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§ 2106. Forfeiture

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 20 Pa.C.S.A. Decedents, Estates and FiduciariesEffective: December 27, 2010

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 20 Pa.C.S.A. Decedents, Estates and Fiduciaries (Refs & Annos)
Chapter 21. Intestate Succession (Refs & Annos)
Effective: December 27, 2010
20 Pa.C.S.A. § 2106
§ 2106. Forfeiture
(a) Spouse's share.--
(1) A spouse who, for one year or upwards previous to the death of the other spouse, has willfully neglected or refused to perform the duty to support the other spouse, or who for one year or upwards has willfully and maliciously deserted the other spouse, shall have no right or interest under this chapter in the real or personal estate of the other spouse.
(2) A spouse shall have no right or interest under this chapter in the real or personal estate of the other spouse if:
(i) the other spouse dies domiciled in this Commonwealth during the course of divorce proceedings;
(ii) no decree of divorce has been entered pursuant to 23 Pa.C.S. § 3323 (relating to decree of court); and
(iii) grounds have been established as provided in 23 Pa.C.S. § 3323(g).
(b) Parent's share.--Any parent who, for one year or upwards previous to the death of the parent's minor or dependent child, has:
(1) failed to perform the duty to support the minor or dependent child or who, for one year, has deserted the minor or dependent child; or
(2) been convicted of one of the following offenses under Title 18:
section 4303 (relating to concealing death of child);
section 4304 (relating to endangering welfare of children);
section 6312 (relating to sexual abuse of children);
or an equivalent crime under Federal law or the law of another state involving his or her child;
shall have no right or interest under this chapter in the real or personal estate of the minor or dependent child. The determination under paragraph (1) shall be made by the court after considering the quality, nature and extent of the parent's contact with the child and the physical, emotional and financial support provided to the child.
(c) Slayer's share.--Any person who participates either as a principal or as an accessory before the fact in the willful and unlawful killing of any person shall not in any way acquire property or receive any benefits as the result of such killing, but such property or benefits shall be distributed as provided in Chapter 88 (relating to slayers).1
(d) Surviving spouse as witness.--The surviving husband or wife shall be a competent witness as to all matters pertinent to the issue of forfeiture under this section.

Credits

1972, June 30, P.L. 508, No. 164, § 2, eff. July 1, 1972. Amended 1974, Dec. 10, P.L. 867, No. 293, § 5, imd. effective; 1976, July 9, P.L. 551, No. 135, § 5, imd. effective; 1984, March 7, P.L. 103, No. 21, § 1, imd. effective; 2000, Dec. 20, P.L. 838, No. 118, § 1, effective in 60 days; 2010, Oct. 27, P.L. 837, No. 85, § 2, effective in 60 days [Dec. 27, 2010].

Footnotes

20 Pa.C.S.A. § 8801 et seq.
20 Pa.C.S.A. § 2106, PA ST 20 Pa.C.S.A. § 2106
Current through 2022 Regular Session Act 166. Some statute sections may be more current, see credits for details.
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