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Forfeiture of Inheritance

The Orphan’s Court Division of the Court of Common Pleas of Monroe County, Pennsylvania was presented with a Petition for Forfeiture in Jansen Estate, 6 Fiduc. Rep., 3rd, page 375-381 (O.C. Monroe Co. 2016) .

The facts were as follows: The decedent was born on November 6, 1991, and suffered complications at birth which resulted in developmental delays and cerebral palsy. Subsequently, the decedent was declared to be an incapacitated person and the Petitioner (the mother) was appointed as the sole legal Guardian of the person and the estate. As result of complications, the Petitioner instituted a medical malpractice action which resulted in monetary settlement on behalf of the decedent. Petitioner and the father of the child separated soon after the child’s birth, and subsequently the father was incarcerated in 1993 until 1997 during which time, the father provided no care for the child from the time of his incarceration until the death of the child in 2014. The Petitioner and father were the sole heirs.

Title 20 of the Pennsylvania statutes 2106 (B) provides for forfeiture as follows .

(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.

The Court concluded, after reviewing credible testimony and evidence, that the father deserted child, and/or failed to perform the duty to support the child in accordance with the above statute and therefore, the Petition for Forfeiture was granted.

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