Pennsylvania Instruction to Jury as to When Demand is not Necessary in Constituting Conversion

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US-01359BG
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A jury instruction is the judge's oral explanation of the law governing a case. Jury instructions are given after the attorneys have presented all the evidence and have made final arguments, but before the jury begins deliberations. Improper explanations of the law to be applied in jury instructions are often the basis for later appeals. Proof of demand and refusal is not essential to the maintenance of an action for conversion when the conversion is otherwise established.

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2022 Pennsylvania Income Tax Return (PA-40)

--Any employer of a person dying domiciled in this Commonwealth at any time after the death of the employee, whether or not a personal representative has been appointed, may pay wages, salary or any employee benefits due the deceased in an amount not exceeding $10,000 to the spouse, any child, the father or mother, or ...

Here is a general overview of the rules of intestacy in Pennsylvania: If the deceased is survived by a spouse but no children, parents, or siblings, then the spouse inherits the entire estate.

The executor can use the simplified probate process in Pennsylvania if the value of the decedent's personal property does not exceed $50,000. While there may be some savings in utilizing the small estate process, this process does not eliminate the requirement to pay any creditors and taxes that may be due.

The court shall have exclusive power to remove a personal representative when he: (1) is wasting or mismanaging the estate, is or is likely to become insolvent, or has failed to perform any duty imposed by law; or (2) Deleted.

Small Estate Definition In Pennsylvania, an estate qualifies as "small" if its qualified gross value is <$50,000 and it contains no real property (i.e., real estate) owned solely by the decedent. In calculating estate value, you should value assets as of the date of death, and ignore any debts.

When Can You Use a Settlement of Small Estate in Pennsylvania? Pennsylvania's small estate proceeding is called a "settlement of small estate on petition." This procedure is available if all of the property left behind is worth $50,000 or less.

(b) Action by consent. --Unless otherwise restricted in the bylaws, any action required or permitted to be approved at a meeting of the directors may be approved without a meeting by a consent or consents to the action in record form.

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Pennsylvania Instruction to Jury as to When Demand is not Necessary in Constituting Conversion