Petition to Enforce the Rights of an Electing Spouse in Accordance with 20 Pa. C.S.A.§2211(c)

Current through March 1, 2017

[SEE CAPTION AT 1.3.1 ]

PRELIMINARY DECREE

Now, ____________________, 20 ____, upon consideration of the annexed Petition, it is hereby ORDERED and DECREED that a Citation is awarded, directed to Sarah James to show cause why she should not be required to pay the sum of $10,000 to Jane R. Dunn.

The Citation is returnable the _____ day of ____________________, 20 _____, in Room _____, City Hall, Philadelphia, Pennsylvania, at _____ _____.m.

____________________

[Decree on following page]

[SEE CAPTION AT 1.3.1 ]

DECREE

Now, ____________________, 20 ____, upon consideration of the annexed Petition, it is hereby ORDERED and DECREED that Sarah James shall pay the sum of $10,000 to Jane R. Dunn.

____________________

[Petition on following page]

[SEE CAPTION AT 1.3.2 ]

PETITION

The Petition of Jane R. Dunn respectfully states that:

1. Joseph B. Dunn died on July 7, 2001, having resided at 261 Horse Hair Road, Philadelphia, PA 19199.

2. Petitioner resides at 261 Horse Hair Road, Philadelphia, PA 19199, where she resided at the time of Decedent's death.

3. Petitioner is the surviving spouse of Decedent and married to Decedent on June 26, 1976, at St. Mary's Church, Philadelphia, PA 19199, before Rev. Manus McKenzie.

4. Decedent left a Will dated March 30, 1999, and Letters Testamentary thereon were granted on July 16, 2001, to Harry Doe of 999 West Avenue, Philadelphia, PA 19199, by the Register of Wills of Philadelphia County.

5. The approximate value of all assets that may be subject to the spouse's election is $350,000.

6. An election to take an elective share was filed with the Clerk on August 1, 2001,and copy of said election was transmitted to the Executor by letter dated August 1, 2001.

7. Respondent is Sarah James of 714 East Street, Philadelphia, PA 19199, a sister of the Decedent.

8. On May 10, 2001, Decedent made a gift to Sarah James of $33,000, which was paid by Decedent's personal check.

9. Respondent is obliged to pay to Petitioner the sum of $10,000 to satisfy her elective share against the above gift pursuant to 20 Pa. C.S.A. § 2203(a)(6).

Wherefore, Petitioner requests that a Citation be awarded directed to the Respondent, Sarah James, to show cause why she should not be required to pay the sum of $10,000 to Jane R. Dunn.

____________________

Jane R. Dunn

[SEE AFFIDAVIT AT 1.4.1 OR VERIFICATION AT 1.4.3 ]

Refer to Philadelphia Rule 12.3.A for exhibits to be annexed to the petition and service requirements. The service requirements will vary depending on whether the issuance of a citation is required. Where a citation is not required, there is no need for a preliminary decree. Petitions relating to the safeguard and enforcement of an electing spouse's rights are governed by 20 Pa. C.S.A. § 2211. The statutory provisions should be thoroughly reviewed before proceeding. Special attention should be given to §2211(e) & (f), which render protection to fiduciaries and transferees for value against the claim of an electing spouse. In many cases, immediate action will be required by the electing spouse to restrain transfers of property that may be subject to the election; see Philadelphia Rule 12.3.B and 5.6.