Parental rights of mother were terminated when mother failed to successfully complete any substance abuse, mental health, or parenting programs, has not maintained suitable housing for child, failed to maintain regular visitation with child, and failed to appear at the … Continue reading
Daniel Evans
When there is clear evidence that a substantial amount of money is missing, an agent will be required to file an account even though the agent lacks records to prepare a full account. Guardo v. Buzzuro, 7 Fid.Rep.3d 14 (O.C. … Continue reading
Parental rights of father terminated when he was not able to provide stable housing or ensure the safety of the child, evidence showing that he had not made progress towards remaining drug and alcohol free, improving parenting skills, locating appropriate housing, … Continue reading
The Supreme Court has adopted a new public access policy for records of appellate and trial courts in Pennsylvania. Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts; No. 477 Judicial … Continue reading
Beneficiaries named in a trust amendment prepared by a lawyer do not have standing as third-party beneficiaries to sue the lawyer for breach of contract when the trust amendment was never executed due to an admitted “oversight” by the lawyer. … Continue reading
The following chart shows the status of legislation introduced in the 2015-2016 session of the Pennsylvania legislature that might be of interest to estate and trust practitioners. Click on the bill number to see the history or text of the … Continue reading
The Advisory Committee on Decedents’ Estates Laws of the Joint State Government Commission has released a new report recommending changes to the Probate, Estates and Fiduciary Code (Title 20 Pa.C.S.) and Title 20 Pa.C.S. (Corporations and Unincorporated Associations). Proposed changes … Continue reading
It is clear that the execution of a power of attorney requires at least two disinterested witnesses and either a notary or a lawyer to take the acknowledgements in the place of a notary, as allowed by 42 Pa.C.S. §...
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Amendments to Pa. Rule of Appeallate Procedure 126 have been proposed that would clarify the treatment of unpublished or non-precedential opinions. “Proposed Amendments to Pa.R.A.P. 126,” 47 Pa.B. 7 (App. Ct. Proc. Rules Com. 1/7/2017). … Continue reading
Intent of decedent to create joint bank account determined from the actions of the parties and not the way in which signature cards were filled in; agent who received and disbursed decedent’s funds in good faith during her lifetime held … Continue reading