Pennsylvania Act 2000-118 — PROBATE, ESTATES AND FIDUCIARIES CODE (20 PA.C.S.) - OMNIBUS AMENDMENTS

Act text

PROBATE, ESTATES AND FIDUCIARIES CODE (20 PA.C.S.) - OMNIBUS AMENDMENTS
                 Act of Dec. 20, 2000, P.L. 838, No. 118              Cl. 20
                             Session of 2000
                               No. 2000-118

     HB 2328

                                  AN ACT

     Amending Title 20 (Decedents, Estates and Fiduciaries) of the
        Pennsylvania Consolidated Statutes, further providing for
        forfeiture relating to intestate succession, for granting of
        letters testamentary and letters of administration, for
        qualifications to serve as a personal representative, for
        revocation of letters testamentary and letters of
        administration and for removal of personal representative;
        and providing for a preadjudication rule.

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

        Section 1.  Section 2106(b) of Title 20 of the Pennsylvania
     Consolidated Statutes is amended to read:
      § 2106.  Forfeiture.
        * * *
        (b)  Parent's share.--Any parent who, for one year or upwards
     previous to the death of the parent's minor or dependent child,
     has [willfully neglected or]:
            (1)  failed to perform [any] the duty [of] to support
        [owed to] the minor or dependent child or who, for one year,
        has [willfully] deserted the minor or dependent child; or
            (2)  been convicted of one of the following offenses
        under Title 18:
                section 4303 (relating to concealing death of child);
                section 4304 (relating to endangering welfare of
            children);
                section 6312 (relating to sexual abuse of children);
        or an equivalent crime under Federal law or the law of
        another state involving his or her child;
     shall have no right or interest under this chapter in the real
     or personal estate of the minor or dependent child. The
     determination under paragraph (1) shall be made by the court
     after considering the quality, nature and extent of the parent's
     contact with the child and the physical, emotional and financial
     support provided to the child.
        * * *
        Section 2.  Section 3155 of Title 20 is amended by adding a
     subsection to read:
      § 3155.  Persons entitled.
        * * *
        (d)  Death charges.--Notwithstanding the provisions of
     subsections (a) and (b), the register shall not grant letters
     testamentary or letters of administration to any person 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 unless and until the
     charge is withdrawn, dismissed or a verdict of not guilty is
     returned.
        Section 3.  Section 3156 of Title 20 is amended by adding a
     paragraph to read:
      § 3156.  Persons not qualified.
        No person shall be qualified to serve as a personal
     representative who is:
            * * *
            (5)  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 unless and until the charge is withdrawn, dismissed or
        a verdict of not guilty is returned.
        Section 4.  Section 3181 of Title 20 is amended by adding a
     subsection to read:
      § 3181.  Revocation of letters.
        * * *
        (c)  Death charges.--Whether or not a will has been submitted
     or admitted, the register may revoke letters testamentary or of
     administration when it appears that the person to whom the
     letters were granted has been charged with voluntary
     manslaughter or homicide, except homicide by vehicle, as set
     forth in sections 3155 (relating to persons entitled) and 3156
     (relating to persons not qualified), provided that the
     revocation shall not occur on these grounds if and when the
     charge has been dismissed, withdrawn or terminated by a verdict
     of not guilty.
        Section 5.  Section 3182 of Title 20 is amended by adding a
     paragraph to read:
      § 3182.  Grounds for removal.
        The court shall have exclusive power to remove a personal
     representative when he:
            * * *
            (4.1)  has been charged with voluntary manslaughter or
        homicide, except homicide by vehicle, as set forth in
        sections 3155 (relating to persons entitled) and 3156
        (relating to persons not qualified), provided that the
        removal shall not occur on these grounds if the charge has
        been dismissed, withdrawn or terminated by a verdict of not
        guilty; or
            * * *
        Section 6.  Title 20 is amended by adding a section to read:
      § 8814.1.  Preadjudication rule.
        (a)  General rule.--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.
        (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 the district attorney
     shall, in writing, notify the register of the name of the person
     charged, the name of the decedent and the charge.
        Section 7.  This act shall take effect in 60 days.

     APPROVED--The 20th day of December, A. D. 2000.

     THOMAS J. RIDGE