Election by Alleged Common Law Spouse is Time-Barred

An attempted election against a will, made more than six months after probate, is properly dismissed on summary judgment because the claimant must have known whether she and the decedent agreed to be married and so the six month limitation in 20 Pa.C.S. § 2210(b) was not tolled by alleged fraud by the decedent’s children in repeatedly telling her she was merely a “girlfriend.”  In re Est. of Tito, PA Super 245 (11/15/2016).

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