§ 2106. Forfeiture.
(a) Spouse's share.--
(1) A spouse who, for one year or upwards previous to the death of the other spouse, has
willfully neglected or refused to perform the duty to support the other spouse, or
who for one year or upwards has willfully and maliciously deserted the other spouse,
shall have no right or interest under this chapter in the real or personal estate
of the other spouse.
(2) A spouse shall have no right or interest under this chapter in the real or personal
estate of the other spouse if:
(i) the other spouse dies domiciled in this Commonwealth during the course of divorce
proceedings;
(ii) no decree of divorce has been entered pursuant to 23 Pa.C.S. § 3323 (relating to decree
of court); and
(iii) grounds have been established as provided in 23 Pa.C.S. § 3323(g).
(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.
(c) Slayer's share.--Any person who participates either as a principal or as an accessory before the fact
in the willful and unlawful killing of any person shall not in any way acquire property
or receive any benefits as the result of such killing, but such property or benefits
shall be distributed as provided in Chapter 88 (relating to slayers and elder abusers).
(c.1) Elder abuser's share.--Any person who is convicted of offenses constituting elder abuse may not acquire property
or receive any benefits upon the death of the victim, but such property or benefits
shall be distributed as provided in Chapter 88.
(d) Surviving spouse as witness.--The surviving husband or wife shall be a competent witness as to all matters pertinent
to the issue of forfeiture under this section.
(Dec. 10, 1974, P.L.867, No.293, eff. imd.; July 9, 1976, P.L.551, No.135, eff. imd.;
Mar. 7, 1984, P.L.103, No.21, eff. imd.; Dec. 20, 2000, P.L.838, No.118, eff. 60 days;
Oct. 27, 2010, P.L.837, No.85, eff. 60 days; July 1, 2024, P.L.444, No.40, eff. 180
days)
2024 Amendment. Act 40 amended subsec. (c) and added subsec. (c.1).
Cross References. Section 2106 is referred to in section 2208 of this title.
Notes of Decisions
Cited in
20
cases (
1 in the last 5 years), 1981–2024 · leading case:
Est. of Fuller, 87 A.3d 330 (Pa. Super. Ct. 2014).
Est. of Fuller, 87 A.3d 330 (Pa. Super. Ct. 2014).
· cites it 7× “Appellant claims that the Orphans’ Court erred in its application of 20 Pa.C.S. § 2106(b) when it concluded that Appellee, Paul S.”
Drumheller v. Marcello, 532 A.2d 807 (Pa. 1987).
· cites it 4× “§ 2208 (surviving spouse who would not be entitled to a share of an intestate decedent's estate under 20 Pa.C.S. § 2106 has no right of election).”
Morris v. Pennsylvania Treasury Dep't Bureau of Unclaimed Prop., 152 A.3d 1083 (Pa. Commw. Ct. 2016).
“20 Pa. C.S. § 2106(b). Claimant, however, has not shown that any determination has been made by any court that Brenda Coleman, an adult, remained a dependent child until her death, that Calvin Coleman failed to support her or deserted her, or that Calvin Coleman forfeited his…”
In Re the Est. of Cochran, 738 A.2d 1029 (Pa. Super. Ct. 1999).
“20 Pa.C.S. § 2106(a). ¶ 8 Our Supreme Court has previously applied this section under circumstances where, as here, the spouses were physically separated.”
Est. of Fulton, 619 A.2d 280 (Pa. Super. Ct. 1992).
· cites it 2× “The statutory forfeiture provision here applicable, Pennsylvania Probate Estates and Fiduciaries Code, 20 Pa.C.S. § 2106, 1972, June 30, P.L. 508, No.”
Com. v. Corbin, J., 317 A.3d 648 (Pa. Super. Ct. 2024).
· cites it 2× “20 Pa.C.S. § 2106(c). In re Est. of McAndrew, 131 A.”
In Re Est. of Kostick, 526 A.2d 746 (Pa. 1987).
“135, § 5, immediately effective, 20 Pa.C.S. § 2106(a). 2 . Appellant testified that after the birth of their fifth child, decedent began to openly flaunt relationships with other women and regularly returned home from the bar and restaurant he owned drunk and bellicose.”
Johnson, J. v. Neshaminy Shore Picnic Park, 217 A.3d 320 (Pa. Super. Ct. 2019).
“Whether the trial court misapplied the relevant law regarding forfeiture pursuant to 20 Pa.C.S. § 2106(b) by 1) finding that willfulness need not be considered; 2) basing its decision on facts beyond the one year -2- J-S30017-19 prior to death; 3) finding forfeiture when there…”
Est. of Susan C. McAndrew Appeal of: McAndrew, J, 131 A.3d 988 (Pa. Super. Ct. 2016).
“— Any person who participates either as a principal or as an accessory before the fact in the wilful [sic] and unlawful killing of any person shall not in any way acquire property or receive any benefits as the result of such killing, but such property or benefits shall be…”
The Est. of Small, L., Appeal of: Small, J. (Pa. Super. Ct. 2019).
· cites it 5× “Small (Mother), appeals from the decree entered February 28, 2018, in the Court of Common Pleas of Philadelphia County, that denied her “Petition for Forfeiture of the Estate Pursuant to 20 Pa.C.S. § 2106” following an evidentiary hearing.”
Johnson, J. v. Neshaminy Shore Picnic Park, 2019 Pa. Super. 252 (Pa. Super. Ct. 2019).
“Whether the trial court misapplied the relevant law regarding forfeiture pursuant to 20 Pa.C.S. § 2106(b) by 1) finding that willfulness need not be considered; 2) basing its decision on facts beyond the one year -2- J-S30017-19 prior to death; 3) finding forfeiture when there…”
— 20 Pa. Cons. Stat. § 2106(a) — 8 cases
Drumheller v. Marcello, 532 A.2d 807 (Pa. 1987).
“§ 2208 (surviving spouse who would not be entitled to a share of an intestate decedent's estate under 20 Pa.C.S. § 2106 has no right of election).”
In Re the Est. of Cochran, 738 A.2d 1029 (Pa. Super. Ct. 1999).
“20 Pa.C.S. § 2106(a). ¶ 8 Our Supreme Court has previously applied this section under circumstances where, as here, the spouses were physically separated.”
In Re Est. of Kostick, 526 A.2d 746 (Pa. 1987).
“135, § 5, immediately effective, 20 Pa.C.S. § 2106(a). 2 . Appellant testified that after the birth of their fifth child, decedent began to openly flaunt relationships with other women and regularly returned home from the bar and restaurant he owned drunk and bellicose.”
Est. of Fulton, 619 A.2d 280 (Pa. Super. Ct. 1992).
“The statutory forfeiture provision here applicable, Pennsylvania Probate Estates and Fiduciaries Code, 20 Pa.C.S. § 2106, 1972, June 30, P.L. 508, No.”
— 20 Pa. Cons. Stat. § 2106(a)(1) — 1 case
— 20 Pa. Cons. Stat. § 2106(b) — 7 cases
Est. of Fuller, 87 A.3d 330 (Pa. Super. Ct. 2014).
“Appellant claims that the Orphans’ Court erred in its application of 20 Pa.C.S. § 2106(b) when it concluded that Appellee, Paul S.”
Morris v. Pennsylvania Treasury Dep't Bureau of Unclaimed Prop., 152 A.3d 1083 (Pa. Commw. Ct. 2016).
“20 Pa. C.S. § 2106(b). Claimant, however, has not shown that any determination has been made by any court that Brenda Coleman, an adult, remained a dependent child until her death, that Calvin Coleman failed to support her or deserted her, or that Calvin Coleman forfeited his…”
Johnson, J. v. Neshaminy Shore Picnic Park, 217 A.3d 320 (Pa. Super. Ct. 2019).
“Whether the trial court misapplied the relevant law regarding forfeiture pursuant to 20 Pa.C.S. § 2106(b) by 1) finding that willfulness need not be considered; 2) basing its decision on facts beyond the one year -2- J-S30017-19 prior to death; 3) finding forfeiture when there…”
Johnson, J. v. Neshaminy Shore Picnic Park, 2019 Pa. Super. 252 (Pa. Super. Ct. 2019).
“Whether the trial court misapplied the relevant law regarding forfeiture pursuant to 20 Pa.C.S. § 2106(b) by 1) finding that willfulness need not be considered; 2) basing its decision on facts beyond the one year -2- J-S30017-19 prior to death; 3) finding forfeiture when there…”
The Est. of Small, L., Appeal of: Small, J. (Pa. Super. Ct. 2019).
“Small (Mother), appeals from the decree entered February 28, 2018, in the Court of Common Pleas of Philadelphia County, that denied her “Petition for Forfeiture of the Estate Pursuant to 20 Pa.C.S. § 2106” following an evidentiary hearing.”
— 20 Pa. Cons. Stat. § 2106(b)(1) — 1 case
The Est. of Small, L., Appeal of: Small, J. (Pa. Super. Ct. 2019).
“Small (Mother), appeals from the decree entered February 28, 2018, in the Court of Common Pleas of Philadelphia County, that denied her “Petition for Forfeiture of the Estate Pursuant to 20 Pa.C.S. § 2106” following an evidentiary hearing.”
— 20 Pa. Cons. Stat. § 2106(b)(l) — 1 case
— 20 Pa. Cons. Stat. § 2106(c) — 3 cases
Com. v. Corbin, J., 317 A.3d 648 (Pa. Super. Ct. 2024).
“20 Pa.C.S. § 2106(c). In re Est. of McAndrew, 131 A.”
Est. of Susan C. McAndrew Appeal of: McAndrew, J, 131 A.3d 988 (Pa. Super. Ct. 2016).
“— Any person who participates either as a principal or as an accessory before the fact in the wilful [sic] and unlawful killing of any person shall not in any way acquire property or receive any benefits as the result of such killing, but such property or benefits shall be…”
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