Pennsylvania House Bill HB1760

Pennsylvania 2023-2024 Regular Session

• Introduced: 10/16/23
• Refer: 10/16/23
• Refer: 10/30/23
• Refer: 12/12/23
• Report Pass: 12/13/23
• Engrossed: 12/13/23
• Refer: 1/5/24
• Refer: 3/20/24
• Report Pass: 6/3/24
• Enrolled: 6/29/24
• Chaptered: 7/1/24
• Passed: 7/1/24

Caption

In intestate succession, further providing for forfeiture; in wills, further providing for modification by circumstances; in slayers, further providing for definition of terms, providing for elder abuser not to acquire property, further providing for descent, distribution, dower, curtesy, and statutory rights as survivor, for legacies, for tenancies by the entirety, for joint tenants, joint owners and joint obligees, for reversions and vested remainders, for interests dependent on survivorship or continuance of life, for contingent remainders and executory or other future interests, for powers of appointment, for proceeds of insurance, for bona fide payment by insurance company or obligor, for bona fide purchasers, for record of conviction as evidence and for preadjudication rule and providing for intent to transfer notwithstanding elder abuse; and making an editorial change.

Impact

The implementation of HB 1760 is anticipated to have significant implications for estate planning and property rights in the context of elder abuse. By specifying that individuals who engage in elder abuse may not benefit from the decedent's estate, the bill bolsters legal safeguards for elderly individuals, addressing concerns of exploitation. Furthermore, the bill's modifications to statutory rights and definitions will likely change how property is distributed among joint owners and clarify expectations surrounding survivorship interests, thereby having a ripple effect on estate management practices throughout the state.

Summary

House Bill 1760 seeks to address several legal aspects of intestate succession and wills. The bill includes provisions for the forfeiture of property in cases of elder abuse, ensuring that individuals deemed to have abused elders do not inherit property or rights as a result of such actions. Additionally, the bill outlines modifications to statutes regarding the descent and distribution of property, affecting how legacies are treated, which is particularly pertinent in cases involving joint tenants and survivorship interests. The overall intention is to reinforce protections for vulnerable populations while clarifying existing legal frameworks.

Sentiment

The sentiment surrounding HB 1760 appears to be largely favorable, especially among advocates for elder rights and legal reformers focused on property law. This bill has garnered support from those who argue it is a necessary step toward improving legal protections for vulnerable populations, particularly seniors at risk of financial exploitation. However, there may be some concerns regarding the implications for families and existing property rights in cases where elder abuse is alleged, as these changes could create disputes during estate distributions.

Contention

Notable points of contention include the potential for disputes over the definition of 'elder abuser' and how these definitions might affect family inheritances. Some opponents may argue that the bill could unintentionally disadvantage individuals who are wrongfully accused of abuse, thus complicating the transfer of property rights. Additionally, clarity around the modifications related to powers of appointment and survivorship interests will be essential in mitigating conflicts that may arise from these new provisions. The intersection of elder law and estate planning thus forms the crux of the debate surrounding HB 1760.