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 decedents 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
