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In the United States, the common law rule has been abolished by statute in Alaska, Idaho, New Jersey, Pennsylvania, [22] Kentucky, [23] Rhode Island, [24] and South Dakota. [ 25 ] A new US Uniform Statutory Rule Against Perpetuities was published in 1986 that adopts the wait-and-see approach with a flat waiting period of 90 years in place of ...
In common law jurisdictions, probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased; or whereby, in the absence of a legal will, the estate is settled according to the laws of intestacy that apply in the state where the deceased resided at the time of their death.
From 1970 to 1995, the court maintained an official reporter, Pennsylvania Commonwealth Court Reports, volumes 1–168 (1970–1995). The Court's precedential and non-precedential ("unreported") opinions are posted online. Appeals from Commonwealth Court decisions go to the Supreme Court of Pennsylvania.
However, if no will is left, or the will is invalid or incomplete in some way, then administrators must be appointed. They perform a similar role to the executor of a will but, where there are no instructions in a will, the administrators must distribute the estate of the deceased according to the rules laid down by statute and the common trust.
The allodial or fee simple interest is the most complete ownership that one can have of property in the common law system. An estate can be an estate for years, an estate at will, a life estate (extinguishing at the death of the holder), an estate pur autre vie (a life interest for the life of another person) or a fee tail estate (to the heirs ...
State estate or inheritance taxes are much lower, but they’re still significant when tacked on to the high federal rates. The highest state tax rates can be found in Washington and Hawaii ...
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For a person dying during 2006, 2007, or 2008, the "applicable exclusion amount" is $2,000,000, so if the sum of the taxable estate plus the "adjusted taxable gifts" made during lifetime equals $2,000,000 or less, there is no federal estate tax to pay.
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