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A03604
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
203
Session of
2017
INTRODUCED BY LONGIETTI, GODSHALL, SAINATO, CALTAGIRONE,
NEILSON, BIZZARRO, ROZZI, MURT, DRISCOLL, JAMES, CARROLL,
ZIMMERMAN, PHILLIPS-HILL, PICKETT, GERGELY, V. BROWN,
PETRARCA, BULLOCK, McNEILL, GABLER, THOMAS AND SOLOMON,
JANUARY 25, 2017
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 25, 2017
AN ACT
Amending Title 20 (Decedents, Estates and Fiduciaries) of the
Pennsylvania Consolidated Statutes, in dispositions
independent of letters, family exemption, probate of wills
and grant of letters, further providing for payments to
family and funeral directors.; and, in powers of appointment,
further providing for exercise of powers of appointment.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3101(a) of Title 20 of the Pennsylvania
Consolidated Statutes is amended to read:
Section 1. Sections 3101(a) and 7602(e)(2) of Title 20 of
the Pennsylvania Consolidated Statutes are amended to read:
§ 3101. Payments to family and funeral directors.
(a) Wages, salary or employee benefits.--Any employer of a
person dying domiciled in this Commonwealth at any time after
the death of the employee, whether or not a personal
representative has been appointed, may pay wages, salary or any
employee benefits due the deceased in an amount not exceeding
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[$5,000] $10,000 to the spouse, any child, the father or mother,
or any sister or brother (preference being given in the order
named) of the deceased employee. Any employer making such a
payment shall be released to the same extent as if payment had
been made to a duly appointed personal representative of the
decedent and he shall not be required to see to the application
thereof. Any person to whom payment is made shall be answerable
therefor to anyone prejudiced by an improper distribution.
* * *
Section 2. This act shall take effect in 60 days.
§ 7602. Exercise of powers of appointment.
* * *
(e) Testamentary powers.--
* * *
(2) A grant of a testamentary power to appoint to the
donee's creditors shall be construed as a power to appoint to
the creditors of the donee's estate. In the absence of a
specific contrary intent appearing in the instrument, the
grant of a testamentary power that denies the right to
appoint to the donee's creditors shall be construed as also
denying the power to appoint to the creditors of the donee's
estate.
* * *
Section 2. The amendment of section 7602(e)(2) shall apply
to all powers of appointment created before, on or after the
effective date of this section.
Section 3. This act shall take effects as follows:
(1) The amendment of section 3101(a) shall take effect
in 60 days.
(2) The remainder of this act shall take effect
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immediately.
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