Relevant bibliographies by topics / Probate law and practice, pennsylvania

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Academic literature on the topic 'Probate law and practice, pennsylvania'

Author: Grafiati
Published: 27 July 2024
Last updated: 29 July 2024

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Journal articles on the topic "Probate law and practice, pennsylvania"

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Milović, Jovana. "Probate proceedings conducted by a notary public in the Republic of Serbia." Zbornik radova Pravnog fakulteta Nis 61, no. 94 (2022): 153–71. http://dx.doi.org/10.5937/zrpfn1-37068.

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The introduction of the notary public service in the Serbian legal system has introduced a number of novelties in matters concerning inheritance law. The most important of them is the possibility of entrusting the probate proceedings in inheritance cases to notaries public. In the Serbian legal system, probate proceedings dealing with inheritance matters have traditionally beed conducted competent courts. This long-standing tradition is difficult to break with. Thus, the Serbian legislator still envisages the jurisdiction of the court to discuss inheritance matters, but now there is a possibility of entrusting this procedure to a notary public, when it is deemed to be expedient. In this paper, the author examines the judicial practice and the public notaries practice in an attempt to determine the justification of entrusting some probate proceedings to notaries public. Concurrently, the author analyzes the possibility of transferring competences for conducting probate proceedings entirely to public notaries. In the author's opinion, it is a realistic possibility considering that the hetherto practice of public notaries in probate proceedings speaks in favour of this legal solution, particularly taking into account the reduced caseload and timeframe needed to complete these non-litigious probate proceedings.
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Ashadi, Ikhwan, Putra Hutomo, and Amelia Nur Widyanti. "KEPASTIAN HUKUM MENGENAI HIBAH WASIAT DITINJAU BERDASARKAN UNDANG-UNDANG NOMOR 1 TAHUN 2022 TENTANG HUBUNGAN KEUANGAN ANTARA PEMERINTAH PUSAT DAN PEMERINTAH DAERAH." SENTRI: Jurnal Riset Ilmiah 2, no. 9 (September 10, 2023): 3646–54. http://dx.doi.org/10.55681/sentri.v2i9.1519.

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Book of Civil Law (KUHPer), the concept of Grant is divided into two forms, yaito Grant and probate grant. The basic difference between the two is that the grant is made while the grantor is still alive, while the will grant is only carried out after the will grantor dies. The law regarding grants is regulated in Article 1666 of the Civil Code, while probate grants are regulated in Article 957 of the Civil Code. Related to the collection of duties on the acquisition of land and building rights, although the acquisition value of non-taxable taxable objects is regulated by local regulations under Article 46 paragraph 8,. in this study raised the issue of how the implementation of probate grants in the practice of law in Indonesia? And how the legal certainty of probate grants in terms of Law No. 1 year 2022 on the financial relationship between Central and local governments?by using the theory of Agreement and The Theory of legal certainty The method used in this study is normative legal research is legal research literature or secondary data with sources of primary, secondary and tertiary legal materials. The approach used legislation approach, case approach, conceptual approach and analytical approach. And legal material collection techniques are carried out by identifying and inventorying positive legal rules, book literature, journals and other legal material sources, for legal material analysis techniques (interpretation) grammatical interpretation, systematic interpretation and legal construction methods. That the court will certify the will if it meets the requirements of the law, checks for compliance with the provisions of applicable law, and ensures that there are no disputes that prevent the execution of the grant. The implementation of this will grant is a harmonization between the principles of treaty law and agrarian law. Although it is a form of agreement, the probate Grant is also subject to agrarian regulations governing land and property rights. Thus, the legal process in accordance with the applicable provisions is important to maintain the validity and continuity of the implementation of the probate Grant and protect the rights of the parties involved and that Law No. 1 of 2022 on financial relations between Central and local governments has an important impact on the legal certainty of the implementation of probate grants in Indonesia, especially in terms of the protection and management of donated property. Although it does not directly regulate probate grants, it does provide a broader legal context that can support clarity of procedure and protection of the rights of grantees
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Fielding, Stephen. "Mediation in the Church of England: Theology and Practice." Ecclesiastical Law Journal 13, no. 1 (December 13, 2010): 65–69. http://dx.doi.org/10.1017/s0956618x10000815.

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This paper1 addresses the practical aspects of mediation. Experienced mediators will know what mediations look like and feel like and need no reminding how effective mediation has become as a means of resolving disputes. My own practice as a mediator – which tends to focus on inheritance and probate disputes, where the emotional element is often highly toxic – has some parallels with the mediation of Church disputes where an understanding of and sensitivity to theology is crucial.
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Beck, Justin D., and Judge David B. Torrey. "The AMA Guides in Pennsylvania “Post-Protz”: Act 111 and Case Law Update." Guides Newsletter 25, no. 3 (May 1, 2020): 12–19. http://dx.doi.org/10.1001/amaguidesnewsletters.2020.mayjun02.

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Abstract Medical evaluators must understand the context for the impairment assessments they perform. This article exemplifies issues that arise based on the role of impairment ratings and what edition of the AMA Guides to the Impairment of Permanent Impairment (AMA Guides) is used. This discussion also raises interesting legal questions related to retroactivity, applicability of prior precedent, and delegation. On June 20, 2017, the Supreme Court of Pennsylvania handed down its decision, Protz v. WCAB (Derry Area Sch. Dist.), which disallows use of the “most recent edition” of the AMA Guides when determining partial disability entitlement under the Pennsylvania Workers’ Compensation Act. An attempted solution was passed by the Pennsylvania General Assembly and was signed into law Act 111 on October 24, 2018. Although it affirms that the AMA Guides, Sixth Edition, must be used for impairment ratings, the law reduces the threshold for total disability benefits from 50% to 35% impairment. This legislative adjustment benefited injured workers but sparked additional litigation about whether, when, and how the adjustment should be applied (excerpts from the laws and decisions discussed by the authors are included at the end of the article). In using impairment as a threshold for permanent disability benefits, evaluators must distinguish between impairment and disability and determine an appropriate threshold; they also must be aware of the compensation and adjudication process and of the jurisdictions in which they practice.
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Everson, Emma G., and Samantha Hedges. "From Law to Policy and Practice: Lessons Learned From a Policy Discriminating Against English Learners." Journal of Cases in Educational Leadership 22, no. 4 (March 29, 2019): 19–31. http://dx.doi.org/10.1177/1555458919840390.

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This case illustrates the importance for school leaders and teachers to be knowledgeable about current legal precedent when creating district and school policies. We describe a legal battle that occurred in Lancaster, Pennsylvania, in which a school district instituted a policy affecting English learners that was in violation of two federal laws. Then, we analyze the case to explain the barriers school leaders encounter that prevent them from operationalizing federal laws and policies. We conclude by arguing the need for the legal literacy of school leaders to create district and school policies and train the teachers working under their direction.
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Kim, Bitna, Adam K. Matz, and Selye Lee. "Working Together or Working on the Same Task but Separately? A Comparison of Police Chief and Chief Probation or Parole Officer Perceptions of Partnership." Police Quarterly 20, no. 1 (July 31, 2016): 24–60. http://dx.doi.org/10.1177/1098611116657283.

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It remains unclear how pervasive police-community corrections partnerships are, and to what extent they are integrated into routine practice, as well as whether or not police chiefs and chief probation or parole officers within the same jurisdictions perceive them to be effective. The current study enhances our understanding of such partnerships between police and probation or parole. Data were collected through a statewide survey of a random sample of municipal police chiefs and county chief probation or parole officers in Pennsylvania. The primary research questions focus on identifying the following: (a) empirically derived and meaningful patterns of police-community corrections partnerships, (b) a comparison of police chief and chief probation or parole officer perceptions of benefits and problems regarding their partnerships, and (c) the predictors of these perceptions. Results reveal that such partnerships are prevalent, but they are predominantly informal, with formalization largely contingent on the progressiveness of the police chief (i.e., newer police chiefs were more likely to engage in formalized partnerships). Further, the crime prevention and recidivism reduction potential of these partnerships remain unclear from the perspectives of both law enforcement and community supervision leaders. In general, Pennsylvania police chiefs are less favorable to the partnerships than are the chiefs of probation or parole offices, and certain partnership types relate to the negative perceptions of some agency leaders. The implications of the findings reported here for policies, training, and future research are discussed.
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May, James R., and Erin Daly. "TEN GOOD PRACTICES IN ENVIRONMENTAL CONSTITUTIONALISM: STRUCTURE, TEXT AND JUSTICIABILITY." Novos Estudos Jurí­dicos 22, no. 3 (December 13, 2017): 964. http://dx.doi.org/10.14210/nej.v22n3.p964-990.

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Environmental constitutionalism is a relatively recent phenomenon at the confluence of constitutional law, international law, human rights, and environmental law. It embodies the recognition that the environment is a proper subject for protection in constitutional texts and for vindication by constitutional courts worldwide. This chapter posits ten “good practices” – those attributes that make effective outcomes more likely, but not assured – in environmental constitutionalism for advancing positive environmental outcomes considering energy, and governance and sustainability. Good practices in environmental constitutionalism can serve as a useful construct for considering the relationship between sustainability, energy and governance. Accordingly, Section A examines the ten practices that are consequential for effectuating environmental constitutionalism and positive environmental outcomes. Section B then explains how the Robinson Township decision out of the Commonwealth of Pennsylvania in the United States provides a recent example just how good practices can have a positive impact on environmental outcomes in practice.
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Clark, J. B. "Tristram and Coote's Probate Practice. Twenty seventh edition. By R. F. Yeldham, J. S. Gowers, M. J. Downs and R. B. Rowe (consulting editor). [London and Edinburgh: Butterworths. 1989. xlvi, 737, (Appendices) 419 and (Index) 31 pp. Hardback £135·00 net.]." Cambridge Law Journal 48, no. 3 (November 1989): 535–36. http://dx.doi.org/10.1017/s0008197300109900.

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Stone, Clarence N. "Rhetoric, Reality, and Politics: The Neoliberal Cul-de-Sac in Education." Urban Affairs Review 56, no. 3 (July 15, 2019): 943–72. http://dx.doi.org/10.1177/1078087419867165.

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In Barbara Ferman’s collection, The Fight for America’s Schools, grassroots resistance to neoliberal education reform holds the spotlight. Her geographic lens is the Pennsylvania/New Jersey region. In this article, the geographic focus shifts to Memphis, Tennessee, and Washington, D.C. Experiences in these two cities show how the neoliberal agenda is protected in the face of disappointing results. The Memphis case centers on a state takeover driven by a market ideology. Its experience underscores that reducing local representation to an inconsequential advisory role also diminishes what education policy leaders believe they need to consider. D.C. offers a more complex narrative, one haunted by the corrupted metrics of Campbell’s Law. In both cities, the neoliberal toolbox proved unable to deliver in practice what the drawing board had promised.
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He, Zhiyu. "The Reference of U.S. Murder Grading System to China’s Intentional Murder -- From the Perspective of Premeditated Contemplation." Frontiers in Humanities and Social Sciences 3, no. 3 (March 20, 2023): 193–202. http://dx.doi.org/10.54691/fhss.v3i3.4589.

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In American criminal law, the practice of taking premeditation as the classification standard of murder degree originates from the legislative reform of Pennsylvania in 1794, which divides premeditated intentional murder as the first-degree murder and the rest intentional killing as the second-degree murder. As only the first-degree murder can be sentenced to death, this reform succeeded to limit the number of capital punishments. However, there are also some problems in taking premeditation as the murder grading’s standard. Firstly, the definition of premeditation is vague, causing difficulties in judicial application. Secondly, premeditation cannot accurately reflect the actor’s culpability every time. If premeditation is the only factor in convicting and sentencing punishment, the result may be unfair. Therefore, some states in the United States abandoned the murder grading system based on premeditation, and instead applied the new paradigm of the Model Penal Code, which stipulated that only first-degree murder with aggravating circumstances can be sentenced to death. Although premeditation is regarded as the sentencing circumstance of intentional homicide in judicial interpretation, it is still vague in practice. The theoretical discussion and practical reform of premeditation in American murder law have certain reference significance for the conviction and sentencing of subjective factors of intentional homicide in China.
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Dissertations / Theses on the topic "Probate law and practice, pennsylvania"

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Ramsay, David Peter. "Toward a new wills variation act." Thesis, 1997. http://hdl.handle.net/2429/5978.

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Most common law and civil law jurisdictions have laws in place to provide a safety net so that those who are unfairly disinherited will be able to claim a share in a deceased's estate. Since 1920, British Columbia has been one of those jurisdictions in which a testator's distribution scheme may be varied at the discretion of the Court. However, the absence of a stated purpose of the legislation, a broad judicial discretion to determine what is adequate provision for a spouse and children and the failure of the Supreme Court of Canada in Tataryn v. Tataryn to bring certainty and predictability to the law point to a need for reform. The goal of this thesis is to complete the sentence "the purpose of legislation restricting testamentary freedom is . . . . " and to make recommendations for legislative change to accomplish this purpose. An overview of the law in British Columbia today and the arguments for reform will be outlined in chapters 1, 2 and 3. Chapters 4 through 8 will examine a number of topics to extract policies which might assist in the formulation of a dependant's relief statute's purpose. Historical concepts, family, intestacy and wrongful death legislation as expressions of values will be reviewed. From the doctrine of unjust enrichment, a cause of action independent of a statute, a contract or a tort, but now widely used in claims between family members, will be extracted principles which recognize compensation for the contribution of services and money between family members. Empirical studies about testators' intentions, family and other private relations will be noted in chapter 9. Lastly, chapter 10 will make a number of recommendations for reform. These include: (a) A statement of the statute's purpose. Persons who have lived together in a relationship of some permanence with financial and emotional interdependence should share equally the assets acquired during their time together and the survivor's need for support should be recognized. Children's support needs should also be met but the testamentary autonomy of persons should be subject only to these two objectives. (b) The broadening of categories of claimants to include cohabitants and stepchildren with the introduction of age and dependency criteria for the latter. (c) Criteria to be used in making reasonable financial provision for spouses and children. (d) A priorities scheme. (e) The right to waive the statutory rights by agreement. No attempt is made to provide recommendations for all of the issues that would arise under a new statute.
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2

Du, Plessis Jan Abraham. "Artikel 2(3) van die Wet op Testamente 7 van 1953." Diss., 1999. http://hdl.handle.net/10500/16693.

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Text in Afrikaans, abstract in Afrikaans and English
Title page in Afrikaans and English
Die verhandeling handel oor die howe se hantering van testamentere geskrifte wat nie aan die testamentsformaliteite voldoen nie. Die posisie voor die inwerkingtreding van artikel 2(3) word eerste bespreek. Daarna bespreek ek die wysigings wat aanbeveel is deur die regskommissie. Vervolgens bespreek ek die inwerkingtreding van artikel 2(3) wat aan die howe die bevoegdheid gee om 'n testamentere geskrif wat nie aan die formaliteite voldoen nie tot geldige testament te verhef. Die spesifieke probleemareas met die interpretasie van artikel 2(3) word uitgelig en in detail bespreek. Daarna maak ek 'n aanbeveling dat 'n handtekening of merk op 'n testamentere geskrif 'n drempelvereiste moet wees alvorens 'n hof dit kan kondoneer. Ek sluit af met 'n opinie oor hoe die artikel in die toekoms geinterpreteer behoort te word.
The dissertation is about the way in which the courts handle testamentary writings which do not comply with the formalities of a will. Firstly I discuss the position before the implementation of section 2(3). Thereafter I discuss the recommendations of the law commission. Then I discuss the implementation of section 2(3) which empowers the court to legalise a document which does not comply with the formal requirements of a will. The specific problem areas with regard to the interpretation of section 2(3) are highlighted and discussed in detail. Thereafter a recommendation is made that a signature or a mark on a testamentary writing must be a prerequisite before a court can consider condoning it. I conclude my dissertation with an opinion on how this section should be interpreted in the future.
Jurisprudence
LL. M. (Legum)
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Books on the topic "Probate law and practice, pennsylvania"

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Cleaver, David C. Pennsylvania probate and estate administration. 4th ed. [St. Paul, Minn.]: Thomson/West, 2006.

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Rothkopf, Nancy. Pennsylvania estates practice. 2nd ed. [Eagan, MN]: Thomson/West, 2005.

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Cleaver, David C. Pennsylvania probate and estate administration: With forms. 3rd ed. Suwanee, GA (1327 Northbrook Pkwy., Suite 400 Suwanee 30024-3586): Harrison Co., 2000.

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Cleaver, David C. Pennsylvania probate and estate administration: With forms. 2nd ed. Norcross, GA (3110 Crossing Park, Norcross 30091-7500): Harrison Co., 1992.

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Pennsylvania. Pennsylvania Probate, Estates, and Fiduciaries Code annotated: With forms. Philadelphia, Pa. (710 S. Washington Square, Philadelphia): G.T. Bisel Co., 1998.

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Institute, Pennsylvania Bar, and Pennsylvania Bar Association. Real Property, Probate, and Trust Law Section., eds. Real Property, Probate & Trust Law Section Spring Retreat: March 5 & 6, 2004 Harrisburg, Pennsylvania. [Mechanicsburg, Pa.] (5080 Ritter Rd., Mechanicsburg 17055-6903): Pennsylvania Bar Institute, 2004.

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Fahrner, Karen A. Brégy on selected sections of the Pennsylvania probate, estates, and fiduciaries code: Intestate, wills, and estates. Philadelphia, Pa. (710 S. Washington Sq., Philadelphia): G.T. Bisel Co., 1991.

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Pennsylvania. General Assembly. Joint State Government Commission, ed. The Probate, Estates and Fiduciaries Code: Proposed amendments to Title 20 of the Pennsylvania Consolidated Statutes. Harrisburg, Pa: Joint State Government Commission, 2007.

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Jasper, Margaret C. Probate law. Dobbs Ferry, N.Y: Oceana Publications, 1997.

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Jasper, Margaret C. Probate law. Dobbs Ferry, N.Y: Oceana Publications, 1997.

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Book chapters on the topic "Probate law and practice, pennsylvania"

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WILKINSON, THOMAS G., and ROGER B. MEILTON. "Supervising and Regulating the Practice of Law." In The Supreme Court of Pennsylvania, 71–93. Penn State University Press, 2018. http://dx.doi.org/10.5325/j.ctv14gp93r.9.

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Wilkinson Jr., Thomas G., and Roger B. Meilton. "Chapter 5: Supervising and Regulating the Practice of Law." In The Supreme Court of Pennsylvania, 71–93. Penn State University Press, 2018. http://dx.doi.org/10.1515/9780271081991-007.

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Dyson, Henry. "Donation-Partage And Donation De Biens A Venir." In French Property And Inheritance Law-Principles And Practice, 295–99. Oxford University PressOxford, 2003. http://dx.doi.org/10.1093/oso/9780199254750.003.0032.

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Abstract It might safely be assumed that the laws of a country whose citizens’ ability freely to dispose of their assets by will is as circumscribed as it is in France by the existence of the reserve would not provide its practitioners with much trouble in the administration of estates of deceased persons. One of the leading notaires, with much experience of probate work, considers that very many administrations lead to hard fought family disputes and that the reason lies precisely with the reserve. This is because, whilst there is intended to be equality of inheritance between issue, the rule of the reserve, as is explained in Chapter 28, is based on the limitations placed on what proportion of ‘gifts whether made inter vivos or by will’ (C.civ.art.913) an individual may make without impinging on what his issue are entitled to inherit.
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Pfander, James E. "The Origins of Uncontested Adjudication." In Cases Without Controversies, 19–32. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780197571408.003.0002.

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This brief chapter explores the origins of non-contentious or voluntary jurisdiction, tracing its appearance in Roman law and its incorporation into the practice of civil law systems of Europe. After examining uncontested adjudication in England, this chapter tracks its arrival in British North America. Building on English forms that were themselves rooted in civil law, colonial courts in North America used uncontested process to handle such familiar matters as the probate of decedents’ estates and the exercise of equity and admiralty jurisdiction.
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Clark, David S. "British Colonization in North America." In American Comparative Law, 45—C2.N1. Oxford University Press, 2022. http://dx.doi.org/10.1093/oso/9780195369922.003.0002.

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Abstract Chapter 2 describes the British colonial period, beginning with a review of the place of Roman, civil, and canon law in English legal history followed by a discussion of what impact those elements plus natural law, particularly through Scotsmen, might have had in America. Self-study and apprenticeship were the avenues to learn law in the colonies. Because the social and physical environment in America was so different from that in England, social factors were very important for the development of law, especially on lawyers and courts. In addition, the religious and cultural diversity that existed in the 13 North American British colonies was relevant to the view of law in different communities. For instance, Francis Pastorius, a Quaker, had studied law in Germany before he founded the first permanent German settlement in the colonies at Germantown, Pennsylvania. Finally, John Adams provides an exemplary legal comparatist in the pre-revolutionary period, as his law practice and political writings amply demonstrate.
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Finlay, John. "Furth of Scotland." In George Craig of Galashiels, 189–206. Edinburgh University Press, 2023. http://dx.doi.org/10.3366/edinburgh/9781399514835.003.0009.

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Law agents in Scotland often had to deal with matters extraneous to their jurisdiction. In Craig’s case this included dealing with solicitors in London, the north of England, Dublin and also attorneys in Jamaica. These dealing related to a variety of issues including probate and debt recovery. There were also financial and other arrangements to be made for clients temporarily overseas, such as those on military service. Craig also made arrangements to assist emigrants to America and, in particular, New South Wales where experienced shepherds, in particular, were in demand. Local practice was not divorced from the imperial context and, in a variety of ways, Craig encountered clients whose experiences abroad affected his legal and banking practice and his network necessarily extended to lawyers and bankers in England and elsewhere.
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Stampp, Kenneth M. "James Buchanan: President-elect." In America in 1857, 46–67. Oxford University PressNew York, NY, 1990. http://dx.doi.org/10.1093/oso/9780195039023.003.0003.

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Abstract Rarely has an American President entered the White House as superbly trained for his responsibilities as James Buchanan. Born in 1791 near Mercersburg, Pennsylvania, the son of a Scotch-Irish farmer and small merchant, Buchanan graduated from Dickinson College, read law, and in 1812 opened an office in Lancaster, launching what proved to be a highly successful and lucrative legal practice. Two years later he entered politics as a Federalist and served two terms in the state legislature.
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