In re Estate of Sauers

Full title: In re ESTATE OF Paul J. SAUERS, III Deceased Petition of Jodie L. Sauers

Court: Supreme Court of Pennsylvania

Date published: Sep 11, 2009

981 A.2d 1279 (Pa. 2009)

981 A.2d 1279

Opinion

No. 331 MAL 2009.

September 11, 2009.

Petition for Allowance of Appeal No. 331 MAL 2009 from the en banc Order and Opinion of the Superior Court.

Prior Report: 971 A.2d 1265.

ORDER

PER CURIAM.

AND NOW, this 11th day of September, 2009, the Petition for Allowance of Appeal is hereby GRANTED. The issues, rephrased and combined for clarity, are as follows:

1) Whether, and to what degree, the Employee Retirement Income Security Act of 1974 29 U.S.C.S. §§ 1001- 1461 preempts Section 6111.2 of the Probate, Estates and Fiduciaries Code, 20 Pa.C.S. § 101-3815?

2) Does an estate have the capacity to initiate legal action on behalf of a contingent beneficiary of a life insurance policy?