Re: Intestacy statute interpretation

Vexing, but I think I have to agree with Kirby. PEF Code Sec. 2103 (5),
which appears to create the rights of children of dec'd first cousin (as
per your analysis, Stephanie), is expressly limited by the terms of Sec
2104 (1). That section, in a rather convoluted way, says that "... No
issue of a child of an uncle or an aunt (i.e. the children of the
deceased first cousin in your example as I understand it) shall be
entitled to any share of the estate unless there be no relatives as
close as a child of an uncle or aunt living and taking a share
therein...( a condition which does not exist here because we have a
surviving cousin and I interperet the term "living" to describe the
child, not the aunt/uncle)... In which case the grandchildren shall be
entitled to share, but no issue of a grandchild of an uncle or aunt
shall be entitled to any share of the estate"(i.e. the family tree, for
intestate distribution purposes ends here and the property escheats to
the commonwealth). Eric

-----Original Message-----
From: realproperty-bounce_at_list.pabar.org
[mailto:realproperty-bounce_at_list.pabar.org] On Behalf Of Kalogredis,
Stephanie
Sent: Thursday, August 31, 2006 10:48 AM
To: Kirby G. Upright; piersonesq_at_comcast.net;
realproperty_at_list.pabar.org
Cc: Dorota Gasienica-Kozak; Patricia Mackes; Kelly Decker
Subject: [realproperty] Re: Intestacy statute interpretation

I respectfully disagree. Since there is a first cousin living (a child
of an aunt or uncle), then the issue of the aunt or uncle (1st cousins
and their children) take per stirpes. Look at the chart of appendix 5
under "Uncles, Aunts and their children" when there are no grandparents
- the estate goes to Uncles and Aunts and children of Deceased Uncles
and Aunts, per stirpes. I believe the children of the deceased first
cousin take 1/4 each with the suriving first cousin getting 1/2.
Stephanie Kalogredis

        -----Original Message-----
        From: Kirby G. Upright [mailto:kupright_at_Kingspry.com]
        Sent: Thu 8/31/2006 9:14 AM
        To: piersonesq_at_comcast.net; realproperty_at_list.pabar.org
        Cc: Dorota Gasienica-Kozak; Patricia Mackes; Kelly Decker
        Subject: [realproperty] Re: Intestacy statute interpretation
        
        

        Interesting. Never gave this a thought, because I never had
the
        question. Looking at the Pa Fiduciary Guide chart (App 5), you
appear
        to be correct.
        
        Kirby G. Upright, Esquire
        King, Spry, Herman, Freund & Faul, LLC
        One West Broad Street, Suite 700
        Bethlehem, PA 18018
        Telephone (610) 332-0390 or (570) 424-8031
        Fax: (610) 332-0314
        
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        -----Original Message-----
        From: realproperty-bounce_at_list.pabar.org
        [mailto:realproperty-bounce_at_list.pabar.org] On Behalf Of
        piersonesq_at_comcast.net
        Sent: Wednesday, August 30, 2006 5:06 PM
        To: realproperty_at_list.pabar.org
        Subject: [realproperty] Intestacy statute interpretation
        
        Decedent, never married, no children, one sibling (deceased),
closest
        living relative is a first cousin (another first cousin
predeceased,
        leaving 2 surviving children) dies w/out a Will. Upon reading
the
        following section of the intestacy statute - it appears that the
        surviving first cousin is the only heir of asubstantial estate.
Any
        thoughts on this would be greatly appreciated (including any
known case
        law).
        
        "...except that no issue of a child of an uncle or aunt of the
decedent
        shall be entitled to any share of the estate - unless there be
no
        relatives as close as a child of an uncle or aunt living and
taking a
        share therein..."
        
        Thanks.
        
        Shawn Pierson
        piersonesq_at_comcast.net
        (717) 560-4966
        
        
        
        
Received on Thu Aug 31 2006 - 09:29:46 PDT