In an appellate case of first impression, the Superior Court has upheld the validity of a surrogacy contract, finding that the contract did not violate public policy and that, under the contract, the woman who was the “intended parent” under … Continue reading
Daniel Evans
[This article was originally published in Probate & Property, Vol. 19, No. 4, p. 22 (July/August 2005).] The year 2004 marked the end of the federal estate tax credit for state death taxes, and the end of any state death … Continue reading
The Washington County Orphans’ Court has adopted a local rule for mediation procedures. Local Orphans’ Court Rule L-1.4—Washington County Orphans’ Court Mediation Program, No. 2015-1 (10/19/2015), 45 Pa.B. 6497 (11/7/2015). … Continue reading
Codicil upheld as valid even though witnessed by a minor and even though the date on the codicil was added after the death of the testator. Weitz Estate, 5 Fid.Rep.3d 372 (O.C. Luzerne 2015). … Continue reading
When will directed that real estate be sold and the proceeds divided among named beneficiaries, but contained no residuary clause, and agent sold real estate before death, proceeds of sale will be distributed to beneficiaries named in will and rest … Continue reading
Individual retirement account of decedent over the age of 59-1/2 held to be taxable because the applicable of the federal estate tax unified credit, which excluded estate of $5,250,000 from federal estate tax, did not make account “exempt from Federal … Continue reading
Language in trust document regarding creditors of beneficiaries did not restrain voluntary assignments of beneficial interests and so was not a valid spendthrift clause. Further, even a valid spendthrift clause would not have prevented the beneficiary from assigning distributions as … Continue reading
The Supreme Court of Queensland, Australia, has admitted to probate a document written on a iPhone before the owner committed suicide, finding that the document exists, states the testamentary intentions of the deceased, and was intended to be the decedent’s … Continue reading
Westmoreland County has rescinded local Rule WO407(b)(1) and adopted a new Rule WO407(b)(1), recognizing the new $50,000 limit on small estate petitions. “Rescinding Orphans’ Court Rule WO407(b)(1),” No. 3 of 2015, 45 Pa.B. 6116 (Westmoreland Co. 10/10/2015) (effective 30 days … Continue reading
Surviving spouse who unsuccessfully attempted to elect against the decedent’s will and who took other actions to challenge the validity of a prenuptial agreement ordered to pay reasonable legal fees to the estate in accordance with the prenuptial agreement, and … Continue reading