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Home→Author Daniel Evans - Page 81 << 1 2 … 79 80 81 82 83 … 119 120 >>

Author Archives: Daniel Evans

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Wrongful Death Proceeds not Part of Estate

In accounting filed for husband’s estate, Orphans’ Court had no jurisdiction over funds previously awarded to wife as compensation for wrongful death and loss of consortium but erroneously paid to husband’s estate, and so ordered the personal representatives to file … Continue reading →

Posted in Opinions | Tagged Wrongful Death

Counsel Fees Imposed on Obdurate Party

Counsel fees of $25,000 were properly imposed under 42 Pa.C.S. § 2503(7) and (8) on a party as sanctions for dilatory, obdurate, and vexatious conduct in continuing to pursue matters that were without merit and were previously decided.  Mumma Estate, … Continue reading →

Posted in Opinions | Tagged 42 Pa.C.S. 2503, Counsel fees and costs

Fees Incurred by Insolvent Estate to Defend Decedent against Surcharge

Executor commissions and legal fees paid by insolvent estate to the son of the decedent will be reduced when the legal fees were in great measure incurred to defend the estate from a claim of surcharge against the decedent who … Continue reading →

Posted in Opinions | Tagged PEF 3392, surcharge

Agent Had no Duty to Elect Against Will

An agent under of a power of attorney did not have a duty to claim an elective share of the estate of a deceased spouse when the surviving spouse was entitled to a gift in trust equal to the elective … Continue reading →

Posted in Opinions | Tagged Agent's duties, Estate recovery program, Medical assistance, Spousal Election

Joint Account with Wife not Product of Undue Influence

The transfer of more than $6 million to a joint account with the decedent’s wife six years before the decedent’s death was not invalid due to lack of testamentary capacity and was not the product of undue influence, notwithstanding that … Continue reading →

Posted in Opinions | Tagged Testamentary Capacity, Undue influence

Estate Tax Non-Repeal

Posted on December 2, 2017 by Daniel EvansDecember 2, 2017

Although federal estate tax repeal has been a talking point for the Republican party for years, and estate tax repeal was part of the tax bill that passed the House of Representatives November 16th, the amended version of H.R. 1 … Continue reading →

Posted in News | Tagged Federal estate tax, Federal gift tax

More New Public Access Rules

Six 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. “Adoption of Local Rule of Judicial … Continue reading →

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

Delaware Co. Fee Amendments

Delaware County has amended the fee schedules of the Register of Wills and Clerk of the Orphans’ Court, increasing the Judicial Computer System (JCS) Fee from $35.50 to $40.25, the Register of Wills Automation Fee from $15.50 to $15.75, and … Continue reading →

Posted in News, Rules and Regs.

New Local Public Access Rules

Five 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. “Adoption of Rule of Judicial Administration … Continue reading →

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

Petition for Disinterment Properly Disallowed

The Orphans’ Court did not abuse its discretion in denying a petition to disinter the remains of the petitioner’s mother for the purpose of conducting an autopsy to determine if the death was not natural when the petition was filed … Continue reading →

Posted in Opinions | Tagged Disinterment of remains

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