House Bill 1429, which makes a number of changes to the form and effect of powers of attorney, was signed by Governor Corbett on July 2, becoming Act 95 of 2014. The more important changes made by Act 95 include new requirements for witnesses and notarized acknowledgements, changes to the notice to the principal and the required acknowledgements by agents, new limits on the liability of third parties in order to reverse the reasoning of the Supreme Court in the Vine decision, new limits on the power of agents to make gifts and other estate planning actions, and a revision and restatement of the duties and liabilities of agents.
Continue readingPennsylvania H.B. 1429, which makes a number of changes to the form and effect of powers of attorney, was signed by Governor Corbett on July 2, becoming Act 95 of 2014.
Updated on July 10: Here is the first installment of a series of articles on the changes made by Act 95.
Lehigh County has adopted new local Orphans’ Court rules, generally effective 5/15/2014.
Orphans’ Court Rules, File No. AO 2014-0002 (3/20/2014), 44 Pa.B. 2201 (4/12/2014).
Lehigh County has adopted a new fee schedule for the Clerk of the Orphans’ Court, effective 5/1/2014.
Clerk of Orphans’ Court Division; Fee Schedule, File No. AO2014-0001 (3/19/2014), 44 Pa.B. 2054 (4/5/2014).
Effective April 1, 2014, self-made photocopies in the offices of the Butler Co. Register of Wills and Clerk of Orphans’ Court will be $.50 each.
Register of Wills and Clerk of Orphans’ Court Schedule of Fees and Costs, OC No. 2009-1000 (2/25/2014), 44 Pa.B. 1753 (3/22/2014).
Bucks County has amended its fee schedules to include convenience fees for credit card transactions.
Fees of Clerk of Orphans’ Court Division, Administrative Order No. 66, 44 Pa.B. 17 (1/4/2014); Fees of Register of Wills, Administrative Order No. 67, 44 Pa.B. 17 (1/4/2014).
Lycoming County has amended Rule L3.4 to require the use of a cover sheet for every petition, motion, exception, stipulation, or other request for an order or relief. Amendments to the Orphans’ Court Rules, Doc. No. 13-03016, 44 Pa.B. 20 (1/4/2014).
Mercer County has entered three administrative orders:
1. Administrative Order No. 1, Register’s No. 2013-767, 44 Pa.B. 24 (1/4/2014), directs the Register of Wills to notify judges each year whether or not the annual reports of guardians required by 20 Pa.C.S. § 5521(c) have been filed, and provides procedures for reviewing annual reports and for scheduling hearings to determine why reports have not been filed.
2. Administrative Order No. 2, Register’s No. 2013-767, 44 Pa.B. 25 (1/4/2014), directs the Register of Wills to accept, file, and maintain a public index for, original wills that have been in the possession of lawyers who have died or otherwise ceased to practice law and who have been unable to return the wills to the testators.
3. The third administrative order directs that administrative orders be kept available for public inspection in the offices of the Clerk, the Register of Wills, the Clerk of the Orphans’ Court, and the Prothonotary. Administrative Orders, Register’s No. 2013-767, 44 Pa.B. 24 (1/4/2014).
Despite the language of the Wills Act of 1947, which was in effect at the time of the testator’s death, if there is no contrary intent expressed in the will, “issue”, “child”, or “children” presumptively includes children that were adopted regardless of the date of adoption and includes those adoptees who were adopted as adults as long as a parent-child relationship existed between the adoptee and the adopter during the adoptee’s minority. Armistead Trust, 4 Fid. Rep. 3d 233 (O.C. Delaware 2014) (Opinion by Kenney, J.)
Majority shareholder at a shareholder meeting resigned his presidency, stated that he was taking an extended vacation, and stated that, if he died, he relinquished all of his shares to the officers and directors of the company. Court found that no gift took place, because intent, delivery and acceptance never occurred, and that the gift was not causa mortis, because decedent did not believe he was about to die. North Branch Transfer Inc. etal v. Bower, 4 Fid. Rep. 3d 229 (C.P. Lycoming 2014) (Verdict and Order by Gray, J.)