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1995 Daniel B. Evans. All rights reserved.
Pa. O.C. Rule 13. Distribution-Special Situations
___A foreign distributee
or claimant may be represented by counsel who possesses a valid
duly authenticated power of attorney executed by the distributee
or claimant.
[Adopted November 24, 1975, effective January 1, 1976.]
___If it appears
that the decedent may have heirs in a foreign country but their
location, existence or identity is unknown, the fiduciary shall
notify the consulate of the country prior to audit of such facts
as the fiduciary has which led him to the belief that the decedent
may have had heirs in the country in question.
[Adopted November
24, 1975, effective January 1, 1976.]
___Whenever the existence,
identity or whereabouts of a distributee is unknown or it appears
that a distributee may not have the actual benefit, use, enjoyment
or control of the money or other property if awarded to him or
the court is requested to withhold distribution or to make an
award other than to the distributee or his nominee, the fiduciary
or his counsel shall submit to the court or auditor, as the case
may be, a written report outlining the investigation made by him
and the facts relevant thereto. The report shall be in such form
and may be filed at such place and time as shall be prescribed
by general rule or special order of the local Orphans' Court.
[Amended
January 26, 1968, effective February 1, 1968. Renumbered November
24, 1975, effective January 1, 1976.]
[Committee Comment: Repeal
of the Act of July 28, 1953, P.L. 674, and Section 1314 of the
Fiscal Code, enactment of legislation regarding abandoned and
unclaimed property and developments in Federal law regarding distribution
to residents of foreign countries have prompted deletion of some
of the wording in the former Section 13 of the rules. The reference
to the beneficiary's "actual benefit, use, enjoyment or control"
is not limited to distribution to foreign residents and it is
believed that a consideration of these factors will not be in
violation of Federal or State constitutional limitations when
properly applied.]
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The Pennsylvania Estate and Trust Cybrary
Daniel B. Evans, Attorney at Law
P.O. Box 27370
Philadelphia, PA 19118
Telephone: (215) 233-0988
Telecopier: (215) 233-1887
Email: dan@evans-legal.com