Pennsylvania Legislature Expands Slayer Statute to Include Elder Abuse
In many jurisdictions, the law dictates that people cannot benefit from their crimes. In the realm of the administration of decedent’s estates, this principle takes the form of “slayer statutes” which state that a killer cannot inherit from their victim. Where these statutes traditionally disinherit beneficiaries who kill the testator, some states have expanded their slayer statutes to disqualify beneficiaries from inheriting if they have been involved in the abuse or financial exploitation of the testator, commonly referred to as “elder abuse.”
Elder abuse is broadly defined to include harmful actions committed against an elderly person. Pennsylvania recently amended the Probate, Estates and Fiduciaries (“PEF”) Code to provide that a person convicted of elder abuse may not acquire property or receive any benefits upon the death of the victim. 20 Pa.C.S.A. § 2106. Notably, the amendments also define elder abuse as “an offense under 18 Pa.C.S. Chs. 27 (relating to assault), 31 (relating to sexual offenses), 39 (relating to theft and related offenses), 41 (relating to forgery and fraudulent practices) and criminal attempt, criminal solicitation and criminal conspiracy to commit the offense under 18 P.A.C.S. Ch. 9 (relating to inchoate crimes), when the offense is committed against a person 60 years of age or older.” 20 Pa.C.S.A. § 8801.
The amendments treat a convicted elder abuser beneficiary of an estate the same as a slayer beneficiary of an estate; thus, the beneficiary is deemed to have predeceased the victim in regards to property passing by descent, distribution, dower, curtesy, or statutory survival rights. Other property interests pass the same way they would under the existing slayer statute. The victim’s interest in property held by the victim and abuser as joint tenants or tenants by the entirety will pass to the victim’s estate. The balance will be held by the abuser for life and then pass to the victim’s estate upon the abuser’s death. The statute also sets forth rules for dealing with contingent remainder and other interests.
If there are criminal proceedings against the beneficiary for elder abuse, at the time of the alleged victim’s death, the alleged abuser’s share will be held in escrow until dismissal or withdrawal of the charges against the beneficiary.
The amendments also provide that an elder abuser may still acquire property from the victim if proved, by clear and convincing evidence, that either the victim knew of the elder abuse conviction but expressed or ratified their intent to transfer property to the abuser at their death, or the victim and abuser reconciled after the conviction of elder abuse.
The changes become effective December 28, 2024. These updates align with broader efforts in Pennsylvania to strengthen legal protections for elders, addressing growing concerns about abuse in both domestic and institutional settings.
For more information about these legal changes, refer to the detailed legislative text at https://www.legis.state.pa.us/cfdocs/legis/li/uconsCheck.cfm?yr=2024&sessInd=0&act=40 .