Concurrent Jurisdiction over Wrongful Death Proceeds

Both the Orphans’ Court of the county where letters of administration were issued and the Civil Division of the county in which the administrator brought a wrongful death and survivor action have jurisdiction over issues relating to the distribution of the judgment proceeds and standing.  When post-trial motions question the standing of the plaintiff as an heir, which would invalidate the wrongful death verdict, judicial efficiency requires that the trial court determine the issue of standing before the Orphans’ Court addresses any distribution issues.  Brittain v. Hope Enterprises Foundation Inc., 163 A.3d 1029, 2017 PA Super 148 (5/17/2017).

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