No Inheritance to Convicted Elder Abusers? Act 40 of 2024

Estate law alert by Lamb McErlane PC attorneys Stacey W. McConnell, Stephanie P. Kalogredis and Dennis C. Vondran Jr.
On July 1, 2024, Governor Shapiro signed into law Act 40 of 2024 which amends the Pennsylvania Estates and Fiduciaries Code to include forfeiture provisions for individuals convicted of elder abuse. Such an act was unanimously approved by both the Pennsylvania House of Representative (203-0) and the Pennsylvania Senate (49-0) demonstrating wide bipartisan support.
Pennsylvania law has long held that any person who participates in the unlawful killing of a person shall not acquire property or receive any benefits of the victim as a result of such a killing. Act 40 of 2024 expands the scope of the so called the “Slayer Statute” to include persons who are convicted of elder abuse. Further, an “elder” is defined as someone over the age of sixty (60) years old whereas abuse is defined to include assault, sexual offenses, theft, forgery, criminal attempt, criminal solicitation and criminal conspiracy.
The new law has two provisions for Estate administrators to consider. First, a person must be convicted of such an act before the forfeiture provisions take effect. An allegation of elder abuse does not appear sufficient. Second, the law contains an exception which permits an elder abuser to inherit from the victim if the victim knew of the conviction but expressed or ratified an intent to transfer the property or beneficial interest to the elder abuser notwithstanding the conviction or the victim and the elder abuser reconciled following the conviction of elder abuse.
In conclusion, Act 40 of 2024 adds another element for Estate administrators to consider during their administration of Estates. Lamb McErlane, a full service law firm based out of West Chester, is able to assist with all aspects of Estate Administration. If you have any questions or if we may be of further assistance regarding Act 40 of 2024, or other estate matters, please feel free to contact Stacey W. McConnell, Esq., Stephanie P. Kalogredis, Esq. or Dennis C. Vondran Jr., Esq.
*This article is for educational purposes only and is not intended to be legal advice. Should you require legal advice on this topic, an estate matter, or have any questions or concerns, please contact Lamb McErlane attorneys Stacey W. McConnell, Esq., Stephanie P. Kalogredis, Esq. or Dennis C. Vondran Jr., Esq.