It is noted here that this issue could become important in the case where a plaintiff or a defendant involved in a civil litigation matter has passed away and an administrator of the estate of the deceased party has to be appointed so that the estate can be substituted as the party defendant for the deceased party.
In this case, the victim died intestate, and a dispute arose in the Orphan’s Court regarding who should be appointed the administrator of the estate of the victim.
The options were the victim’s mother or, as preferred by the mothers of the victim’s two minor children, an estate administration attorney contacted by the plaintiff's attorney in a related personal injury litigation.
The Orphan’s Court appointed the estate administration attorney. The victim’s mother appealed.
On appeal, the Superior Court provided an overview of Pennsylvania law regarding the qualification and selection of estate administrators.
Under 20 Pa. C.S.A. §3155(b) there is listed the different types of persons who could be appointed as an administrator of an estate. Within that statute is a category for “other fit persons” who could be appointed as an administrator to an estate.
In this matter, the victim’s mother asserted that her family relationship with the victim should give her priority of appointment over the estate administration attorney.
In reviewing the law, the Pennsylvania Superior Court ruled that the statute does not give preference or priority over certain persons, such as those who are family and/or have a blood relationship with the decedent, within the “other fit persons” category of individuals eligible to be granted Letter of Administration under the statute.
Anyone wishing to review a copy of this decision may click this LINK.
Source: The Pa. Super. Blog by Jon Bruno of Bruno Litigation, LLC in Pittsburgh, PA.j
The Orphan’s Court appointed the estate administration attorney. The victim’s mother appealed.
On appeal, the Superior Court provided an overview of Pennsylvania law regarding the qualification and selection of estate administrators.
Under 20 Pa. C.S.A. §3155(b) there is listed the different types of persons who could be appointed as an administrator of an estate. Within that statute is a category for “other fit persons” who could be appointed as an administrator to an estate.
In this matter, the victim’s mother asserted that her family relationship with the victim should give her priority of appointment over the estate administration attorney.
In reviewing the law, the Pennsylvania Superior Court ruled that the statute does not give preference or priority over certain persons, such as those who are family and/or have a blood relationship with the decedent, within the “other fit persons” category of individuals eligible to be granted Letter of Administration under the statute.
Anyone wishing to review a copy of this decision may click this LINK.
Source: The Pa. Super. Blog by Jon Bruno of Bruno Litigation, LLC in Pittsburgh, PA.j
Source of image: Photo by Jon Tyson on www.unsplash.com.
