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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY COSTA, GREENLEAF, TARTAGLIONE, KITCHEN, FONTANA, BROWNE, EARLL, SOLOBAY, TOMLINSON, RAFFERTY, BREWSTER, BOSCOLA AND FERLO, FEBRUARY 14, 2011 |
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| REFERRED TO JUDICIARY, FEBRUARY 14, 2011 |
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| AN ACT |
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1 | Amending Title 20 (Decedents, Estates and Fiduciaries) of the |
2 | Pennsylvania Consolidated Statutes, further providing for |
3 | payments to family and funeral directors. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Section 3101(b) and (c) of Title 20 of the |
7 | Pennsylvania Consolidated Statutes are amended to read: |
8 | § 3101. Payments to family and funeral directors. |
9 | * * * |
10 | (b) Deposit account.--Any bank, savings association, savings |
11 | and loan association, building and loan association, credit |
12 | union or other savings organization, at any time after the death |
13 | of a depositor, member or certificate holder, may pay the amount |
14 | on deposit or represented by the certificate, when the total |
15 | standing to the credit of the decedent in that institution does |
16 | not exceed [$3,500] $10,000, to the spouse, any child, the |
17 | father or mother or any sister or brother (preference being |
18 | given in the order named) of the deceased depositor, member or |
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1 | certificate holder, provided that a receipted funeral bill or an |
2 | affidavit, executed by a licensed funeral director which sets |
3 | forth that satisfactory arrangements for payment of funeral |
4 | services have been made, is presented. Any bank, association, |
5 | union or other savings organization making such a payment shall |
6 | be released to the same extent as if payment had been made to a |
7 | duly appointed personal representative of the decedent and it |
8 | shall not be required to see to the application thereof. Any |
9 | person to whom payment is made shall be answerable therefor to |
10 | anyone prejudiced by an improper distribution. |
11 | (c) Patient's care account.--When the decedent was a |
12 | qualified recipient of medical assistance from the Department of |
13 | Public Welfare, the facility in which he was a patient may make |
14 | payment of funds, if any, remaining in the patient's care |
15 | account, for the decedent's burial expenses to a licensed |
16 | funeral director in an amount not exceeding [$3,500] $10,000 |
17 | whether or not a personal representative has been appointed. |
18 | After the payment of decedent's burial expenses, the facility |
19 | may pay the balance of decedent's patient's care account, as |
20 | long as the payments including the payment for burial expenses |
21 | does not exceed [$4,000] $10,000, to the spouse, any child, the |
22 | father or mother or any sister or brother (preference being |
23 | given in the order named) of the deceased patient. Any facility |
24 | making such a payment shall be released to the same extent as if |
25 | payment had been made to a duly appointed personal |
26 | representative of the decedent and it shall not be required to |
27 | see to the application thereof. Any licensed funeral director or |
28 | other person to whom payment is made shall be answerable |
29 | therefor to anyone prejudiced by an improper distribution. |
30 | * * * |
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1 | Section 2. This act shall take effect in 60 days. |
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