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Richard H. Morton
About | Practice Areas
Ryan, Morton & Imms, LLC
220 West Gay Street West Chester, PA 19380» view map
Estate and Business Law
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610-430-1425
1. Richard H. Morton West Chester, PA
  Attorney at Law, PA
  Widener University School of Law, J.D. 1984
2. AboutRyan, Morton & Imms, LLC
  The Lawyers on Your Side
3. Practice AreasExpertise
  Estate Law
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Includes: Estate Administration, Living Wills, Wills

Dennis J. Mark

Social Security -- Disability, Family Law, Medical Malpractice, Wills & Probate

Status: In Good Standing

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108 North Washington Avenue, Scranton, PA 18503

J. Frederick Rohrbeck

Corporate, Business Organization, Elder Law, Estate Administration

Status: In Good Standing

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220 Penn Avenue, Scranton, PA 18503

Kevin C. Quinn

Wills & Probate, Civil Rights, Business Organization, Products Liability

Status: In Good Standing

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148 Adams Avenue, Scranton, PA 18503

Gene M. Molino

Bankruptcy, Family Law, Living Wills, Personal Injury

Status: In Good Standing

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Greater Pittston Professional Ctr., 126 South Main Street, Pittston, PA 18640

David K. Brown

Estate Administration, Estate Planning, Corporate, Bankruptcy

Status: In Good Standing Licensed: 44 Years

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220 Penn Ave, Scranton, PA 18503

Danielle M. Mulcahey

Wills & Probate, Labor Law, Bad Faith Insurance, Business Organization

Status: In Good Standing Licensed: 29 Years

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148 Adams Avenue, Scranton, PA 18503

Brian Yeager

International Tax, Wills & Probate, Business, Trusts

Status: In Good Standing

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116 N Washington Ave, Scranton, PA 18503

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LEGAL TERMS

SURVIVING SPOUSE'S TRUST

If a couple has created an AB trust, the revocable living trust (Trust B) of the surviving spouse, after the first spouse has died.

PROBATE COURT

A specialized court or division of a state trial court that considers only cases concerning the distribution of deceased persons' estate. Called 'surrogate cour... (more...)

A specialized court or division of a state trial court that considers only cases concerning the distribution of deceased persons' estate. Called 'surrogate court' in New York and several other states, this court normally examines the authenticity of a will -- or if a person dies intestate, figures out who receives her property under state law. It then oversees a procedure to pay the deceased person's debts and to distribute her assets to the proper inheritors. See probate.

GROSS ESTATE

For federal estate tax filing purposes, the total of all property owned at death, without regard to any debts or liens against the property or the costs of prob... (more...)

For federal estate tax filing purposes, the total of all property owned at death, without regard to any debts or liens against the property or the costs of probate. Taxes are due only on the value of the property the person actually owned (the net estate) plus the amount of any taxable gifts made during life. In a few states, the gross estate is used when computing attorney fees for probating estates; the lawyer gets a percentage of the gross estate.

ACCUMULATION TRUST

A trust in which the income is retained and not paid out to beneficiaries until certain conditions are met. For example, if Uncle Pierre creates a trust for Nic... (more...)

A trust in which the income is retained and not paid out to beneficiaries until certain conditions are met. For example, if Uncle Pierre creates a trust for Nick's benefit but stipulates that Nick will not get a penny until he gets a Ph.D. in French; Nick is the beneficiary of an accumulation trust.

PROVING A WILL

Convincing a probate court that a document is truly the deceased person's will. Usually this is a simple formality that the executor or administrator easily sat... (more...)

Convincing a probate court that a document is truly the deceased person's will. Usually this is a simple formality that the executor or administrator easily satisfies by showing that the will was signed and dated by the deceased person in front of two or more witnesses. When the will is holographic -- that is, completely handwritten by the deceased and not witnessed, it is still valid in many states if the executor can produce relatives and friends to testify that the handwriting is that of the deceased.

GENERATION-SKIPPING TRANSFER TAX

A federal tax imposed on money placed in a generation-skipping trust. Currently, there is a $1 million exemption to the GSTT; that is, each person may leave $1 ... (more...)

A federal tax imposed on money placed in a generation-skipping trust. Currently, there is a $1 million exemption to the GSTT; that is, each person may leave $1 million in a generation-skipping trust free of this tax. The GSST is imposed when the middle-generation beneficiaries die and the property is transferred to the third-generation beneficiaries. Every dollar over $1 million is subject to the highest existing estate tax rate--currently 55%--at the time the GSTT tax is applied.

EXEMPTION TRUST

A bypass trust funded with an amount no larger than the personal federal estate tax exemption in the year of death. If the trust grantor leaves property worth m... (more...)

A bypass trust funded with an amount no larger than the personal federal estate tax exemption in the year of death. If the trust grantor leaves property worth more than that amount, it usually goes to the surviving spouse. The trust property passes free from estate tax because of the personal exemption, and the rest is shielded from tax under the surviving spouse's marital deduction.

RULE AGAINST PERPETUITIES

An exceedingly complex legal doctrine that limits the amount of time that property can be controlled after death by a person's instructions in a will. For examp... (more...)

An exceedingly complex legal doctrine that limits the amount of time that property can be controlled after death by a person's instructions in a will. For example, a person would not be allowed to leave property to her husband for his life, then to her children for their lives, then to her grandchildren. The gift would potentially go to the grandchildren at a point too remote in time.

DISCHARGE (OF PROBATE ADMINISTRATOR)

A court order releasing the administrator or executor from any further duties connected with the probate of an estate. This typically occurs when the duties hav... (more...)

A court order releasing the administrator or executor from any further duties connected with the probate of an estate. This typically occurs when the duties have been completed but may happen sooner if the executor or administrator wishes to withdraw or is dismissed.

SAMPLE LEGAL CASES

In re Estate of Allen

... OPINION BY COLVILLE, J.: Â¶ 1 This appeal by Eleanor J. Kim ("the Executrix") arises from the order directing her to reimburse the Estate of Thomas P. Allen ("the Estate") for taxes paid from the residue of the Estate on non-probate assets that became her property on the death ...

In re Estate of Shelly

... After Decedent's 1023 death, Thomas Steiger Jr., Esquire, submitted a cardboard panel of a cigarette carton for probate on August 25, 1999, and the Register of Wills issued letters of administration cta naming Michael J. Cook, who is not related to Norman, as administrator of ...

IN RE ESTATE OF CRUCIANI

... OPINION BY POPOVICH, J.: Â¶ 1 Appellant Jeannine M. McCullough appeals the order holding that the signature on the last will and testament of Marjorie J. Cruciani, deceased, which document was submitted to probate by Appellant, was a forgery. We affirm. ...

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Jackson Wills & Probate Lawyer, Pennsylvania

Sponsored Law Firm

Ryan, Morton & Imms, LLC

SPONSORED LAWYERS

Dennis J. Mark

J. Frederick Rohrbeck

Kevin C. Quinn

Gene M. Molino

David K. Brown

Danielle M. Mulcahey

Brian Yeager

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LEGAL TERMS

SURVIVING SPOUSE'S TRUST

PROBATE COURT

GROSS ESTATE

ACCUMULATION TRUST

PROVING A WILL

GENERATION-SKIPPING TRANSFER TAX

EXEMPTION TRUST

RULE AGAINST PERPETUITIES

DISCHARGE (OF PROBATE ADMINISTRATOR)

SAMPLE LEGAL CASES

In re Estate of Allen

In re Estate of Shelly

IN RE ESTATE OF CRUCIANI

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