York County Bar Association
 
Association-Sections-Estate Planning and Probate

          

Estate Planning and Probate Law Section

2008 Year-End Report

 

Chairperson:                 David A. Mills

Officer/Secretary:         Timothy Bupp

 

1)    2008 Section Goals

           

·                                            To bring together the members of the Association who have an interest in estate planning, probate, trust, and guardianship

·                                            To exchange information

·                                            To promote education

·                                            To interact with the Court

·                                            To advance he substantive and procedural aspects of the law

 

2)    Project Status Report – Monthly Discussions

 

January 2008 – Fidazzo Will – interlineations in the handwriting of the testatrix and the doctrine of dependent relative revocation and Falcone Will – probate of copy of lost will.

           

February 2008 - Determining finality of court rulings in estate cases and when an appeal can be taken, an article from Jon Countess, Esquire on proposed new regulation 128224-06, proposed by the IRS on the deduction of fees in administering estates and trusts and the sale of annuities in the context of Estate of Horvath v. Ciocca.

 

March 2008 - Undated Testamentary Writing – Zeglin Will and Forged signature – Murphy Will

 

April 2008 – Purchase of an actuarially sound annuity to convert countable resources into non-countable income to the institutionalized spouse – Ross v. DPW.

 

May 2008 – Estate of Piet and Estate of Novosielski - presumption of right of survivorship did not apply upon death of one joint account holder where inconsistent with earlier drawn will.

 

June 2008 – Estate of Ferguson v. Fizel enterprises – tax sale of decedent’s real estate where notice was given to the administratrix.

 

July 2008 – Sauers Estate – validity of 20 Pa.C.S.A. § 6111.2  vs. ERISA – express and conflict preemption arguments.

 

August 2008 – the 5% discount period, Janiga - calculating fees and commissions, and Hockenberry - the ability of parents of an adult child to withdraw care for their mentally impaired child, Shelly – writing on cigarette carton not a testamentary writing, Slomski – power to make gifts, banking, engage in insurance transactions, and retirement transactions, and Field – when are amendments to a revocable living trust effective?

 

September 2008 – Tate and McKenna - interpreting "my personal property" in a will and LaBar Will - offering an "after discovered will" for probate.

 

October 2008 – Makuch – Annuity to 91 year old in favor of younger beneficiary invalidated.

 

November 2008 – Mandorf – application of the Older Adults protective Services Act and work with the Register of Wills and M & T Bank, as sponsor, for the Third Annual breakfast with the register and speaker, Neil Hendershot, Esquire on the topic of how the attorney can combat financial abuse of the elderly.

 

3)    Recommendations for the Section for 2009 – continue with the format of having a topic from the Fiduciary Review.

 

4)    Other Suggestions and Comments

 





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