ten more counties have adopted public access rules to comply with Section 7 of the Public Access Policy of the Unified Judicial System of Pennsylvania, which applies to the Clerks of the Orphans’ Courts. “Rules of Judicial Administration: Public Access … Continue reading →

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

Timely Jury Trial Request by Alleged Incapacitated Person

A request for a jury trial on the issue of incapacity was timely, and the right to a jury trial was not waived under 20 Pa.C.S. § 777(d), when the request was filed nine days after service of the petition … Continue reading →

Posted in Opinions | Tagged Guardianship, Incapacitated Person, Jury trial

Summary of the Reconciliation Act of 2017

Posted on December 25, 2017 by Daniel EvansOctober 23, 2018

The tax bill formerly known as the “Tax Cuts and Jobs Act” (H.R. 1) is now Public Law No. 115-97. The official title of the act is “To provide for reconciliation pursuant to titles II and V of the concurrent … Continue reading →

Posted in Articles, News, Statutes | Tagged Federal estate tax, Federal gift tax, Fiduciary income tax

Filing Fee Increases (Acts 40 and 44 of 2017)

The Supreme Court has entered an order adopting new financial regulations that will increase the statutory fee for a grant of letters by the Register of Wills, and for petitions filed with the Orphans’ Court for adoptions, incapacitated persons’ estates, minors’ estates, … Continue reading →

Posted in Rules and Regs. | Tagged Filing fees

More New Public Access Rules

Posted on December 22, 2017 by Daniel EvansDecember 22, 2017

Two more counties have adopted public access rules to comply with Section 7 of the Public Access Policy of the Unified Judicial System of Pennsylvania, which applies to the Clerks of the Orphans’ Courts, and Philadelphia County has amended its … Continue reading →

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

Beneficiary Designation Mailed Before Death

A beneficiary designation that was signed and mailed by the decedent was binding and effective even though the decedent died before the designation form was received by the State Employees’ Retirement System.  Estate of Lynn D. Wilson v. State Employees’ Retirement … Continue reading →

Posted in Opinions | Tagged Beneficiary designations

Effect of Unrecorded Deed; Appeal from Probate of Photocopy of Will

The Orphans’ Court properly found that the burden of proof was on the surviving wife, as the surviving owner of property conveyed to her and the decedent by the decedent in a 2006 deed, as to whether the deeds to … Continue reading →

Posted in Opinions | Tagged Collateral estoppel, Lost wills, Pa.R.A.P. 342, Res judicata, Unrecorded deed

Revocable Trust not Modified by Later Marriage

A surviving spouse who is not a beneficiary of a revocable trust executed before the marriage is not entitled to an intestate share of the trust under 20 Pa.C.S. § 2507(3) because that section is not a “rule of construction” … Continue reading →

Posted in Opinions | Tagged Modification by circumstances, Revocable trust

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