The execution and validity of a lost will must be proved by two witnesses, who need not testify as the contents of the will. The contents of the will must be proved by clear and convincing evidence. Estate of Wilner, … Continue reading
Daniel Evans
In a brief, one-sentence order, the Supreme Court has directed all judicial districts to “establish and transmit to the Rules Committees (rulescommittees@pacourts.us) the address of a free and publically [sic] accessible website of the court or county in which the … Continue reading
A same-sex civil union entered into in Vermont is not a marriage under Vermont law and not a marriage under Pennsylvania law, so Pennsylvania divorce law does not apply. Corrado v. Musto, 6 Fid.Rep.3d 237, 153 Montg. 173, No. 2015-14981 … Continue reading
Real property that was sold by the guardian of the estate of the incapacitated decedent to pay expenses of the decedent, but which was specifically devised by the decedent’s will, was not adeemed under 20 Pa.C.S. 2514(16.1) and the devisees … Continue reading
On July 8, Governor Wolf signed S.B. 1104 into law, making it Act 79 of 2016. Act 79 makes numerous changes to the Probate, Estates and Fiduciaries Code, including including changes affecting how to determine title to real estate, personal … Continue reading
Juniata and Perry Counties have repealed their Orphans’ Court rules and adopted new rules, to be effective September 1, 2016 (the date the new Pennsylvania Orphans’ Court Rules become effective). Repeal and Adoption of Rules of Orphans’ Court Procedure, No. … Continue reading
The Real Property, Probate & Trust Law Section of the Pennsylvania Bar Association will hold its 2016 Annual Retreat August 10-12 at the Inn at Pocono Manor. The brochure describing the educational programs and social events is available on-line, and … Continue reading
An unliquidated personal injury action is not a “future interest” within the meaning of section 2116(c) of the Inheritance and Estate Tax Act (72 P.S. 9116(c)) and so disclaimers filed more than nine months after death were not effective for … Continue reading
Effective June 1, 2016, the Delaware County Register of Wills and Clerk of the Orphans’ Court will begin accepting credit and debit card payments, but only for applications for marriage licenses and for copies of marriage licenses. A “convenience fee” … Continue reading
The American College of Trust and Estates Counsel (ACTEC) has sent comments to the Internal Revenue Service on the proposed regulations for basis reporting by estates. Comments on Proposed Regulations Under Sections 1014(f) and 6035 (5/27/2016). These comments should be … Continue reading