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Home→Tags Beneficiary designations

Tag Archives: Beneficiary designations

Testamentary Capacity of Incapacitated Person

A person who has been adjudicated incapacitated is presumed to lack testamentary capacity and the burden is on the proponent of the will to provide clear and convincing evidence of testamentary capacity, or at least a lucid interval. Testimony of … Continue reading →

Posted in Opinions | Tagged Beneficiary designations, Individual retirement account, Testamentary Capacity, Undue influence

SERS Change of Beneficiary Not Effective until Received

A change of beneficiary for death benefits under the State Employees’ Retirement System (SERS) was not effective until received, and so ineffective when the employee died after mailing the change of beneficiary and before it was received by SERS. Estate … Continue reading →

Posted in Opinions | Tagged Beneficiary designations

No Substantial Compliance in Beneficiary Change

Change of beneficiary form that referred to original annuity contract and was submitted to the insurance company after the contract had matured and been converted to a supplemental annuity contract was insufficient to change the beneficiary of the supplemental contract … Continue reading →

Posted in Opinions | Tagged Beneficiary designations, Declaratory Judgment, Substantial compliance

Beneficiary Designation Mailed Before Death

A beneficiary designation that was signed and mailed by the decedent was binding and effective even though the decedent died before the designation form was received by the State Employees’ Retirement System.  Estate of Lynn D. Wilson v. State Employees’ Retirement … Continue reading →

Posted in Opinions | Tagged Beneficiary designations

Discontinuance of Divorce Action after Death

Plaintiff in divorce action may file for discontinuance after death of  spouse and before commencement of trial regardless of whether grounds for divorce have been established, and so have her rights in the estate determined under the Probate, Estates and … Continue reading →

Posted in Opinions | Tagged Beneficiary designations, Divorce

Agent Unable to Undo Beneficiary Designations after Death of Principal

Preliminary objections by Attorney General to petition of agent upheld, the court finding that it did not have the power to undo annuity beneficiary designations made by agent during decedent’s lifetime.  Scutchall Estate, 4 Fid.Rep.3d 311 (O.C. Franklin Co. 2015) … Continue reading →

Posted in Opinions | Tagged Beneficiary designations, Pa.R.C.P. 1028, PEF 5603(p), Power of Attorney

IRA Beneficiary Designation Unchanged by Will

Provisions of will were insufficient to change the beneficiary designation of an individual retirement account (IRA), there being no evidence that the decedent made reasonable efforts to comply with the terms of the account; objections to payments to claimant were … Continue reading →

Posted in Opinions | Tagged Beneficiary designations, Claim against Estate, IRAs

Attorney-Client Privilege and Beneficiary Designations

Any “testamentary exception” to attorney-client privilege under Pennsylvania law does not apply to a subpoena to the decedent’s attorney in a defense to a challenge to life insurance beneficiary designations alleged to be the result of undue influence.  Collautt v. … Continue reading →

Posted in Opinions | Tagged Attorney-client privilege, Beneficiary designations, Undue influence

PSERS Beneficiary and Undue Influence

The Commonwealth Court has considered the standards to be applied by the Public School Employees’ Retirement Board when it is alleged that a Public School Employee’s Retirement System beneficiary designation is the product of undue influence. Snizaski v. Pub. School … Continue reading →

Posted in Opinions | Tagged Beneficiary designations, Undue influence

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