The IRS has published a “Taxpayer Bill of Rights” that it says will become a “cornerstone document” to provide taxpayers with a better understanding of their rights. IR-2014-72.
The New Jersey Tax Court has held that the surviving partner of a long-term same-sex relationship was not entitled to the benefit of the 0% Class A inheritance tax rate when the decedent and the surviving partner never registered in accordance with the Domestic Partnership Act. Estate of Frappolli v. Director, Division of Taxation, Docket No. 007107-2011 (N.J. T.C. 6/5/14) (unpublished).
Guardian of estate of incapacitated person, who had previously been granted the power to pay nursing home costs from principal and who had been authorized to sell real estate, did not have power to consent to judgments against the ward; opinion includes general discussion of powers and duties of guardians of estates of incapacitated persons. Parker Estate, 4 Fid. Rep. 3d 183 (O.C. Montg. 2014) (Opinion by Murphy, J.)
Bank accounts in joint names of decedent and daughter became property of daughter upon decedent’s death, and estate did not meet its burden of proving a gift by daughter to estate. Boyce Estate, 4 Fid.Rep.3d 193 (O.C. Del. 2014) (Opinion by Kenney, J.)
Income beneficiary of charitable remainder trust who was in Haiti during the earthquake on 1/12/2010 was not exposed to “specific peril” and would not be declared dead until seven years had elapsed. Goodyear Trust, 4 Fid. Rep. 3d 171 (O.C. Franklin 2013) (Opinion by Meyers, J.)
Appointment of administrator pro tem denied, when conflict of interest, which might incapacitate the executor, was steps taken to defend the will against a contest, which the executor had standing to do (even though without any personal interest under the will) unless the beneficiaries retained their own counsel to defend the will. Blusius Estate, 4 Fid. Rep. 3d 207 (O.C. Frank. 2014) (Opinion by Meyers, J.)
Parental rights of incarcerated father, who had a history of criminal activity and has been incarcerated for most of child’s life, were involuntarily terminated. In the Interest of J.M.B., 4 Fid. Rep. 3d 198 (O.C. Bucks 2014) (Opinion by Keller, J.)
Court did not have jurisdiction to approve settlement of litigation in Indiana. Duncan Estate, 4 Fid.Rep.3d 205 (O.C. Fulton 2014) (Order by Meyers, J.)
The Superior Court has affirmed the removal of an executor for a conflict of interest when the executor had made loans to herself under a power of attorney during the decedent’s lifetime and was a major debtor of the estate. The court also affirmed the Orphans’ Court’s direction that letters not be granted to the second successor executor named in the will due to a similar conflict and that letters be granted to the third successor, but reversed the appointment of a co-administrator. Estate of Andrews, 2014 PA Super 110 (5/29/14), affirming Clearfield Co. O.C., No. 1711-0612 (4/4/13).
Westmoreland County has amended its local Rule WO407 to conform to the new $50,000 limit on small estates petitions.
Orphans’ Court Rule WO407, Nr. 3 of 2014 (4/21/2014), 44 Pa.B. 2750 (5/10/2014); Orphans’ Court Rule WO407, No. 65-96-214 (4/28/2014), 44 Pa.B. 2848 (5/17/2014).