PRINTER'S NO. 3406

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2636 Session of 1994


        INTRODUCED BY YANDRISEVITS, MARKOSEK, ROONEY, LAUB, PESCI,
           KELLER, MIHALICH, NYCE, CARONE, BATTISTO, KAISER, GODSHALL,
           PETRARCA, DeLUCA, MUNDY, BELFANTI, MELIO, PISTELLA, WILLIAMS,
           TANGRETTI, B. SMITH, L. I. COHEN, VEON, KENNEY, J. TAYLOR,
           STEELMAN AND WASHINGTON, MARCH 23, 1994

        REFERRED TO COMMITTEE ON JUDICIARY, MARCH 23, 1994

                                     AN ACT

     1  Amending Title 20 (Decedents, Estates and Fiduciaries) of the
     2     Pennsylvania Consolidated Statutes, further providing for
     3     shares of other than surviving spouse.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 2103 of Title 20 of the Pennsylvania
     7  Consolidated Statutes is amended to read:
     8  § 2103.  Shares of others than surviving spouse.
     9     The share of the estate, if any, to which the surviving
    10  spouse is not entitled, and the entire estate if there is no
    11  surviving spouse, shall pass in the following order:
    12         (1)  Issue.--To the issue of the decedent.
    13         (2)  Parents.--[If no issue survives the decedent, then
    14     to the parents or parent of the decedent.] If no issue
    15     survives the decedent, then to the parent or parents of the
    16     decedent, except that any parent who has failed to pay court-
    17     ordered child support or who has abandoned the decedent

     1     during the life of the decedent shall be prohibited from
     2     taking an intestate share from the estate of the deceased
     3     child.
     4         (3)  Brothers, sisters, or their issue.--If no parent
     5     survives the decedent, then to the issue of each of the
     6     decedent's parents.
     7         (4)  Grandparents.--If no issue of either of the
     8     decedent's parents but at least one grandparent survives the
     9     decedent, then half to the paternal grandparents or
    10     grandparent, or if both are dead, to the children of each of
    11     them and the children of the deceased children of each of
    12     them, and half to the maternal grandparents or grandparent,
    13     or if both are dead to the children of each of them and the
    14     children of the deceased children of each of them. If both of
    15     the paternal grandparents or both of the maternal
    16     grandparents are dead leaving no child or grandchild to
    17     survive the decedent, the half which would have passed to
    18     them or to their children and grandchildren shall be added to
    19     the half passing to the grandparents or grandparent or to
    20     their children and grandchildren on the other side.
    21         (5)  Uncles, aunts and their children, and
    22     grandchildren.--If no grandparent survives the decedent, then
    23     to the uncles and aunts and the children and grandchildren of
    24     deceased uncles and aunts of the decedent as provided in
    25     section 2104(1) (relating to taking in different degrees).
    26         (6)  Commonwealth.--In default of all persons
    27     hereinbefore described, then to the Commonwealth of
    28     Pennsylvania.
    29     Section 2.  This act shall take effect in 60 days.

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