This article will explain some of the drafting decision reflected in the author’s sample form of durable general power of attorney (“the form”). The form and this commentary were originally published on 12/1/2014 to reflect changes to 20 Pa.C.S. Ch….
Below is the author’s form of durable general power of attorney, including changes required or suggested by Act 95 of 2014 and Acts 79 and 103 of 2016. There is a separate article with commentary on the form. A copy…
Executor of a moderate estate and legal counsel surcharged for excessive fees and commissions, as well as unexplainable account errors. Donnelly Estate, 4 Fid. Rep. 3d 495 (OC Mont. 2014) (Opinion by Ott, J.)
Because a farm cannot be physically partitioned equitably between beneficiaries as tenants in common, the farm must be sold and proceeds divided according to ownership interest. Cremers Estate, 4 Fid. Rep. 3d 484 (OC Chester 2014) (Opinion by Hall, J.)
The Commonwealth Court has affirmed a decision of the Orphans’ Court of Montgomery County that a donor to a foundation lacks standing to enforce the conditions of a loan made by the foundation to a church when there was no allegation that the donor had made the gift in trust, or that the donor had imposed contemporaneous conditions on the gift to the foundation, citing both the Uniform Trust Act, 20 Pa.C.S. § 7731, and common law principles. In Re: Foundation For Anglican Christian Tradition, 5 Fid.Rep.3d 1, 103 A.3d 425, No. 2164 C.D. 2013 (Pa. Cmwlth. 11/5/2014).
Judge Leonard B. Sokolove, who served for many years on the Orphans’ Court of Bucks County, died at his home on Monday, November 3.
I had the honor of appearing before him on several occasions, and he was a man of great intelligence, wit, and compassion. He was a judge you would like and admire even as he ruled against you.
Below are the comments I have submitted to the Pa. Disciplinary Board on the proposed change to Rule of Disciplinary Enforcement 217 that would require all “formerly admitted attorneys” to resign from all fiduciary positions, regardless of whether the lawyer has been disbarred, is temporarily suspended, or has retired. This is in response to “Proposed Amendments to the Pennsylvania Rules of Professional Conduct and the Rules of Disciplinary Enforcement to Reduce Loss Resulting from the Misappropriation of Client and Third Party Funds,” 44 Pa.B. 6070 (9/27/2014).
A petition to determine the ancestry of the petitioner, which the petitioner alleged was needed for an application for dual Italian and American citizenship, has been denied for lack of jurisdiction. In re Marino, 62 Ches. Co. L. Rep. 348, 4 Fid. Rep. 3rd 447 (9/25/2014) (Opinion by Hall, J.).
The son of decedent, who was an agent under power of attorney and became executor of his mom’s estate, closed “payable on death” bank account while agent and distributed the money to two of the decedent’s three children and his son; the Court concluded that the document’s language lacked specificity to allow unlimited giving under power of attorney, ordering the money returned to the estate and distributed in accordance with the “payable on death” provision of the bank account. Coury Estate, 4 Fid. Rep. 3d 436 (OC Carbon 2014) (Opinion by Matika, J.)
Court terminated parental rights of father for two children, because of father’s domestic violence, drug and alcohol abuse, and mental health. In Re B.B. and M.B., 4 Fid. Rep. 3d 429 (OC Berks 2014) (Opinion by Keller, J.)