Pennsylvania Act 2024-40 — DECEDENTS, ESTATES AND FIDUCIARIES CODE (20 PA.C.S.) - OMNIBUS AMENDMENTS

Act text

Session of 2024

No. 2024-40

HB 1760

AN ACT

Amending Title 20 (Decedents, Estates and Fiduciaries) of the Pennsylvania Consolidated Statutes, in intestate succession, further providing for forfeiture; in wills, further providing for modification by circumstances; in slayers, further providing for definition of terms, providing for elder abuser not to acquire property, further providing for descent, distribution, dower, curtesy, and statutory rights as survivor, for legacies, for tenancies by the entirety, for joint tenants, joint owners and joint obligees, for reversions and vested remainders, for interests dependent on survivorship or continuance of life, for contingent remainders and executory or other future interests, for powers of appointment, for proceeds of insurance, for bona fide payment by insurance company or obligor, for bona fide purchasers, for record of conviction as evidence and for preadjudication rule and providing for intent to transfer notwithstanding elder abuse; and making an editorial change.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1. Section 2106(c) of Title 20 of the Pennsylvania Consolidated Statutes is amended and the section is amended by adding a subsection to read:

§ 2106. Forfeiture.

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(c) Slayer's share.--Any person who participates either as a principal or as an accessory before the fact in the willful and unlawful killing of any person shall not in any way acquire property or receive any benefits as the result of such killing, but such property or benefits shall be distributed as provided in Chapter 88 (relating to slayers and elder abusers ).

(c.1) Elder abuser's share.--Any person who is convicted of offenses constituting elder abuse may not acquire property or receive any benefits upon the death of the victim, but such property or benefits shall be distributed as provided in Chapter 88.

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Section 2. Section 2507(5) of Title 20 is amended and the section is amended by adding a paragraph to read:

§ 2507. Modification by circumstances.

Wills shall be modified upon the occurrence of any of the following circumstances, among others:

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(5) Slaying.--Any person who participates either as a principal or as an accessory before the fact in the willful and unlawful killing of any person shall not in any way acquire property or receive any benefits as the result of the willful and unlawful killing but such property or benefits shall be distributed as provided by Chapter 88 (relating to slayers and elder abusers ).

(6) Elder abuse.--Any person who is convicted of offenses constituting elder abuse may not acquire property or receive any benefits upon the death of the victim, but such property or benefits shall be distributed as provided by Chapter 88.

Section 3. Chapter 88 heading and section 8801 of Title 20 are amended to read:

CHAPTER 88

SLAYERS AND ELDER ABUSERS

[§ 8801. Definition of terms.

As used in this chapter:

"Slayer." Means any person who participates, either as a principal or as an accessory before the fact, in the willful and unlawful killing of any other person.]

§ 8801. Definitions.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Decedent." [Means any] A person whose life is so taken.

"Elder abuse." An offense under 18 Pa.C.S. Chs. 27 (relating to assault), 31 (relating to sexual offenses), 39 (relating to theft and related offenses) and 41 (relating to forgery and fraudulent practices) and criminal attempt, criminal solicitation and criminal conspiracy to commit the offense under 18 Pa.C.S. Ch. 9 (relating to inchoate crimes), when the offense is committed against a person 60 years of age or older.

"Elder abuser." A person convicted of offenses constituting abuse against the victim under this chapter.

"Property." [Includes any real] Real and personal property and any right or interest therein.

"Slayer." A person who participates, either as a principal or as an accessory before the fact, in the willful and unlawful killing of any other person.

"Victim." A person who is 60 years of age or older against whom elder abuse is committed.

Section 4. Title 20 is amended by adding a section to read:

§ 8802.1. Elder abuser not to acquire property.

An elder abuser may not acquire any property or receive any benefit upon the death of the victim, but such property shall pass as provided in this chapter.

Section 5. Sections 8803, 8804, 8805, 8806, 8807, 8808, 8809, 8810, 8811, 8812, 8813, 8814 and 8814.1 of Title 20 are amended to read:

§ 8803. Descent, distribution, dower, curtesy, and statutory rights as survivor.

The slayer or elder abuser shall be deemed to have predeceased the decedent or victim as to property which would have passed from the decedent or victim or his estate to the slayer or elder abuser under the statutes of descent and distribution or have been acquired by dower, by curtesy or by statutory right as surviving spouse.

§ 8804. Legacies.

Property which would have passed to or for the benefit of the slayer or elder abuser by devise or legacy from the decedent or victim shall be distributed as if he had predeceased the decedent or victim .

§ 8805. Tenancies by the entirety.

One-half of any property held by the slayer or elder abuser and the decedent or victim as tenants by the entirety shall pass upon the death of the decedent or victim to his estate, and the other half shall be held by the slayer or elder abuser during his life, subject to pass upon his death to the estate of the decedent or victim .

§ 8806. Joint tenants, joint owners and joint obligees.

(a) Joint ownership by slayer or elder abuser and decedent or victim .--One-half of any property held by the slayer or elder abuser and the decedent or victim as joint tenants, joint owners or joint obligees shall pass upon the death of the decedent or victim to his estate, and the other half shall pass to his estate upon the death of the slayer or elder abuser , unless the slayer or elder abuser obtains a separation or severance of the property or a decree granting partition.

(b) Joint ownership by three or more persons.--As to property held jointly by three or more persons, including the slayer or elder abuser and the decedent or victim , any enrichment which would have accrued to the slayer or elder abuser as a result of the death of the decedent or victim shall pass to the estate of the decedent or victim . If the slayer or elder abuser becomes the final survivor, one-half of the property shall immediately pass to the estate of the decedent or victim and the other half shall pass to his estate upon the death of the slayer or elder abuser , unless the slayer or elder abuser obtains a separation or severance of the property or a decree granting partition.

(c) Enforceable agreements unaffected.--The provisions of this section shall not affect any enforceable agreement between the parties or any trust arising because a greater proportion of the property has been contributed by one party than by the other.

§ 8807. Reversions and vested remainders.

Property in which the slayer or elder abuser holds a reversion or vested remainder and would have obtained the right of present possession upon the death of the decedent or victim shall pass to the estate of the decedent or victim during the period of the life expectancy of the decedent or victim ; if he held the particular estate or if the particular estate is held by a third person it shall remain in his hands for such period.

§ 8808. Interests dependent on survivorship or continuance of life.

Any interest in property, whether vested or not, held by the slayer or elder abuser , subject to be divested, diminished in any way or extinguished, if the decedent or v ictim survives him or lives to a certain age, shall be held by the slayer or elder abuser during his lifetime or until the decedent or victim would have reached such age, but shall then pass as if the decedent or victim had died immediately thereafter.

§ 8809. Contingent remainders and executory or other future interests.

As to any contingent remainder or executory or other future interest held by the slayer or elder abuser , subject to become vested in him or increased in any way for him upon the condition of the death of the decedent or victim :

(1) If the interest would not have become vested or increased if he had predeceased the decedent or victim , he shall be deemed to have so predeceased the decedent or victim .

(2) In any case the interest shall not be vested or increased during the period of the life expectancy of the decedent or victim .

§ 8810. Powers of appointment.

(a) Property appointed by will.--Property appointed by the will of the decedent or victim to or for the benefit of the slayer or elder abuser shall be distributed as if the slayer or elder abuser had predeceased the decedent or victim .

(b) Other property.--Property held either presently or in remainder by the slayer or elder abuser , subject to be divested by the exercise by the decedent or victim of a power of revocation or a general power of appointment shall pass to the estate of the decedent or victim , and property so held by the slayer or elder abuser , subject to be divested by the exercise by the decedent or victim of a power of appointment to a particular person or persons or to a class of persons, shall pass to such person or persons, or in equal shares to the members of such class of persons, exclusive of the slayer or elder abuser .

§ 8811. Proceeds of insurance.

(a) Policies on life of decedent or victim .--Insurance proceeds payable to the slayer or elder abuser as the beneficiary or assignee of any policy or certificate of insurance on the life of the decedent or victim , or as the survivor of a joint life policy, shall be paid to the estate of the decedent or victim , unless the policy or certificate designates some person not claiming through the slayer or elder abuser as alternative beneficiary to him.

(b) Policies on life of slayer or elder abuser .--If the decedent or victim is beneficiary or assignee of any policy or certificate of insurance on the life of the slayer or elder abuser , the proceeds shall be paid to the estate of the decedent or victim upon the death of the slayer or elder abuser , unless the policy names some person other than the slayer or elder abuser or his estate as alternative beneficiary, or unless the slayer or elder abuser by naming a new beneficiary or assigning the policy performs an act which would have deprived the decedent or victim of his interest in the policy if he had been living.

§ 8812. Bona fide payment by insurance company or obligor.

Any insurance company making payment according to the terms of its policy or any bank or other person performing an obligation for the slayer or elder abuser as one of several joint obligees shall not be subject to additional liability by the terms of this chapter, if such payment or performance is made without notice of the killing by a slayer or elder abuse by an elder abuser .

§ 8813. Bona fide purchasers.

The provisions of this chapter shall not affect the rights of any person who, before the interests of the slayer or elder abuser have been adjudicated, purchases from the slayer or elder abuser for value and without notice property which the slayer or elder abuser would have acquired except for the terms of this chapter, but all proceeds received by the slayer or elder abuser from such sale shall be held by him in trust for the persons entitled to the property under the provisions of this title, and the slayer or elder abuser shall also be liable both for any portion of such proceeds which he may have dissipated and for any difference between the actual value of the property and the amount of such proceeds.

§ 8814. Record of conviction as evidence.

The record of his conviction of having participated in the willful and unlawful killing of the decedent or the elder abuse of the victim shall be admissible in evidence against a claimant of property in any civil action arising under this chapter.

§ 8814.1. Preadjudication rule.

(a) [General rule] Escrow required .--

(1) If a person has been charged, whether by indictment, information or otherwise, by the United States, the Commonwealth or any of the several states, with voluntary manslaughter or homicide, except homicide by vehicle, in connection with a decedent's death, then any and all property or benefit that would otherwise pass to that person from the decedent's estate shall be placed and preserved in escrow by the person duly appointed by the register as personal representative. Upon dismissal or withdrawal of the charge, or upon the return of a verdict of not guilty, the property or benefit held in escrow shall pass as if no charge had been filed or made. Upon conviction of the charge, the property or benefit held in escrow shall pass in accordance with the terms and provisions of this chapter.

(2) If a person has been charged, whether by indictment, information or otherwise, by the United States, the Commonwealth or any of the several states, with any of the offenses of elder abuse defined by this chapter or offenses as provided in Federal law and the laws of another state substantially the same, any and all property or benefit that would otherwise pass to that person from the decedent's estate shall be placed and preserved in escrow by the person duly appointed by the register as personal representative. Upon dismissal or withdrawal of the charge, or upon the return of a verdict of not guilty, the property or benefit held in escrow shall pass as if no charge had been filed or made. Upon conviction of the charge, the property or benefit held in escrow shall pass in accordance with the terms and provisions of this chapter.

(b) Exception.--Notwithstanding subsection (a), the duly appointed personal representative shall be authorized upon notice to all interested parties, including, but not limited to, the accused, to petition the orphans' court division of the court of common pleas in the county where the estate lies for payment from the escrowed funds of child support and related expenses and of expenses of estate administration. Disposition of the petition shall lie in the sound discretion of the court.

(c) Notice to register of wills.--Within seven days of charging, whether by indictment, information or otherwise, a person with homicide or manslaughter or elder abuse the district attorney shall, in writing, notify the register of the name of the person charged, the name of the decedent or victim and the charge.

Section 6. Title 20 is amended by adding a section to read:

§ 8816. Intent to transfer notwithstanding elder abuse.

Notwithstanding the provisions of this chapter, an elder abuser may acquire any property or receive any benefits as the result of the death of the victim if it is proven by clear and convincing evidence that either:

(1) the victim knew of the conviction but expressed or ratified intent to transfer the property, benefit or interest to the elder abuser; or

(2) the victim and the elder abuser reconciled following the conviction of elder abuse.

Section 7. This act shall take effect in 180 days.

APPROVED--The 1st day of July, A.D. 2024.

JOSH SHAPIRO