PRINTER'S NO. 4318
No. 2855 Session of 2002
INTRODUCED BY STEIL, SEPTEMBER 25, 2002
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 25, 2002
AN ACT
1 Amending Title 20 (Decedents, Estates and Fiduciaries) of the
2 Pennsylvania Consolidated Statutes, further providing for the
3 share of the surviving spouse.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 2102 of Title 20 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 2102. Share of surviving spouse.
9 The intestate share of a decedent's surviving spouse is:
10 (1) If there is no surviving issue or parent of the
11 decedent, the entire intestate estate.
12 (2) If there is no surviving issue of the decedent but
13 he is survived by a parent or parents, the first $30,000 plus
14 one-half of the balance of the intestate estate.
15 Notwithstanding the foregoing, in the case of a decedent who
16 died as a result of the terrorist attacks of September 11,
17 2001, a surviving spouse shall be entitled to 100% of any
18 compensation award paid pursuant to the Air Transportation
1 Safety and System Stabilization Act (Public Law 107-42, 115
2 Stat. 230).
3 (3) If there are surviving issue of the decedent all of
4 whom are issue of the surviving spouse also, the first
5 $30,000 plus one-half of the balance of the intestate estate.
6 (4) If there are surviving issue of the decedent one or
7 more of whom are not issue of the surviving spouse, one-half
8 of the intestate estate.
9 (5) In case of partial intestacy any property received
10 by the surviving spouse under the will shall satisfy pro
11 tanto the $30,000 allowance under paragraphs (2) and (3).
12 Section 2. This act shall be retroactive to September 11,
13 2001.
14 Section 3. This act shall take effect immediately.
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