Pennsylvania § 8814.1 - Preadjudication rule.

§ 8814.1. Preadjudication rule.

(a) Escrow required.--

(1) If a person has been charged, whether by indictment, information or otherwise, by the United States, the Commonwealth or any of the several states, with voluntary manslaughter or homicide, except homicide by vehicle, in connection with a decedent's death, then any and all property or benefit that would otherwise pass to that person from the decedent's estate shall be placed and preserved in escrow by the person duly appointed by the register as personal representative. Upon dismissal or withdrawal of the charge, or upon the return of a verdict of not guilty, the property or benefit held in escrow shall pass as if no charge had been filed or made. Upon conviction of the charge, the property or benefit held in escrow shall pass in accordance with the terms and provisions of this chapter.

(2) If a person has been charged, whether by indictment, information or otherwise, by the United States, the Commonwealth or any of the several states, with any of the offenses of elder abuse defined by this chapter or offenses as provided in Federal law and the laws of another state substantially the same, any and all property or benefit that would otherwise pass to that person from the decedent's estate shall be placed and preserved in escrow by the person duly appointed by the register as personal representative. Upon dismissal or withdrawal of the charge, or upon the return of a verdict of not guilty, the property or benefit held in escrow shall pass as if no charge had been filed or made. Upon conviction of the charge, the property or benefit held in escrow shall pass in accordance with the terms and provisions of this chapter.

(b) Exception.--Notwithstanding subsection (a), the duly appointed personal representative shall be authorized upon notice to all interested parties, including, but not limited to, the accused, to petition the orphans' court division of the court of common pleas in the county where the estate lies for payment from the escrowed funds of child support and related expenses and of expenses of estate administration. Disposition of the petition shall lie in the sound discretion of the court.

(c) Notice to register of wills.--Within seven days of charging, whether by indictment, information or otherwise, a person with homicide or manslaughter or elder abuse the district attorney shall, in writing, notify the register of the name of the person charged, the name of the decedent or victim and the charge.

(Dec. 20, 2000, P.L.838, No.118, eff. 60 days; July 1, 2024, P.L.444, No.40, eff. 180 days)