A
Ademption
When a specific gift in a will fails because the property no longer exists in the estate at death. For example, if a will leaves 'my 2020 Honda' but the testator sold it before death, the gift is adeemed. · Estate Planning & Administration
Adjudication
A formal court decree distributing estate or trust assets after an accounting is filed and approved. In Bucks County, audit dates are scheduled by the Orphans' Court on a rolling calendar. · Estate Planning & Administration
Administration
The process of managing and distributing a decedent's estate. 'Letters of Administration' are issued when there is no will; 'Letters Testamentary' when there is. · Estate Planning & Administration
Administrator
The person appointed by the Register of Wills to manage an estate when there is no valid will (intestate). Compare with Executor, who is named in the will. The Register appoints administrators according to a statutory priority list (surviving spouse first, then next of kin). 20 Pa.C.S. § 3155 (priority of appointment); § 3162 (bond). See Step-by-Step: The Probate Process in Bucks County. · Estate Planning & Administration
Adverse Possession
A method of acquiring title to real property through actual, continuous, exclusive, visible, notorious, distinct and hostile possession for at least 10 years (or 21 years under the traditional statute). Requires a quiet title action. (42 Pa.C.S. § 5527.1; § 5530) · Real Estate & Property Law
Affidavit of Death
A sworn statement establishing the fact and date of the decedent's death. Filed pursuant to 20 Pa.C.S. § 925 when an original death certificate cannot be obtained. · Estate Planning & Administration
Alimony
An order for support granted to a spouse or former spouse in conjunction with a decree granting a divorce or annulment. Distinguished from APL (alimony pendente lite), which is temporary support during the proceeding. (23 Pa.C.S. § 3103; § 3701) · Family Law & Domestic Relations
Alimony Pendente Lite (APL)
An order for temporary support granted to a spouse during the pendency of a divorce or annulment proceeding. Designed to ensure both spouses can maintain themselves during litigation. (23 Pa.C.S. § 3103; § 3702) · Family Law & Domestic Relations
Ancillary Administration
A secondary probate proceeding opened in a state other than the decedent's domicile, typically to deal with real property located there. Pennsylvania requires ancillary proceedings for out-of-state decedents who owned PA real estate. · Estate Planning & Administration
Annual Exclusion (Gift Tax)
The amount each person can give to any other person each year without triggering gift tax reporting requirements. For 2026, the federal annual exclusion is $19,000 per recipient. Pennsylvania does not impose a separate gift tax. · Estate Planning & Administration
Arbitration
A method of resolving disputes outside of court. In Pennsylvania, civil cases under a specified dollar amount are subject to compulsory arbitration. Appeals from arbitration awards must be filed within 30 days. (Pa.R.C.P. 1301 to 1314) · Civil Litigation & Business Disputes
Assessment Appeal
A formal challenge to a property's assessed value for real estate tax purposes. In Bucks County, appeals are filed with the Board of Assessment Appeals. The common level ratio (CLR) is used to convert assessed values to fair market value for comparison. · Real Estate & Property Law
B
Bad Faith (Insurance)
An insurer's unreasonable denial, delay, or undervaluation of a legitimate claim. Pennsylvania's bad faith statute (42 Pa.C.S. § 8371) allows policyholders to recover interest, punitive damages, and attorney fees. · Litigation
Beneficiary
A person who has a present or future beneficial interest in a trust, vested or contingent, or who holds a power of appointment over trust property in a capacity other than trustee or protector. In estate planning, also refers to anyone designated to receive assets from a will, trust, or account. (20 Pa.C.S. § 7703) · Estate Planning & Administration
Best Interest of the Child
The legal standard courts apply in all custody decisions under 23 Pa.C.S. § 5328. The court considers 16 statutory factors focusing on the child's safety, welfare, and well-being. Acts 8 of 2024 and 11 of 2025 added safety-focused factors and require substantial weighted consideration for factors involving child safety. · Family Law & Domestic Relations
Breach of Trust
A violation by a trustee or trust director of a duty owed to a beneficiary of the trust. May result in surcharge; personal liability for losses caused by the breach. (20 Pa.C.S. § 7703) · Orphans' Court & Fiduciary Litigation
Buy-Sell Agreement
A contract among business co-owners that governs what happens to a member's ownership interest upon death, disability, retirement, or dispute. Often funded by life insurance and triggered by specific events. · Business Law
C
Caveat
A formal objection filed with the Register of Wills to prevent the probate of a will. Triggers a hearing before the Register or, if contested, before the Orphans' Court. See Will Contests & Caveats in Bucks County. · Orphans' Court & Fiduciary Litigation
Citation
In Orphans' Court, a formal order requiring a person to appear or respond. Used in guardianship proceedings, accountings, and estate disputes. Issued by the court upon petition. · Orphans' Court & Fiduciary Litigation
Codicil
A written amendment to an existing will. Must be executed with the same formalities as a will (in writing, signed at the end). Used for minor changes. · Estate Planning & Administration
Common Level Ratio (CLR)
The ratio between assessed property values and actual market values in a county, published annually by the State Tax Equalization Board. Used to calculate realty transfer tax on properties sold above the assessed value and in assessment appeal proceedings to determine fair market value. · Real Estate & Property Law
Comparative Negligence
Pennsylvania's system for allocating fault in personal injury cases. A plaintiff can recover damages as long as their share of fault does not exceed 50%. The recovery is reduced by the plaintiff's percentage of fault. (42 Pa.C.S. § 7102) · Civil Litigation & Business Disputes
Comprehensive Plan
A municipality's long-range planning document that guides land use, zoning, transportation, and development. While advisory rather than binding in Pennsylvania, courts give it significant weight in zoning challenges. · Real Estate & Zoning
Conditional Use
A land use that is permitted in a zoning district only after a governing body hearing and approval with specific conditions. Unlike variances, conditional uses are contemplated by the zoning ordinance itself. · Real Estate & Zoning
Confession of Judgment
A clause in a contract allowing the creditor to obtain a judgment against the debtor without notice or hearing. Common in PA commercial leases and promissory notes. · Business & Corporate Law
Consentable Line
A boundary line established between neighboring property owners through long acquiescence (21+ years of mutual recognition). Once established, the consentable line becomes the legal boundary even if a survey shows the actual deed line is elsewhere. A common issue in Bucks County boundary disputes. · Real Estate & Property Law
Conservator
Under Pennsylvania law, a limited guardian appointed to manage only the financial affairs of an incapacitated person. Distinguished from a full guardian who manages both person and estate. · Elder Law & Medicaid Planning
Contempt
Willful disobedience of a court order. In family law, commonly used to enforce custody, support, and PFA orders. Civil contempt aims to compel compliance; criminal contempt punishes the violation. · Family Law & Domestic Relations
Custody Conciliation
A mandatory, informal meeting held early in custody proceedings where parents attempt to reach agreement with the help of a court conciliator before proceeding to litigation. In Bucks County, the CCES (Custody Conciliation and Evaluation Service) program handles these conferences. · Family Law & Domestic Relations
D
Decanting
The process of distributing assets from one irrevocable trust into a new trust with different terms. Pennsylvania's Uniform Trust Decanting Act (20 Pa.C.S. §§ 7841-7852) authorizes this when the trustee has discretionary distribution power. · Estate Planning & Administration
Decedent
A person who has died. In Pennsylvania, the term covers both a testator (person who died with a valid will) and a person dying intestate (without a will). 20 Pa.C.S. § 102. · Estate Planning & Administration
Defamation
A false statement of fact published to a third party that damages someone's reputation. Libel refers to written defamation; slander to spoken. Pennsylvania recognizes certain statements as defamatory per se, requiring no proof of actual damages. · Litigation
Default Judgment
A judgment entered against a party who fails to respond to a complaint or appear in court within the required time (typically 20 days after service in Pennsylvania). The prevailing party may file a praecipe for default judgment after the deadline passes. (Pa.R.C.P. 1037) · Civil Litigation & Business Disputes
Deposition
Sworn, out-of-court testimony taken before trial. A witness answers questions under oath, recorded by a court reporter. Used for discovery and can be read at trial if the witness is unavailable. · Civil Litigation & Business Disputes
Digital Assets
Online accounts, cryptocurrency, email, social media, digital photos, and other electronic property. Pennsylvania's Revised Uniform Fiduciary Access to Digital Assets Act (20 Pa.C.S. §§ 3901 to 3918) governs how executors, trustees, and agents access digital assets after death or incapacity. · Estate Planning & Administration
Disclaimer
A written refusal to accept an interest in property that would otherwise pass to you by will, trust, intestacy, joint tenancy, or beneficiary designation. Must describe the interest, declare the disclaimer, and be signed. 20 Pa.C.S. § 6201. See Disclaimers & Renunciations. · Estate Planning & Administration
Discovery
The pre-trial phase where parties exchange information relevant to the case. Includes interrogatories (written questions), depositions, document requests, and requests for admissions. · Civil Litigation & Business Disputes
E
Easement
A legal right to use another person's land for a specific purpose, such as a driveway or utility line. Can be express (written), implied, or prescriptive (established by long use. 21 years in PA). · Real Estate & Property Law
Ejectment
A legal action to recover possession of real property from someone who is wrongfully in possession. In Pennsylvania, governed by Pa.R.C.P. 1051 to 1058. Also used to contest adverse possession claims. · Real Estate & Property Law
Elective Share
A surviving spouse's statutory right to claim one-third of certain estate assets, regardless of what the will provides. Must be exercised within 6 months of the decedent's death. 20 Pa.C.S. § 2203. See Spousal Election: Taking Against the Will. · Estate Planning & Administration
Eminent Domain
The power of government to take private property for public use upon payment of just compensation. In Pennsylvania, condemnation proceedings are governed by 26 Pa.C.S. (Eminent Domain Code), and the petition for viewers must be filed within six years. (42 Pa.C.S. § 5527(a)) · Real Estate & Property Law
Equitable Distribution
The division of marital property in a divorce. PA divides property based on fairness (not necessarily 50/50) using factors in 23 Pa.C.S. § 3502. · Family Law & Domestic Relations
Escrow
Funds or documents held by a neutral third party until specified conditions are met. In real estate transactions, the escrow agent holds the buyer's deposit and distributes funds at closing. Also refers to accounts maintained by mortgage servicers to pay property taxes and insurance premiums on behalf of borrowers. · Real Estate & Property Law
Estate Recovery (Medicaid)
A state program requiring the Pennsylvania Department of Human Services (DHS) to seek reimbursement from a deceased Medicaid recipient's estate for long-term care benefits paid during their lifetime. DHS must be notified as a potential creditor during probate. (62 P.S. § 1412) · Elder Law & Medicaid Planning
F
Fair Market Value
The price at which property would change hands between a willing buyer and a willing seller, neither being under any compulsion and both having reasonable knowledge of relevant facts. Used in estate tax, equitable distribution, and property transactions. · General Legal Terms
Family Exemption
The right of a surviving spouse (or, if none, children who are members of the same household, or if none, parents who are members of the same household) to retain up to $3,500 in real or personal estate property before other claims. 20 Pa.C.S. § 3121. · Estate Planning & Administration
Fiduciary
A person or institution with a legal duty to act in the best interest of another. Includes executors, administrators, guardians, trustees, receivers, committees, and assignees for the benefit of creditors. A fiduciary who breaches this duty may face a surcharge action in Orphans' Court. 20 Pa.C.S. § 102 (definition); §§ 7771–7780 (duties of trustees). · Estate Planning & Administration
Filial Support
Pennsylvania's law requiring adult children to support indigent parents who cannot maintain themselves. Nursing homes and care facilities can sue adult children directly for unpaid bills under 23 Pa.C.S. § 4603. One of the few states where this obligation is actively enforced. · Elder Law & Medicaid Planning
G
Gift Tax
A federal tax on transfers of property for less than full value during the transferor's lifetime. The annual exclusion ($19,000 per recipient in 2026) and the lifetime exemption ($15 million per person in 2026, permanently set by the One Big Beautiful Bill Act) reduce or eliminate the tax for most donors. Pennsylvania does not impose a separate state gift tax. · Estate Planning & Administration
Grantee
The person or entity receiving an interest in real property by deed. In a typical sale, the grantee is the buyer. See Types of Deeds in Pennsylvania. · Real Estate & Property Law
Grantor
The person or entity transferring an interest in real property by deed. In a typical sale, the grantor is the seller. Also used in trust law to describe the person who creates a trust (also called a settlor or trustor). See Types of Deeds in Pennsylvania. · Real Estate & Property Law
Grantor Trust
A trust where the grantor retains certain powers causing all trust income to be taxed to the grantor personally rather than to the trust. All revocable trusts are grantor trusts by default. Pennsylvania Act 64 of 2024 changed how grantor trusts are treated for state inheritance tax purposes. · Estate Planning & Administration
H
Homeowners Association (HOA)
An organization that manages a planned community or condominium and enforces its governing documents (declaration, bylaws, and rules). Pennsylvania's Uniform Planned Community Act (68 Pa.C.S. Chapter 53) and Uniform Condominium Act (68 Pa.C.S. Chapter 33) govern HOA authority and homeowner rights. · Real Estate & Property Law
I
Incapacitated Person
An adult whose ability to receive and evaluate information effectively and communicate decisions is so impaired that they are partially or totally unable to manage their financial resources or meet essential health and safety needs. Formerly called 'incompetent' under prior law. (20 Pa.C.S. § 5501) · Elder Law & Medicaid Planning
Inheritance Tax (Pennsylvania)
Pennsylvania's tax on assets transferred at death, imposed on the beneficiary based on their relationship to the decedent. Rates: 0% (surviving spouse), 4.5% (lineal descendants and ancestors), 12% (siblings), 15% (all other beneficiaries). Due within 9 months of death; a 5% discount applies if paid within 3 months. (72 P.S. § 9116) · Estate Planning & Administration
Inter Vivos
Latin for 'between the living.' Refers to transfers or trusts created during a person's lifetime, as opposed to testamentary dispositions that take effect at death. An inter vivos trust is a living trust. (20 Pa.C.S. § 7731(1)) · Estate Planning & Administration
Interrogatories
Written questions sent to an opposing party during discovery, which must be answered under oath within 30 days. Governed by Pa.R.C.P. 4005. Limited to specific topics relevant to the case. · Civil Litigation & Business Disputes
Intestate
Dying without a valid will. Assets pass according to Pennsylvania's intestacy statute (20 Pa.C.S. §§ 2101–2114) based on your family structure. For example, if you die with a surviving spouse and children who are also the spouse's children, the spouse receives the first $30,000 plus half of the balance; the children split the rest. See Intestacy: What Happens Without a Will. · Estate Planning & Administration
Irrevocable Life Insurance Trust (ILIT)
A trust created to own a life insurance policy outside the insured's taxable estate, removing the proceeds from both federal estate tax and Pennsylvania inheritance tax. The trust must be irrevocable, properly funded, and the grantor must survive at least three years after transferring the policy. · Estate Planning & Administration
Irrevocable Trust
A trust that generally cannot be modified or revoked by the grantor after creation. Used for asset protection, Medicaid planning, tax reduction, and other purposes. The grantor gives up control of assets transferred into the trust. Can be modified in limited circumstances through decanting, court modification, or consent of all beneficiaries. · Estate Planning & Administration
J
Joint Tenancy
A form of co-ownership where two or more persons hold property with an equal right to enjoy it during their lifetimes, and with a right of survivorship; the surviving owner(s) automatically inherit the deceased owner's share. Compare with tenants in common and tenants by the entireties. · Real Estate & Property Law
L
Laches
An equitable defense that bars a claim when the plaintiff unreasonably delayed in asserting their rights and the delay caused prejudice to the defendant. Common in partition and property disputes. · Civil Litigation & Business Disputes
Lemon Law
Consumer protection law covering defective vehicles. Pennsylvania's state lemon law (73 P.S. § 1951 et seq.) covers new vehicles with substantial defects. Bucks County Ordinance No. 168 is the first county-level used car lemon law in the country, providing additional protections for used vehicle buyers. · Civil Litigation & Business Disputes
Letters C.T.A.
Cum testamento annexo. 'with the will annexed.' Issued when there is a valid will but the named executor cannot or will not serve. The administrator c.t.a. follows the will's terms but is appointed by the Register. · Estate Planning & Administration
Letters D.B.N.
De bonis non. 'of goods not administered.' Issued when the original personal representative dies, resigns, or is removed before the estate is fully administered. The d.b.n. administrator completes the remaining administration. · Estate Planning & Administration
Letters D.B.N.C.T.A.
De bonis non cum testamento annexo, the combination. There is a will, the original executor can no longer serve, and the estate is not yet complete. The most common successor appointment in practice. · Estate Planning & Administration
Letters Durante Absentia
Temporary letters issued when the person entitled to administer is absent from the Commonwealth. The durante absentia administrator serves until the absent person returns and qualifies. · Estate Planning & Administration
Letters Durante Minoritate
Temporary letters issued when the person entitled to serve as personal representative is a minor (under 18). The administrator serves until the minor reaches the age of majority. · Estate Planning & Administration
Letters Testamentary
The official document issued by the Register of Wills authorizing the executor named in the will to act on behalf of the estate. You will need certified copies (short certificates) to transact business with banks, brokerages, and title companies. · Estate Planning & Administration
Lien
A legal claim or charge on property as security for a debt or obligation. Common types in PA include judgment liens, mechanic's liens, tax liens, and mortgage liens. Lien priority generally follows a first-in-time rule, with exceptions for purchase money mortgages. · Real Estate & Property Law
Life Estate
An ownership interest in real property that lasts only for the holder's lifetime. The life tenant has the right to use, occupy, and enjoy the property; at death, ownership passes automatically to the designated remainderman without probate. Commonly used in Medicaid planning and intergenerational property transfers. · Real Estate & Property Law
Lis Pendens
Latin for 'suit pending.' A recorded notice that a lawsuit has been filed affecting title to real property. Warns potential buyers or lenders that the property is subject to litigation. Referenced in 20 Pa.C.S. § 3390; § 3546. · Real Estate & Property Law
Living Will
An advance directive specifying which life-sustaining medical treatments a person does or does not want if they become terminally ill or permanently unconscious and are unable to communicate. In Pennsylvania, governed by 20 Pa.C.S. Chapter 54. Distinguished from a 'living trust,' which is an estate planning tool. See Healthcare Directives & Living Wills. · Estate Planning & Administration
Lookback Period (Medicaid)
The 60-month (5-year) period before a Medicaid long-term care application during which all asset transfers are reviewed. Transfers made for less than fair market value during this period result in a penalty period of Medicaid ineligibility, calculated by dividing the uncompensated value by the average monthly cost of nursing home care. · Elder Law & Medicaid Planning
M
Marital Property
All property acquired by either spouse during the marriage, plus the increase in value of certain nonmarital property. Excludes property acquired before marriage, by gift or inheritance, after final separation, or excluded by valid agreement. Subject to equitable distribution in divorce. (23 Pa.C.S. § 3501) · Family Law & Domestic Relations
Mechanic's Lien
A lien filed by a contractor, subcontractor, or supplier against real property for unpaid work or materials. Must be filed within 6 months of project completion. 49 P.S. § 1101 et seq. · Real Estate & Property Law
Mediation
A voluntary, non-binding method of resolving disputes with the help of a neutral third party (mediator). The mediator facilitates negotiation but does not make decisions. Common in divorce, custody, and business disputes. · Civil Litigation & Business Disputes
Medicaid (Long-Term Care)
A joint federal and state program providing health coverage for low-income individuals, including coverage for nursing home and long-term care. In Pennsylvania, eligibility for long-term care Medicaid requires meeting strict asset and income limits. Planning strategies must account for the 5-year lookback period and Pennsylvania's estate recovery program. · Elder Law & Medicaid Planning
N
Negligence
The failure to exercise reasonable care, resulting in harm to another person. A plaintiff must prove four elements: duty, breach, causation, and damages. Pennsylvania follows a modified comparative negligence rule (51% bar). · Litigation
No-Contest Clause (In Terrorem)
A provision in a will or trust that penalizes a beneficiary who challenges the document, typically by revoking their inheritance. Pennsylvania courts enforce these clauses but may excuse challenges brought with probable cause. · Estate Planning & Administration
Non-Compete Agreement
A restrictive covenant in which one party (usually an employee or business seller) agrees not to engage in competing business activities for a specified time and geographic area. Pennsylvania courts enforce non-competes if they are supported by adequate consideration and are reasonably limited in scope, duration, and geography. · Business & Corporate Law
Nonconforming Use
A lawful land use that existed before a zoning change made it noncompliant. Pennsylvania's Municipalities Planning Code protects prior lawful nonconforming uses from being eliminated by subsequent zoning amendments. · Real Estate & Zoning
O
Operating Agreement
The governing document for a limited liability company (LLC) that defines the rights, duties, and obligations of its members and managers. Covers ownership percentages, profit distribution, voting, management structure, and dissolution procedures. · Business & Corporate Law
Orphans' Court
The division of the Court of Common Pleas that handles estates, trusts, guardianships, and related matters. In Bucks County, the Orphans' Court adjudicates will contests, estate and trust accountings, fiduciary surcharge actions, guardianships of incapacitated persons, adoptions, and trust modifications. · Orphans' Court & Fiduciary Litigation
P
Per Capita
A method of distributing an estate where all living beneficiaries at the same generational level share equally. Latin for 'by the head.' Unlike per stirpes, if a beneficiary predeceases the testator, their share is redistributed among the remaining beneficiaries at that level rather than passing to their children. Compare with per stirpes. · Estate Planning & Administration
Per Stirpes
A method of distributing an estate where a deceased beneficiary's share passes down to their children equally. Latin for 'by the branch.' If your child predeceases you, their share goes to their children, not to your other children. · Estate Planning & Administration
Personal Representative
Generic term for the person administering an estate, whether an executor (named in the will) or administrator (appointed by the court). Must take an oath (20 Pa.C.S. § 3161), post bond unless waived (§§ 3171–3175), and may be removed for cause (§ 3182). 20 Pa.C.S. § 102 (definition). See Executor Duties & Personal Liability. · Estate Planning & Administration
Pet Trust
A trust created to provide for the care of one or more animals during the animal's lifetime. Authorized by 20 Pa.C.S. § 7738, enforceable by the designated caretaker, any person with an interest in the animal's welfare, or by the court. Terminates when the last covered animal dies. · Estate Planning & Administration
Power of Attorney
A legal document authorizing another person (agent) to act on your behalf in financial or legal matters. 'Durable' means it survives your incapacity. In Pennsylvania, governed by 20 Pa.C.S. Chapter 56. See Powers of Attorney and Advanced Issues. · Estate Planning & Administration
Praecipe
A written request filed with the court directing the clerk or prothonotary to take a specific action, such as entering judgment, scheduling a hearing, or issuing a writ. Common in PA court practice. · Civil Litigation & Business Disputes
Preliminary Objections
Pennsylvania's equivalent of a motion to dismiss. Filed in response to a complaint, they challenge the legal sufficiency of the pleading (demurrer), lack of jurisdiction, improper venue, or other defects. Must be filed within 20 days. (Pa.R.C.P. 1028) · Civil Litigation & Business Disputes
Prenuptial Agreement
A contract between prospective spouses made in contemplation of marriage that governs rights and obligations regarding property, support, and other matters in the event of divorce or death. Governed by 23 Pa.C.S. §§ 3103 to 3106. Enforceable if entered voluntarily with reasonable financial disclosure. · Family Law & Domestic Relations
Pretermitted Child
A child born or adopted after a will is executed who is not provided for in the will. Under 20 Pa.C.S. § 2507(4), a pretermitted child may receive the share they would have received under intestacy, unless the will shows an intent to disinherit or the testator provided for the child outside the will. · Estate Planning & Administration
Probate
The legal process of administering a deceased person's estate: validating the will, granting authority to the executor, paying debts and taxes, and distributing assets to beneficiaries. In Pennsylvania, probate is handled by the county Register of Wills. Not all assets go through probate; jointly held property, beneficiary-designated accounts, and trust assets pass outside the process. See Do I Need Probate? and Step-by-Step: The Probate Process in Bucks County. · Estate Planning & Administration
Product Liability
Legal responsibility of manufacturers, distributors, and sellers for injuries caused by defective products. Pennsylvania recognizes claims based on strict liability (402A), negligence, and breach of warranty. · Litigation
Protection From Abuse (PFA)
An emergency court order protecting victims of domestic violence. Can order the abuser to stay away, leave the home, and surrender firearms. 23 Pa.C.S. §§ 6101 to 6122. Free to file. · Family Law & Domestic Relations
Purchase Money Mortgage
A mortgage given by the buyer to the seller as part of the purchase price. Has automatic first-lien priority under 42 Pa.C.S. § 8141. · Real Estate & Property Law
Q
QDRO
Qualified Domestic Relations Order. A court order required to divide employer-sponsored retirement plans (401k, pension) in a divorce without tax penalties. · Family Law & Domestic Relations
Quiet Title
A legal action filed to establish ownership of real property and remove any competing claims, liens, or clouds on title. In Pennsylvania, governed by Pa.R.C.P. 1061 to 1068. Often used in conjunction with adverse possession claims. · Real Estate & Property Law
R
Realty Transfer Tax
A tax imposed on the transfer of real property. Pennsylvania imposes a 1% state tax; municipalities and school districts may impose additional local taxes (typically an additional 1% in Bucks County for a combined 2% rate). Numerous statutory exemptions exist for transfers between family members, to trusts, and other qualifying transactions. (72 P.S. § 8101-C et seq.) · Real Estate & Property Law
Recording
The act of filing a deed, mortgage, lien, or other document with the county Recorder of Deeds to provide public notice of the transaction. Pennsylvania follows a 'race-notice' recording statute; an unrecorded deed is vulnerable to a later purchaser who records first without knowledge of the prior transfer. · Real Estate & Property Law
Relocation (Custody)
When a custodial parent seeks to move a significant distance with their child. Under 23 Pa.C.S. § 5337, the relocating parent must provide 60 days' advance notice and obtain consent or court approval before moving. · Family Law
Remainder Interest
A future ownership interest in property that takes effect after a prior interest (such as a life estate or trust term) ends. The holder of a remainder interest is called the remainderman. Often created in life estate deeds and trusts to control who receives property after the current holder's interest terminates. · Real Estate & Property Law
Revocable Trust (Living Trust)
A trust that the grantor can modify, amend, or revoke during their lifetime. Becomes irrevocable at the grantor's death. Avoids probate for assets properly funded into the trust, but does not avoid Pennsylvania inheritance tax. The most common estate planning trust structure. · Estate Planning & Administration
S
Self-Proving Will
A will with an attached notarized affidavit (under 20 Pa.C.S. § 3132.1) that eliminates the need to produce witnesses at probate. Dramatically simplifies the probate process. · Estate Planning & Administration
Settlor
A person, including a testator, who creates or contributes property to a trust. If more than one person contributes, each is a settlor of their portion except to the extent another person has the power to revoke or withdraw that portion. (20 Pa.C.S. § 7703) · Estate Planning & Administration
Short Certificate
A certified copy of Letters Testamentary or Letters of Administration. Banks, insurance companies, and title companies require short certificates to transact estate business. In Bucks County, each short certificate costs $5. Order several when you open the estate; you will need them. · Estate Planning & Administration
Small Estate Collection
Methods of handling a decedent's assets without full probate administration. Under § 3101, certain institutions can pay out small amounts directly to family (bank deposits up to $20,000 per institution, wages up to $10,000, insurance up to $11,000). Under § 3102, the Orphans' Court can order distribution of an entire estate when gross personal property does not exceed $50,000. (20 Pa.C.S. §§ 3101 to 3102) · Estate Planning & Administration
Special Needs Trust (SNT)
A trust designed to hold assets for a disabled beneficiary without disqualifying them from means-tested public benefits such as SSI and Medicaid. Three main types: first-party (d)(4)(A) trusts funded with the beneficiary's own assets, third-party trusts funded by family, and pooled trusts managed by nonprofit organizations. · Elder Law & Medicaid Planning
Spendthrift Provision
A term of a trust that restrains both voluntary and involuntary transfer of a beneficiary's interest. Prevents creditors from reaching trust assets before distribution, with limited exceptions for child support and certain other claims. (20 Pa.C.S. § 7703; § 7742) · Estate Planning & Administration
Spousal Support
Financial payments from one spouse to another. Pennsylvania recognizes three forms: spousal support (during separation before filing), alimony pendente lite (during divorce proceedings), and alimony (after divorce). · Family Law
Statute of Limitations
The legal deadline for filing a lawsuit. Varies by claim type in Pennsylvania: 2 years for personal injury and wrongful death (42 Pa.C.S. § 5524), 4 years for most contract claims (§ 5525), 6 years for fraud (§ 5527), and other specific periods for other claims. Missing the deadline permanently bars the claim. · Civil Litigation & Business Disputes
Stepped-Up Basis
The adjustment of an inherited asset's tax basis to its fair market value at the date of the decedent's death. This eliminates capital gains tax on any appreciation that occurred during the decedent's lifetime. Applies to most assets included in the decedent's estate and is a major tax benefit of holding appreciated property until death. · Estate Planning & Administration
Summary Judgment
A court ruling that resolves a case (or an issue in a case) without a full trial because there is no genuine dispute of material fact and one party is entitled to judgment as a matter of law. (Pa.R.C.P. 1035.1 to 1035.5) · Civil Litigation & Business Disputes
Surcharge
A legal action in Orphans' Court to hold a fiduciary personally liable for losses caused by breach of fiduciary duty. The petitioner must prove: (1) the fiduciary had a duty, (2) the fiduciary breached it, and (3) the breach caused a loss to the estate or trust. See What Is a Surcharge?. · Orphans' Court & Fiduciary Litigation
T
Tax Sale
A forced sale of real property to satisfy delinquent property taxes, conducted by the county Tax Claim Bureau. In Bucks County, includes upset sales (property sold subject to existing liens and mortgages) and judicial or free-and-clear sales (most liens extinguished). Governed by the Real Estate Tax Sale Law (72 P.S. § 5860.101 et seq.). · Real Estate & Property Law
Tenants by the Entireties
A form of co-ownership available only to married couples. Neither spouse can sell or encumber without the other's consent. Creditor of one spouse cannot attach the property. · Real Estate & Property Law
Testamentary
Relating to or contained in a will. A testamentary trust is created by the terms of a will and takes effect upon the testator's death, as opposed to an inter vivos (living) trust. · Estate Planning & Administration
Testator
A person who has made a valid will. If the testator dies, the will governs the distribution of their probate estate. In Pennsylvania, decedent means either a testator or a person dying intestate. 20 Pa.C.S. § 102. See Last Wills & Testaments in Pennsylvania. · Estate Planning & Administration
Title Insurance
An insurance policy that protects the owner or lender against financial loss from defects in title to real property, including undisclosed liens, recording errors, forgery, and competing claims. In PA, title searches are conducted before closing to identify potential issues. · Real Estate & Property Law
Trade Secret
Confidential business information that derives economic value from not being generally known. Pennsylvania adopted the Uniform Trade Secrets Act (12 Pa.C.S. §§ 5301-5308), providing remedies for misappropriation including injunctions and damages. · Business Law
Trust Protector
A person given specific powers over a trust, such as the authority to modify terms, remove or replace trustees, redirect distributions, or veto certain trustee decisions. Pennsylvania's Uniform Trust Act (20 Pa.C.S. Chapter 77) authorizes directed trusts with trust protectors and trust directors. · Estate Planning & Administration
Trustee
A person or institution that holds and manages property for the benefit of another (the beneficiary). Includes original, additional, successor, and co-trustees. Owes fiduciary duties of care and loyalty. (20 Pa.C.S. § 7703) · Estate Planning & Administration
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UTPCPL
Unfair Trade Practices and Consumer Protection Law (73 P.S. § 201-1 et seq.). PA's consumer protection statute. Provides treble damages and attorney's fees for prevailing consumers. · Civil Litigation & Business Disputes
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Variance
Permission from a zoning board to use property in a way that differs from the local zoning ordinance. Requires showing unnecessary hardship (dimensional variance) or the property cannot be used as zoned (use variance). · Real Estate & Property Law
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Waiver
The voluntary and intentional relinquishment of a known right. Can be express (stated in writing) or implied by conduct. In contract law, a party who waives a provision may be unable to enforce it later. In estate law, a beneficiary may waive the right to receive certain trust notices. (20 Pa.C.S. § 7780.3(j)) · General Legal Terms