Trust Situs: Jurisdiction, Governing Law, and Taxation

The word “situs,” from the Latin for “position” or “location,” is often used in connection with three different issues: which state’s courts have jurisdiction over the administration of the trust, which state’s laws govern the interpretation or administration of the...

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New Realty Transfer Tax Guidance

The Pa. Department of Revenue has issued a Realty Transfer Tax Bulletin explaining the exemption for real property distributed from an estate, and the bulletin provides some helpful guidance on a few issues. Realty Transfer Tax Bulletin 2024-01, “Transfers from...

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New Directed Trust Act

S.B. 1231 has been passed by both houses of the Pennsylvania legislature and was signed by the governor on July 15, 2024, becoming Act 64 of 2024, P.L. ___, to be effective in 90 days. The bill adopted changes to...

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Inheritance Tax on UTMA Accounts of Donors Who Are Not Parents of the Minor

There are several court opinions holding that the assets held in a Uniform Transfers to Minors Act (UTMA) account are subject to federal estate tax upon the death of the donor when the donor is serving as the custodian for...

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Non-Reimbursable Legal Fees of Fiduciaries

The recent decision of the Supreme Court In re: Estate of William K. McAleer, 248 A.3d 416, ___ Pa. ____ (4/7/2021), is being widely discussed in the context of the extent to which the opinions and time records of the...

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Missing Income Tax Returns of a Decedent

One of the duties of the executor or administrator of an estate is to file required income tax returns for the decedent. I.R.C. § 6012(b)(1) states that the federal income tax return that is required for a decedent shall be...

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Final Regulations on Administration Expenses and Excess Deductions

The Internal Revenue Service has published final regulations on the deductibility of administration expenses for both estates and trusts and for their beneficiaries when the estates or trusts terminate. “Effect of Section 67(g) on Trusts and Estates,” TD 9918, 85...

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Deductibility of Estate and Trust Administration Expenses

Under the new regulations for I.R.C. §§ 67 and 642(h), it becomes even more important for both estates and trusts and their beneficiaries to determine which administration expenses are deductible and which are not. (See “Final Regulations on Administration Expenses...

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