Recent changes were made to Pennsylvania’s power of attorney statute by Act 95 which was enacted in 2014 and amended Title 20, Chapter 56 of the PEF Code. All of the Act’s provisions have been effective since January 1, 2015.
Spencer Law Firm
Spencer Law Firm is a legal practice based in Lancaster, Pennsylvania, specializing exclusively in trust, estate, and tax law. The firm provides services including expert witness testimony, fiduciary litigation consulting, comprehensive estate planning, and trust and estate administration. Their publications and blogs focus on topics such as fiduciary duties, estate planning strategies, trust administration, and litigation remedies related to estates and trusts. The firm also offers resources for both clients and attorneys, including practice manuals and speaking engagements on estate and tax planning matters. Their content addresses practical legal issues faced by executors, trustees, beneficiaries, and professionals involved in estate and trust law within Pennsylvania.
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Wells Fargo Terminated as Trustee
Thank you Gary Beyer for your post entitled “Wells Fargo Terminated as Trustee.”
Beyer writes:
“On Thursday, a Circuit Judge in Wisconsin terminated Wells Fargo Bank as trustee of the Chester Bible scholarship trust, furnishing control to the Baraboo…
New Rule of Civil Procedure – Discovery of Expert Testimony
On July 10, 2014 the Supreme Court of Pennsylvania ordered the adoption of new Rule 4003.5 of the Pennsylvania Rules of Civil Procedure.
The rule has been modified and the following clause (4) is added:
(4) A party may not…
Enforcement of Arbitration Clauses in Trusts
Ever since George Washington included arbitration provisions in his will, this idea has kicked around. Washington’s will contained this language:
“That all disputes (if unhappily they should arise) shall be decided by three impartial and intelligent men, known for their…
Why not mediate trust and estate disputes?
“Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser – in fees, expenses and waste of time.”
— Abraham Lincoln 1850
Lincoln’s words are doubly…
Decanting News – Decant Without a Statute
On July 29, 2013, in the case of Morse v. Kraft the Supreme Judicial Court of Massachusetts held that the Trustee of an irrevocable trust in which the Trustees had full discretion to distribute trust principal “for the benefit of” the beneficiary, could,…
Return of the Legally Dead
The reappearance of Brenda Heist in May after being declared legally dead has brought me all sorts of questions. The Pennsylvania Statute that governs the property of absentees and persons presumed dead is at 50 Pa. Cons. Stat §§5701…
Federal Jurisdiction – Probate Exception
Recommended reading: Stripping Away the Mystery of the Probate Exception By John T. Brooks and Samantha E. Weissbluth
Federal court can hear breach of fiduciary duty claim against trustees.
We looked at this issue before in our post Make a…
Midwest City estate planner sentenced to 10 years in prison for role in Ponzi scheme
I always say 99% of the lawyers give the rest of us a bad name.
Brianna Bailey writes for News OK:
“A federal judge has sentenced a Midwest City man who conned seniors out of their savings to serve nearly…
The Continuing Problem of Cy Pres
Thank you to WIlls, Trusts and Estates Prof Blog for the post regarding Fisk University, Cy Pres and Georgia O’Keefe’s Art Collection. Melanie B. Leslie (Professor of Law, Benjamin N. Cardozo School of Law) recently published her article entitled Time…