In the absence of independent testimony to the delivery of lifetime gifts, the wife’s interests in the alleged gifts was adverse to the decedent and so her testimony as to the gifts was barred by the Dead Man’s Act. In re Estate of Fiorentino Cerullo, 2021 PA Super 27 (2/25/2021).
On March 2, 2021, the Montgomery County Bar Association will be presenting a video conference CLE program on virtual probate procedures featuring a panel of the Registers of Wills of Bucks, Chester, Delaware, Montgomery, and Philadelphia Counties.
Additional information and on-line registration can be found here.
For background on the general nature of virtual probate procedures and some of the legal issues relevant to those procedures, see “Virtual (Videoconference) Probate Procedures.”
For some time (not sure how long), there has been a problem with the drop-down menus not working properly on this website, making it difficult to get to different rate tables, or to subscription processes. This problem was due to changes in the functionality of some Javascript components, and has now been fixed.
My apologies for any inconvenience.
One of the duties of the executor or administrator of an estate is to file required income tax returns for the decedent. I.R.C. § 6012(b)(1) states that the federal income tax return that is required for a decedent shall be…
This content is for Subscriber members only.
Register
Register
Already a member? Log in here
The Act of February 5, 2021 (No. 1 of 2021), S.B. 109, provides that
- The forgiveness of paycheck protection program (“PPP”) loans that is not income for federal income tax purposes under the Tax Relief Act of 2020 (Subtitle B of Title II of Division N of the Consolidated Appropriations Act of 2021, P.L. 115-260) is also not income for PA income tax purposes. However, expenses paid with those loans are not deductible if the loans are forgiven.
- Economic impact payments under the CARES act are also not income to individuals for PA income tax purposes.
Section 104-A of the Act of April 9, 1929 (No. 176), known as the Fiscal Code, as amended by Section 1.1 of Act 1 of 2021.
In an action to set aside a deed allegedly obtained by undue influence, plaintiff’s testimony that she and the defendant were friends and she trusted him, and that she was “weak in bode and mind” following the death of her husband five years before, was not sufficient to establish a confidential relationship or weakened intellect and summary judgment for the defendant was granted. A claim for unjust enrichment was denied because the four year statute of limitations had run, and because the evidence showed that the plaintiff had intended to benefit the defendant so the enrichment was not unjust. Stackhouse v. Gordner, 10 Fid.Rep.3d 330 (Lycoming C.P. 2020).
The court did not have jurisdiction to determine the priority of a purchase money mortgage over a later inheritance tax lien when the mortgage holder failed to exhaust the administrative remedies found in § 2186 of the Inheritance and Estate Tax Act (72 P.S. § 9186). Tammac Holdings Corp. v. Werner Estate et al., 10 Fid. Rep.3d 327 (Berks C.P. 2020).
One of two co-administrators of an estate has the power to compel an accounting by an agent for the decedent without the consent of the other co-administrator. An action in the Orphans’ Court to recover assets transferred by an agent is equitable and not barred by any statute of limitations, but only by a defense of laches, and the party asserting laches must show that there was prejudice caused by any delay in the filing of the petition. Mahlstadt Estate. No. 2, 10 Fid.Rep.3d 323 (Monroe O.C. 2020).
The Pa. Supreme Court has held that the voiding of a trust by a settlor alleging fraud in the inducement requires clear and convincing evidence of common law fraud, the elements of which are a knowing or reckless material misrepresentation, an intention to mislead another into reliance, and resulting injury caused by justifiable reliance. Evidence of the failure of the settlor’s husband to disclose the identity of real property held by entities transferred to the trust was insufficient because it was not a material misrepresentation. In re: Passarelli Family Trust, ___ A.3d ___, 71 MAP 2019 (Pa. 12/22/2020), aff’ng 206 A.3d 1188, 2019 PA Super 95 (2019) (en banc), rev’g 7 Fid.Rep.3d 63 (O.C. Chester Co. 2016).
The Internal Revenue Service has extended until June 30, 2021, the waiver of the physical presence requirement for retirement plan consents that was first announced in Notice 2020-42, 2020-26 I.R.B. 986 (6/22/2020). Notice 2021-03, 2021-02 I.R.B. ___ (1/11/2021).
This latest notice includes a request for comments, in particular on whether the waiver of the physical presence requirement should be made permanent.