As previously reported, the Pennsylvania Bar Association, acting on a joint report and recommendation of the Real Property Probate and Trust Law and Elder Law Sections, is now supporting the introduction and passage of legislation authorizing electronic wills and other … Continue reading
Tag Archives: Power of Attorney
Lease signed by agent for trustees as owners of the property was invalid because the power of attorney did not have the notice required by 20 Pa.C.S. § 5601(c) or the acknowledgement of the agent required by 20 Pa.C.S. § … Continue reading
On May 9, the House of Delegates of the Pa. Bar Association approved a joint recommendation of the Real Property, Probate and Trust Law and Elder Law Sections to support legislation that would allow both electronic wills and electronic forms … Continue reading
After previously finding that it had no jurisdiction over the administration of the estate of a decedent who had established his domicile in Florida before his death, the Orphans’ Court also found it had no jurisdiction over challenges to actions … Continue reading
Both houses of the Pennsylvania legislature have passed S.B. 1084, which makes a number of changes to Title 13 (the Uniform Commercial Code) relating to electronic transactions, and also makes a technical change to Chapter 56 of Title 20 (the...
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The testimony of decedent’s lawyer showed that the sale of the real estate previously used by the decedent as his home and accounting office to his son who had worked with the decedent was at the direction of the decedent, … Continue reading
Although the decedent’s daughter denied acting as agent for her father under the power of attorney for which she had signed an agent’s acknowledgement, she was found to have acted as agent, and to have fiduciary duties to her father, … Continue reading
The Supreme Court has reversed the Superior Court and ruled that when a trust is created by an agent acting under a power of attorney that is void ab initio, the trust is also void. In re: Joseph L. Koepfinger, … Continue reading
[Update (8/24/2023): The Supreme Court has reversed the Superior Court and reinstated the judgment of the Orphans’ Court.] The Pa. Supreme Court is allowing an appeal from a decision of the Superior Court on the following issue (as stated by … Continue reading
The incapacitated person’s son, who was nominated to be her guardian in her durable power of attorney, but the son had neglected and abused his mother, had failed to cooperate in making arrangements for her care, was more interested in … Continue reading