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Home→Author Daniel Evans - Page 94 << 1 2 … 92 93 94 95 96 … 122 123 >>

Author Archives: Daniel Evans

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Applicable Federal Rates Edge Upwards

Posted on March 16, 2017 by Daniel EvansMarch 16, 2017

The various applicable federal rates (AFRs) published by the Internal Revenue Service, which are used to value life estates, remainders, annuities, and other future interests, as well as intra-family loans, continue to edge upwards. The new section 7520 rate for … Continue reading →

Posted in News | Tagged applicable, IRC 7520

Power of Attorney Form in MS Word

Posted on March 9, 2017 by Daniel EvansMarch 9, 2017

In response to several requests, I have edited the page with my power of attorney form to include a link to a copy of the form as an MS Word document. … Continue reading →

Posted in News | Tagged Power of Attorney

Non-Litigating Heir Cannot Challenge Settlement

An intestate heir who does not join in an appeal from the probate of a will has no standing to challenge a settlement agreement between the beneficiary under the will and the other intestate heirs which left the probate of … Continue reading →

Posted in Opinions | Tagged Standing

Surcharge of Agent Denied

When a power of attorney lacks the notice and acknowledgement required by 20 Pa.C.S. § 5601, the burden is on the agent to show that the actions taken by the agent were in the principal’s best interest. Even though the … Continue reading →

Posted in Opinions | Tagged Agent's liability

Gift of Precious Metals not Proved

The daughter of the decedent did not prove ownership of precious metals that were in the decedent’s home at the of his death because she was the only witness to an alleged gift by the decedent to her during her … Continue reading →

Posted in Opinions | Tagged Credibility, Dead man's rule, Gift

Lawyer Registration Fee Changes

The Supreme Court has adopted amendments to the Rules of Disciplinary Enforcement that will reduce the annual registration fee for active lawyers from $125 to $120, but increase the annual fee that goes to the Lawyers Fund for Client Security … Continue reading →

Posted in News | Tagged Rules of Professional Conduct

Surviving Spouse Can Compel Portability Election

The Oklahoma Supreme Court has held that a decedent’s unused federal estate tax exclusion amount (referred to in IRC section 2010 as the “deceased spousal unused exclusion amount,” or “DSUE”) is an asset of the decedent’s estate that the administrator … Continue reading →

Posted in News, Opinions | Tagged Deceased spousal unused exclusion amount, Federal estate tax, Fiduciary duty, Prenuptial Agreement

Amended Armstrong Co. Local O.C. Rule

Armstrong County has amended its Local O.C. Rule 10.7, relating to the filing of inventories.  Adoption of New Local Orphans’ Court Rules, No. CP-03-AD-0000001-2016 (1/20/2017), 47 Pa.B. 950 (Armstrong Co. 2/18/17). … Continue reading →

Posted in News, Rules and Regs.

Parent Wrongfully Excluded from Hearing on Termination of Parental Rights

A termination of parental rights will be vacated for lack of due process when the trial judge allows the parent to leave the courtroom due to illness and then refuses to allow the parent to reenter the courtroom a few … Continue reading →

Posted in Opinions | Tagged Due Process, Parental rights

Armstrong Co. O.C. Fee Schedule

Armstrong County has published a new fee schedule for the Clerk of the Orphans’ Court, to be effective 30 days after publication in the Pa. Bulletin.  Adoption of New Local Rules of Court—2002, No. CP-03-AD-0000189-2002 (Armstrong Co. 1/4/2017), 47 Pa.B. … Continue reading →

Posted in News, Rules and Regs. | Tagged Clerk of the Orphans' Court

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