Surcharge, Gifts Under POA, and Dead Man’s Rule

Agent under power of attorney filed account that included $480,515 in gifts to family, which sister of agent (and one of two beneficiaries under decedent’s will) objected to gifts as beyond the Agent’s power and under Section 5601.2(e) pertaining to prudent estate planning; the court found that all gifts under the federal exclusion proper and all gifts above the federal exclusion dictated by decedent were proper, but a gift by the agent to the agent (Dead Man’s Rule) without third party testimony as to decedent’s intent to gift and use of decedent’s account post death were improper, surcharging the Agent $32,874.  Betty J. Fiedler, In re, 4 Fid. Rep. 3d 90 (O.C. Lanc. 2013) (Opinion by Hoberg, J.)

 

 

Summary Judgment in Will Contest

Disinherited children and grandchildren alleged fraud, undue influence, lack of testamentary capacity, and forgery of probated will, of which a good friend of the decedent was the sole beneficiary.  After considerable discovery, sole beneficiary moved for summary judgment, and the court found there was no genuine issue of material fact and granted the motion.  Estate of Sheila Curry Sayer, 4 Fid. Rep. 3d 63 (O.C. Del. 2013) (opinion by Kenney, J.), aff’d No. 3150 EDA 2013 (Pa. Super. 4/13/2015) (non-precedential).

Lease Agreement and Church Property

Archdiocese of Philadelphia petitioned court to allow rental of church cemeteries to third party company.  Court concluded that it had jurisdiction to approve contracts for cemeteries outside of its county, and that rental agreement did not constitute a diversion of property from the purposes, uses, and trusts to which the cemeteries had been lawfully dedicated.  Archdiocesan Cemeteries Lease Agreement, 4 Fid. Rep. 3d 76 (O.C. Phila. 2014) (Opinion by Herron, J.)

Applicable Federal Rates for 2012

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HTML Version Copyright 1995-2024 Daniel B. Evans. All rights reserved.

— Short Term Rates for 2012 —

MonthAnnualSemiann.QuarterlyMonthly
Jan-120.19%0.19%0.19%0.19%
Feb-120.19%0.19%0.19%0.19%
Mar-120.19%0.19%0.19%0.19%
Apr-120.25%0.25%0.25%0.25%
May-120.28%0.28%0.28%0.28%
Jun-120.23%0.23%0.23%0.23%
Jul-120.24%0.24%0.24%0.24%
Aug-120.25%0.25%0.25%0.25%
Sep-120.21%0.21%0.21%0.21%
Oct-120.23%0.23%0.23%0.23%
Nov-120.22%0.22%0.22%0.22%
Dec-120.24%0.24%0.24%0.24%

— Mid Term Rates for 2012 —

MonthAnnualSemiann.QuarterlyMonthly
Jan-121.17%1.17%1.17%1.17%
Feb-121.12%1.12%1.12%1.12%
Mar-121.08%1.08%1.08%1.08%
Apr-121.15%1.15%1.15%1.15%
May-121.30%1.30%1.30%1.30%
Jun-121.07%1.07%1.07%1.07%
Jul-120.92%0.92%0.92%0.92%
Aug-120.88%0.88%0.88%0.88%
Sep-120.84%0.84%0.84%0.84%
Oct-120.93%0.93%0.93%0.93%
Nov-120.89%0.89%0.89%0.89%
Dec-120.95%0.95%0.95%0.95%

 — Long Term Rates for 2012 —

MonthAnnualSemiann.QuarterlyMonthly
Jan-122.63%2.61%2.60%2.60%
Feb-122.58%2.56%2.55%2.55%
Mar-122.65%2.63%2.62%2.62%
Apr-122.72%2.70%2.69%2.68%
May-122.89%2.87%2.86%2.85%
Jun-122.64%2.62%2.61%2.61%
Jul-0122.30%2.29%2.28%2.28%
Aug-122.23%2.22%2.21%2.21%
Sep-122.18%2.17%2.16%2.16%
Oct-122.36%2.35%2.34%2.34%
Nov-122.40%2.39%2.38%2.38%
Dec-122.40%2.39%2.38%2.38%

Applicable Federal Rates for 2011

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HTML Version Copyright 1995-2024 Daniel B. Evans. All rights reserved.

— Short Term Rates for 2011 —

MonthAnnualSemiann.QuarterlyMonthly
Jan-110.43%0.43%0.43%0.43%
Feb-110.51%0.51%0.51%0.51%
Mar-110.54%0.54%0.54%0.54%
Apr-110.55%0.55%0.55%0.55%
May-110.56%0.56%0.56%0.56%
Jun-110.46%0.46%0.46%0.46%
Jul-110.37%0.37%0.37%0.37%
Aug-110.32%0.32%0.32%0.32%
Sep-110.26%0.26%0.26%0.26%
Oct-110.16%0.16%0.16%0.16%
Nov-110.19%0.19%0.19%0.19%
Dec-110.20%0.20%0.20%0.20%

— Mid Term Rates for 2011 —

MonthAnnualSemiann.QuarterlyMonthly
Jan-111.95%1.94%1.94%1.93%
Feb-112.33%2.32%2.31%2.31%
Mar-112.44%2.43%2.42%2.42%
Apr-112.49%2.47%2.46%2.46%
May-112.44%2.43%2.42%2.42%
Jun-112.27%2.26%2.25%2.25%
Jul-112.00%1.99%1.99%1.98%
Aug-111.90%1.89%1.89%1.88%
Sep-111.63%1.62%1.62%1.61%
Oct-111.19%1.19%1.19%1.19%
Nov-111.20%1.20%1.20%1.20%
Dec-111.27%1.27%1.27%1.27%

 — Long Term Rates for 2011 —

MonthAnnualSemiann.QuarterlyMonthly
Jan-113.88%3.84%3.82%3.81%
Feb-114.15%4.11%4.09%4.08%
Mar-114.30%4.25%4.23%4.21%
Apr-114.25%4.21%4.19%4.17%
May-114.19%4.15%4.13%4.11%
Jun-114.05%4.01%3.99%3.98%
Jul-113.86%3.82%3.80%3.79%
Aug-113.86%3.82%3.80%3.79%
Sep-113.57%3.54%3.52%3.51%
Oct-112.95%2.93%2.92%2.91%
Nov-112.67%2.65%2.64%2.64%
Dec-112.80%2.78%2.77%2.76%

Applicable Federal Rates for 2010

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HTML Version Copyright 1995-2024 Daniel B. Evans. All rights reserved.

— Short Term Rates for 2010 —

MonthAnnualSemiann.QuarterlyMonthly
Jan-100.57%0.57%0.57%0.57%
Feb-100.72%0.72%0.72%0.72%
Mar-100.64%0.64%0.64%0.64%
Apr-100.67%0.67%0.67%0.67%
May-100.79%0.79%0.79%0.79%
Jun-100.74%0.74%0.74%0.74%
Jul-100.61%0.61%0.61%0.61%
Aug-100.53%0.53%0.53%0.53%
Sep-100.46%0.46%0.46%0.46%
Oct-100.41%0.41%0.41%0.41%
Nov-100.35%0.35%0.35%0.35%
Dec-100.32%0.32%0.32%0.32%

— Mid Term Rates for 2010 —

MonthAnnualSemiann.QuarterlyMonthly
Jan-102.45%2.44%2.43%2.43%
Feb-102.82%2.80%2.79%2.78%
Mar-102.69%2.67%2.66%2.66%
Apr-102.70%2.68%2.67%2.67%
May-102.87%2.85%2.84%2.83%
Jun-102.72%2.70%2.69%2.68%
Jul-102.35%2.34%2.33%2.33%
Aug-102.18%2.17%2.16%2.16%
Sep-101.94%1.93%1.93%1.92%
Oct-101.73%1.72%1.72%1.71%
Nov-101.59%1.58%1.58%1.57%
Dec-101.53%1.52%1.52%1.52%

 — Long Term Rates for 2010 —

MonthAnnualSemiann.QuarterlyMonthly
Jan-104.11%4.07%4.05%4.04%
Feb-104.44%4.39%4.37%4.35%
Mar-104.35%4.30%4.28%4.26%
Apr-104.40%4.35%4.33%4.31%
May-104.47%4.42%4.40%4.38%
Jun-104.30%4.25%4.23%4.21%
Jul-103.94%3.90%3.88%3.87%
Aug-103.79%3.75%3.73%3.72%
Sep-103.66%3.63%3.61%3.60%
Oct-103.32%3.29%3.28%3.27%
Nov-103.35%3.32%3.31%3.30%
Dec-103.53%3.50%3.48%3.47%

Applicable Federal Rates for 2009

HTML Version Copyright 1995-2024 Daniel B. Evans. All rights reserved.

— Short Term Rates for 2009 —

MonthAnnualSemiann.QuarterlyMonthly
Jan-090.81%0.81%0.81%0.81%
Feb-090.60%0.60%0.60%0.60%
Mar-090.72%0.72%0.72%0.72%
Apr-090.83%0.83%0.83%0.83%
May-090.76%0.76%0.76%0.76%
Jun-090.75%0.75%0.75%0.75%
Jul-090.82%0.82%0.82%0.82%
Aug-090.83%0.83%0.83%0.83%
Sep-090.84%0.84%0.84%0.84%
Oct-090.75%0.75%0.75%0.75%
Nov-090.71%0.71%0.71%0.71%
Dec-090.69%0.69%0.69%0.69%

— Mid Term Rates for 2009 —

MonthAnnualSemiann.QuarterlyMonthly
Jan-092.06%2.05%2.04%2.04%
Feb-091.65%1.64%1.64%1.63%
Mar-091.94%1.93%1.93%1.92%
Apr-092.15%2.14%2.13%2.13%
May-092.05%2.04%2.03%2.03%
Jun-092.25%2.24%2.23%2.23%
Jul-092.76%2.74%2.73%2.72%
Aug-092.80%2.78%2.77%2.76%
Sep-092.87%2.85%2.84%2.83%
Oct-092.66%2.64%2.63%2.63%
Nov-092.59%2.57%2.56%2.56%
Dec-092.64%2.62%2.61%2.61%

 — Long Term Rates for 2009 —

MonthAnnualSemiann.QuarterlyMonthly
Jan-093.57%3.54%3.52%3.51%
Feb-092.96%2.94%2.93%2.92%
Mar-093.52%3.49%3.47%3.46%
Apr-093.67%3.64%3.62%3.61%
May-093.58%3.55%3.53%3.52%
Jun-093.88%3.84%3.82%3.81%
Jul-094.36%4.31%4.29%4.27%
Aug-094.26%4.22%4.20%4.18%
Sep-094.38%4.33%4.31%4.29%
Oct-094.10%4.06%4.04%4.03%
Nov-094.01%3.97%3.95%3.94%
Dec-094.17%4.13%4.11%4.09%

Applicable Federal Rates for 2008

HTML Version Copyright 1995-2024 Daniel B. Evans. All rights reserved.

— Short Term Rates for 2008 —

MonthAnnualSemiann.QuarterlyMonthly
Jan-083.18%3.16%3.15%3.14%
Feb-083.11%3.09%3.08%3.07%
Mar-082.25%2.24%2.23%2.23%
Apr-081.85%1.84%1.84%1.83%
May-081.64%1.63%1.63%1.62%
Jun-082.08%2.07%2.06%2.06%
Jul-082.42%2.41%2.40%2.40%
Aug-082.54%2.52%2.51%2.51%
Sep-082.38%2.37%2.36%2.36%
Oct-082.19%2.18%2.17%2.17%
Nov-081.63%1.62%1.62%1.61%
Dec-081.36%1.36%1.36%1.36%

— Mid Term Rates for 2008 —

MonthAnnualSemiann.QuarterlyMonthly
Jan-083.58%3.55%3.53%3.52%
Feb-083.51%3.48%3.46%3.46%
Mar-082.97%2.95%2.94%2.93%
Apr-082.87%2.85%2.84%2.83%
May-082.74%2.72%2.71%2.70%
Jun-083.20%3.17%3.16%3.15%
Jul-083.45%3.42%3.41%3.40%
Aug-083.55%3.52%3.50%3.49%
Sep-083.46%3.43%3.42%3.41%
Oct-083.16%3.14%3.13%3.12%
Nov-082.97%2.95%2.94%2.93%
Dec-082.85%2.83%2.82%2.81%

 — Long Term Rates for 2008 —

MonthAnnualSemiann.QuarterlyMonthly
Jan-084.46%4.41%4.39%4.37%
Feb-084.46%4.41%4.39%4.37%
Mar-084.27%4.23%4.21%4.19%
Apr-084.40%4.35%4.33%4.31%
May-084.21%4.17%4.15%4.13%
Jun-084.46%4.41%4.39%4.37%
Jul-084.60%4.55%4.52%4.51%
Aug-084.58%4.53%4.50%4.49%
Sep-084.58%4.53%4.50%4.49%
Oct-084.32%4.27%4.25%4.23%
Nov-084.24%4.20%4.18%4.16%
Dec-084.45%4.40%4.38%4.36%

Applicable Federal Rates for 2007

HTML Version Copyright 1995-2024 Daniel B. Evans. All rights reserved.

— Short Term Rates for 2007 —

MonthAnnualSemiann.QuarterlyMonthly
Jan-074.88%4.82%4.79%4.77%
Feb-074.93%4.87%4.84%4.82%
Mar-075.06%5.00%4.97%4.95%
Apr-074.90%4.84%4.81%4.79%
May-074.85%4.79%4.76%4.74%
Jun-074.84%4.78%4.75%4.73%
Jul-074.97%4.91%4.88%4.86%
Aug-075.00%4.94%4.91%4.89%
Sep-074.82%4.76%4.73%4.71%
Oct-074.19%4.15%4.13%4.11%
Nov-074.11%4.07%4.05%4.04%
Dec-073.88%3.84%3.82%3.81%

— Mid Term Rates for 2007 —

MonthAnnualSemiann.QuarterlyMonthly
Jan-074.58%4.53%4.50%4.49%
Feb-074.69%4.64%4.61%4.60%
Mar-074.86%4.80%4.77%4.75%
Apr-074.61%4.56%4.53%4.52%
May-074.62%4.57%4.54%4.53%
Jun-074.64%4.59%4.56%4.55%
Jul-074.95%4.89%4.86%4.84%
Aug-075.09%5.03%5.00%4.98%
Sep-074.79%4.73%4.70%4.68%
Oct-074.35%4.30%4.28%4.26%
Nov-074.39%4.34%4.32%4.30%
Dec-074.13%4.09%4.07%4.06%

 — Long Term Rates for 2007 —

MonthAnnualSemiann.QuarterlyMonthly
Jan-074.73%4.68%4.65%4.64%
Feb-074.86%4.80%4.77%4.75%
Mar-075.01%4.95%4.92%4.90%
Apr-074.81%4.75%4.72%4.70%
May-074.90%4.84%4.81%4.79%
Jun-074.91%4.85%4.82%4.80%
Jul-075.15%5.09%5.06%5.04%
Aug-075.31%5.24%5.21%5.18%
Sep-075.09%5.03%5.00%4.98%
Oct-074.88%4.82%4.79%4.77%
Nov-074.89%4.83%4.80%4.78%
Dec-074.72%4.67%4.64%4.63%