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                                                      PRINTER'S NO. 1481

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 1120 Session of 2007


        INTRODUCED BY COSTA, FONTANA, TARTAGLIONE, STOUT, RAFFERTY,
           WASHINGTON, O'PAKE, GREENLEAF, KITCHEN, TOMLINSON, FERLO,
           BOSCOLA, McILHINNEY AND BROWNE, OCTOBER 22, 2007

        REFERRED TO JUDICIARY, OCTOBER 22, 2007

                                     AN ACT

     1  Amending Title 20 (Decedents, Estates and Fiduciaries) of the
     2     Pennsylvania Consolidated Statutes, further providing for
     3     payments to family and funeral directors.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 3101(b) and (c) of Title 20 of the
     7  Pennsylvania Consolidated Statutes are amended to read:
     8  § 3101.  Payments to family and funeral directors.
     9     * * *
    10     (b)  Deposit account.--Any bank, savings association, savings
    11  and loan association, building and loan association, credit
    12  union or other savings organization, at any time after the death
    13  of a depositor, member or certificate holder, may pay the amount
    14  on deposit or represented by the certificate, when the total
    15  standing to the credit of the decedent in that institution does
    16  not exceed [$3,500] $10,000, to the spouse, any child, the
    17  father or mother or any sister or brother (preference being
    18  given in the order named) of the deceased depositor, member or

     1  certificate holder, provided that a receipted funeral bill or an
     2  affidavit, executed by a licensed funeral director which sets
     3  forth that satisfactory arrangements for payment of funeral
     4  services have been made, is presented. Any bank, association,
     5  union or other savings organization making such a payment shall
     6  be released to the same extent as if payment had been made to a
     7  duly appointed personal representative of the decedent and it
     8  shall not be required to see to the application thereof. Any
     9  person to whom payment is made shall be answerable therefor to
    10  anyone prejudiced by an improper distribution.
    11     (c)  Patient's care account.--When the decedent was a
    12  qualified recipient of medical assistance from the Department of
    13  Public Welfare, the facility in which he was a patient may make
    14  payment of funds, if any, remaining in the patient's care
    15  account, for the decedent's burial expenses to a licensed
    16  funeral director in an amount not exceeding [$3,500] $10,000
    17  whether or not a personal representative has been appointed.
    18  After the payment of decedent's burial expenses, the facility
    19  may pay the balance of decedent's patient's care account, as
    20  long as the payments including the payment for burial expenses
    21  does not exceed [$4,000] $10,000, to the spouse, any child, the
    22  father or mother or any sister or brother (preference being
    23  given in the order named) of the deceased patient. Any facility
    24  making such a payment shall be released to the same extent as if
    25  payment had been made to a duly appointed personal
    26  representative of the decedent and it shall not be required to
    27  see to the application thereof. Any licensed funeral director or
    28  other person to whom payment is made shall be answerable
    29  therefor to anyone prejudiced by an improper distribution.
    30     * * *
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     1     Section 2.  This act shall take effect in 60 days.




















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