Tips | Evans Estate Law Resources

Selling the Decedent’s Residence at a Loss

Posted on September 9, 2018 by Daniel EvansSeptember 21, 2018

One of the most common capital transactions for estates is the sale of the decedent’s residence, and current tax law would seem to provide the greatest benefit to beneficiaries by claiming the expenses of that sale as part of that...

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Other Inheritance Tax Exclusions

Posted on July 23, 2018 by Daniel EvansJuly 23, 2018

Most exclusions from the Pennsylvania inheritance tax can be found in section 2111 of the Inheritance and Estate Tax Act, Part III of Article XXI of the Tax Reform Code of 1971, 72 P.S. § 9112. However, there are other...

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Things To Do Before Closing an Estate

Posted on June 29, 2018 by Daniel EvansJune 29, 2018

Some things to consider doing before ending an estate administration: Check with the Life Policy Locator Service provided by the National Association of Insurance Commissioners to see if there are any policies insuring the decedent that were overlooked or not known...

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Who is the “Executor” for Tax Purposes When There is No Executor?

Posted on April 29, 2018 by Daniel EvansApril 30, 2018

The executor or administrator of a decedent’s estate is required to file the estate tax return for the estate (I.R.C. § 6018(a)) and is liable for the resulting tax (I.R.C. § 2002), and is required to file the decedent’s income...

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Pennsylvania Income Tax Returns for Revocable Trusts after the Settlor’s Death

Posted on April 13, 2018 by Daniel EvansApril 16, 2018

IRC section 645 allows an election to treat a revocable trust as part of the estate of the settlor for income tax purposes, which allows revocable trusts to file income tax returns as estates following the death of the settlor...

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Public Access Policy Compliance for Orphans’ Court Filings

Posted on January 7, 2018 by Daniel EvansApril 14, 2023

On January 6, 2017, the Supreme Court adopted a new public access policy (“the Policy”) for records of appellate and trial courts in Pennsylvania, which became effective January 6, 2018. The Policy applies to filings in the Orphans’ Courts of...

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Software and Services for an Estates Practice

Posted on November 3, 2017 by Daniel EvansFebruary 19, 2018

This is an updated list of software that was originally published as an appendix to my book Wills, Trusts, and Technology, published by the American Bar Association and now in its second edition. In addition to updating names, publishers, and … Continue reading →

Pennsylvania Taxation of Income in Respect of a Decedent

Posted on September 28, 2017 by Daniel EvansFebruary 28, 2024

[Updated 2/28/2024] The Pennsylvania personal income tax treats “income in respect of a decedent” (often referred to as “IRD”) in a way that is completely different from the federal income tax treatment of IRD, and practitioners dealing with estates of … Continue reading →

Tips for Easier Drafting from Forms

Posted on April 7, 2017 by Daniel EvansApril 7, 2017

The forms in use in a firm should be easy to edit, and it should be easy to copy and paste language from one document to another, so lawyers responsible for creating or maintaining will and trust (and other estate … Continue reading →

Self-Proving Will with Lawyer and One Other Witness

Posted on January 12, 2017 by Daniel EvansJanuary 13, 2017

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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