Order allowing a “private auction” of real estate among the beneficiaries of the estate was an order that determined an interest in real property within the meaning of Pa.R.A.P. 342(a)(6), so that it was appealable as of right and the failure to appeal from the order was a waiver of the right to appeal. The gains realized by on the sales of the properties should have been reported by the estate and not reported as gains on sales by the beneficiaries of the estate, but the method used to determine basis of the properties, by multiplying the assessed value by the common level ratio, was proper. The finding by the Orphans’ Court that mineral rights in the real property were owned by a beneficiary and not the estate was vacated because it was based entirely on judicial notice of a deed without notice to any party or any opportunity to challenge the implications of the deed. Krasinski Estate, 2018 PA Super 130 (5/15/2018) (en banc), aff’d, 40 WAP 2018 and 41 WAP 2018 (Pa. 10/31/2019) (decree denying objector’s interests in real estate was immediately appealable and so failure to appeal waived any right to a later appeal), aff’g in part, rev’g in part, vacating in part, and remanding, 5 Fid. Rep. 3d 275 (Clearfield Co. O.C. 2015).
Guardian who was found to have engaged in acts of self-dealing and was removed as guardian, and whose account showed that funds were paid to the guardian and to possibly fictitious third parties without explanation, was denied any compensation as guardian and was surcharged for improper expenditures, for guardian compensation previously paid, and for legal fees and costs incurred by the successor guardian in objecting to the account. Berg Estates (Estates of Margareta Berg and Edmund Berg, Incapacitated Persons), 8 Fid.Rep.3d 207, O.C. No. 1286 IC of 2016 and 1287 IC of 2016 (Philadelphia O.C. 5/10/2018).
Decedent’s will contained only one bequest, to his brother of the “real estate interest” in the bar the decedent co-owned with his brother. Because the will had no residuary clause, the bar was in a leased property which the decedent did not own, and the express purpose of the will was “regarding my business interest” in the bar, the will was interpreted to leave all of the decedent’s interests in the bar to his brother. Estate of Daniel Avington, 9 Fid.Rep.3d 238, O.C. No. 1002 DE of 2017 (Philadelphia O.C. 4/23/2018).
Trust created by agent under power of attorney was invalid because the agent failed to preserve the principal’s estate plan, the principal having no will and the trust benefiting only three of the principal’s seven children. Capobianco Estate, Power of Attorney, 8 Fid.Rep.3d 201, O.C. No. 1371 PR of 2016 (Philadelphia O.C. 4/18/2018), aff’d, No. 3148 EDA 2019 (Pa. Super. 7/21/2020).
When a person dies without a will, or dies with a will that does not have a residuary clause or does not dispose of the decedent’s entire estate, then the part of the decedent’s estate not disposed of by a…
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As a co-agent with her husband, a wife had a duty to the principal to act on her knowledge of her husband’s actions to protect the principal from theft and fraud by the husband as co-agent, and is therefore jointly and severally liable for the funds taken improperly from the principal’s accounts. The court also retroactively imposed a constructive trust upon the residence of the husband and wife, which was improved using the appropriated funds and transferred from the husband to the wife as part of a sham divorce. In Re: Peter S. Whitby, Principal, 8 Fid.Rep.3d 92 (Montgomery O.C. 2018), aff’d, 561 EDA 2018 (Pa. Super. 2/22/2019) (non-precedential).
The Internal Revenue Service has introduced a new online service that can provide additional information about tax-exempt organizations.
According to IR-2018-116, the new Tax Exempt Organization Search (TEOS) replaces EO Select Check (a more limited service available since 2012) and makes images of newly-filed Forms 990, 990-EZ, 990-PF, and 990-T available on-line, as well as determination letters. TEOS also allows access to more types of information, allows searches across multiple data files, and is designed to be “mobile friendly” and allow searches through smartphones or tablets.
Initially, only 990 series forms filed in January and February 2018 along with a limited number of determination letters will be available. New Form 990 filings will be added monthly, and eventually determination letters issues since January 2014 will be added.
The order of the Supreme Court that amended the public access policy of the Pennsylvania courts and was published at 48 Pa.B. 2113 (4/14/2018) has been republished as an “Amended Order” at 48 Pa.B. 2602 (5/5/2018). The only apparent change is that “Case Record” has been changed to “Case Records” in the title of the policy.
For a summary of the changes made by the amendments, see “Public Access Policy Amendments.”
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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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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