S.B. 115 has been passed by both houses of the Pennsylvania legislature and was signed by the governor on July 17, 2024, becoming Act 65 of 2024, P.L. ___, to be effective in 60 days. The bill amends 20 Pa.C.S. … Continue reading
Tag Archives: Intestacy
The daughter of the decedent was not entitled to an intestate share of the residue of the estate, even though the will contained no residuary clause and the residue would pass by intestate succession, because the will included a gift … Continue reading
A claimant born during the marriage of the decedent and the person’s mother, and “held out” by the decedent as a child of the decedent, was nevertheless not an “issue” entitled to an intestate share of the decedent’s estate when … Continue reading
A will which purported to distribute “my entire probate estate” but refers to only specific parcels or items of property was found to be ambiguous and the court looked to the circumstances of the decedent at the time the will … Continue reading
An award from the 9/11 Victim Compensation Fund was 100% payable to the surviving spouse as part of her intestate share of the estate in accordance with 20 Pa.C.S. § 2102(2) because it was payable under the Air Transportation Safety … Continue reading
An award from the 9/11 Victim Compensation Fund was not payable to the surviving spouse, despite the language of 20 Pa.C.S. § 2102(2), because it was not payable under the act specified in that section, the Air Transportation Safety and … Continue reading
The administrator of an estate cannot require an alleged child of the decedent to take a DNA test, and the child may rely on the other factors in 20 Pa.C.S. § 2107(c) to establish paternity. Ackley, Sr. Estate, 10 Fid.Rep.3d … Continue reading
Trust created by agent under power of attorney was invalid because the agent failed to preserve the principal’s estate plan, the principal having no will and the trust benefiting only three of the principal’s seven children. Capobianco Estate, Power of Attorney, … Continue reading
When a person dies without a will, or dies with a will that does not have a residuary clause or does not dispose of the decedent’s entire estate, then the part of the decedent’s estate not disposed of by a...
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A claim to unclaimed property held by the Pennsylvania Treasury was properly denied when the property was a joint account in the names of the claimant’s mother and half-sister, the mother predeceased the half-sister so that the account became the … Continue reading