Orphans’ Court had jurisdiction to clarify its own order despite lapse of time, and had jurisdiction over retirement funds which had been liquidated, and so its order enforcing settlement of estate and distribution of retirement funds was affirmed, along with … Continue reading
Civil Division had concomitant jurisdiction with Orphans’ Court over life insurance proceeds that were the subject of a property settlement agreement following the divorce of the decedent and his former spouse, and had the power to impose damages on the … Continue reading
In action against agent, former beneficiary of retirement account had standing to object to change of beneficiary designation by agent. Because the action was against the agent individually, and not the decedent’s estate, the Dead Man’s Rule will not apply. … Continue reading
The execution of a post-nuptial agreement as part of the divorce proceedings was an effective waiver of the right of the surviving spouse to a joint-and-survivor pension annuity, and that waiver can be enforced against the surviving spouse despite failure … Continue reading
The surviving spouse’s attempt to discontinue a divorce action following the death of the decedent was ineffective under new Pa.R.C.P. 1920.17, but grounds for divorce were not established within the meaning of 23 Pa.C.S. § 3323(g) when the decedent’s affidavit … Continue reading
The property that is owned by a decedent at death is administered by the executor or administrator of the decedent’s estate and is always subject to the claims of the decedent’s creditors. The Probate, Estates and Fiduciaries Code (“PEF Code”),...
Decedent began divorce action before death and changed the beneficiaries of a profit sharing plan of his employer without spouse’s consent. ERISA and not 20 Pa.C.S.A. 6111.2 controls, meaning beneficiary designations could not exclude spouse without spouse’s consent in writing. … Continue reading
Despite divorce action, widow allowed deceased husband’s share of his company’s 401(k) profit sharing plan. McGarrity Estate, 2 Fid. Rep. 3d 447 (O.C. Chester 2012) (Opinion by Tunnell, J.) … Continue reading