The Commonwealth Court has considered the standards to be applied by the Public School Employees’ Retirement Board when it is alleged that a Public School Employee’s Retirement System beneficiary designation is the product of undue influence. Snizaski v. Pub. School … Continue reading
At its recently completed 2014 annual meeting, the National Conference of Commissioners on Uniform State Law approved the Uniform Fiduciary Access to Digital Assets Act. When enacted by the various states, the act will provide personal representatives of estates, agents … Continue reading
This second part of a four part series describes the changes made by Act 95 of 2014 to the authority of agents to make gifts and other acts affecting the principal's estate plan and the disposition of property after the death of the principal.
Montgomery County has adopted new fee schedules for the Register of Wills and Clerk of the Orphans’ Court, both effective 8/8/2014. Fees of Register of Wills, 44 Pa.B. 5188 (8/2/2014); Fees of Clerk of Orphans’ Court, 44 Pa.B. 5187 (8/2/2014). … Continue reading
When a claim against an estate is filed with the Clerk of the Orphans’ Court in accordance with 20 Pa.C.S. § 3532(b)(2), and the claim is paid or otherwise satisfied without an account being filed with the court, it is...
The Pennsylvania Supreme Court has held that a Register of Wills who issues letters to a personal representative without a bond required by law is not immune from liability under the Political Subdivision Tort Claims Act, 42 Pa.C.S. §§ 8541-8542, and … Continue reading
As previously reported, the IRS has published final regulations on the expenses of estates and trusts that are subject to the 2% floor for miscellaneous itemized deductions. T.D. 9664, 79 F.R. 26616 (5/9/2014) These final regulations require estates and trusts … Continue reading
House Bill 1429, which makes a number of changes to the form and effect of powers of attorney, was signed by Governor Corbett on July 2, becoming Act 95 of 2014. The more important changes made by Act 95 include new requirements for witnesses and notarized acknowledgements, changes to the notice to the principal and the required acknowledgements by agents, new limits on the liability of third parties in order to reverse the reasoning of the Supreme Court in the Vine decision, new limits on the power of agents to make gifts and other estate planning actions, and a revision and restatement of the duties and liabilities of agents.Continue reading
Pennsylvania H.B. 1429, which makes a number of changes to the form and effect of powers of attorney, was signed by Governor Corbett on July 2, becoming Act 95 of 2014. Updated on July 10: Here is the first installment … Continue reading
Lehigh County has adopted new local Orphans’ Court rules, generally effective 5/15/2014. Orphans’ Court Rules, File No. AO 2014-0002 (3/20/2014), 44 Pa.B. 2201 (4/12/2014). … Continue reading