Late Spousal Election Allowed Due to COVID-19 Pandemic

A late spousal election under 20 Pa.C.S. § 2210 by the guardian of an incapacitated spouse will be allowed when the COVID-19 pandemic struck between the date of death and the six month filing deadline, the estate was not harmed by the delay, all parties were aware that the guardian intended to make the election, and inequities and gross injustice would otherwise result. Garbutt Estate, 1 Fid.Rep.4th 29 (Chester O.C. 2022), aff’d In re: Estate of Terri Garbutt616 EDA 2022 (Pa. Super. 2/27/2023) (non-precedential). (The Superior Court opinion was previously reported.)

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