Glass, E. v. Delong, M.

CourtSuperior Court of Pennsylvania
DecidedSeptember 8, 2025
Docket1454 MDA 2024
StatusUnpublished

This text of Glass, E. v. Delong, M. (Glass, E. v. Delong, M.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Glass, E. v. Delong, M., (Pa. Ct. App. 2025).

Opinion

J-A11017-25 J-A11018-25

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

ELIZABETH A. GLASS : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : MICHELE E. DELONG, : ADMINISTRATRIX OF THE ESTATE OF : JEFFREY A. GEORGE, DECEASED : No. 1454 MDA 2024 : Appellant :

Appeal from the Order Entered July 12, 2024 In the Court of Common Pleas of Berks County Orphans' Court at No(s): 0621-2387

ELIZABETH A. GLASS : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : ESTATE OF JEFFREY A. GEORGE : : Appellant : No. 1472 MDA 2024

Appeal from the Order Entered July 15, 2024 In the Court of Common Pleas of Berks County Civil Division at No(s): 22-1085

BEFORE: MURRAY, J., KING, J., and STEVENS, P.J.E.*

MEMORANDUM BY KING, J.: FILED SEPTEMBER 08, 2025

Appellants, Michele E. DeLong (“Ms. DeLong”), Administratrix of the

Estate of Jeffrey A. George (deceased), and the Estate of Jeffrey A. George,

____________________________________________

* Former Justice specially assigned to the Superior Court. J-A11017-25 J-A11018-25

(“Estate”), appeal from the orders entered in the Berks County Court of

Common Pleas Civil Division on July 15, 2024, and the Berks County Orphans’

Court on July 12, 2024,1 entering a verdict in favor of Appellee, Elizabeth A.

Glass. We affirm.

The trial court set forth the relevant facts and procedural history of this

case as follows:

On November 20, 2021, [Jeffrey A. George,] Decedent[,] died intestate at the age of 60, survived by his longtime romantic partner, [Appellee]. His death was unexpected, as he was … relatively young and in very good health, as he was an avid runner and cyclist. Decedent—previously divorced—was unmarried at the time of his death and had no known children or issue. Although unmarried, Decedent and [Appellee] enjoyed a monogamous common domestic life together, commingling assets and other financial obligations. [Appellee] is an adult resident of the Commonwealth of Pennsylvania presently residing in a home she shared with Decedent, located [in] Mertztown, Berks County, Pennsylvania (the “Home”). [Appellee] and Decedent acquired the Home together in 2006 as joint tenants with the right of survivorship. In 2010, they entered into mortgage secured by the Home, issued through RBS Citizens, N.A. (“Citizens”)….

Upon Decedent’s passing, and with the assistance of a longtime friend of Decedent, William Heydt (“Mr. Heydt”), [Appellee] performed an investigation into Decedent’s assets. At the time of his passing, Decedent owned several investment and retirement accounts custodied/managed by ____________________________________________

1 The court set forth its verdict in one order dated July 12, 2024. The order was entered on the Orphans’ Court docket that day but not entered on the Civil Division docket until July 15, 2024. The instant appeal at No. 1454 MDA 2024 arises from the Orphans’ Court docket; the appeal at No. 1472 MDA 2024 arises from the Civil Division docket. As the issues in both appeals are identical, with the same briefs and trial court opinion filed for each appeal, we dispose of the appeals in one disposition.

-2- J-A11017-25 J-A11018-25

various wealth managers. Decedent placed the preponderance of his retirement and investment assets in five accounts custodied by Cetera Investment Services, LLC (“Cetera”), consisting of: (a) an Individual Retirement Account (“IRA”) No. XXXX5393; (b) a Roth IRA No. XXXXXX3290; (c) another Roth IRA No. XXX5446; (d) an individual investment Account No. XXXX5434; and (e) a second individual investment Account No. XXX5447 (collectively, the “Cetera Accounts”). Additionally, Decedent possessed: (a) a Roth IRA custodied by Franklin Templeton Investments (“Franklin Templeton”) No. XXXX7163 (the “Franklin Templeton Account”); and a UGI Savings Plan managed by Fidelity Investments bearing Account No. XXX0155 (“the Fidelity Account”) (together with the Cetera Accounts and the Franklin Templeton Account, the “Retirement Accounts”).

On December 23, 2021, Ms. DeLong initiated probate by Letters of Administration and a Short Certificate appointing her administratrix of the Estate. At or around that time, while investigating Decedent’s retirement assets and investments, [Appellee] and Mr. Heydt learned that Decedent failed to execute designations naming a beneficiary on the Retirement Accounts.2 Because Decedent failed to complete/execute the appropriate designations, the Estate, by and through Ms. DeLong, identified the Retirement Accounts as probate assets of the Estate subject to intestate distribution in accordance with the [Pennsylvania Probate, Estates, and Fiduciaries (“PEF”)] Code. Under this construct, (a) [Appellee] stands to receive nothing from the disputed Retirement Accounts, and (b) Ms. DeLong stands to receive all Decedent’s residuary upon final approval (including all Retirement Accounts less taxes and other estate administration fees/costs).3…

2 When determining how to dispose of a decedent account holder’s retirement proceeds, Cetera offers written forms providing for Transfer on Death (“ToD”) as means of passing assets outside of probate; these designations are equally applicable to both IRA and non-IRA accounts. Franklin Templeton … and Fidelity Investments utilize similar designation forms for purposes of naming a beneficiary and avoiding

-3- J-A11017-25 J-A11018-25

probate.

3 By law of intestacy, Ms. DeLong, as Decedent’s sole

surviving sibling, is the sole beneficiary.

On February 1, 2022, [Appellee] initiated the Civil Matter, claiming Cetera had wrongfully withheld payment of the Cetera Accounts. Understanding that the Estate also claims entitlement to the proceeds of the Cetera Accounts, Cetera filed a Petition for Interpleader seeking to pay the disputed funds into court and to join the Estate as a party. On September 2, 2022, [Appellee], the Estate, and Cetera entered into Stipulation that, among other things: (a) liquidated the disputed Cetera Accounts into a money market account, without distribution pending further order of court as to proper ownership; (b) removed Cetera as a named party to the Civil Matter; and (c) joined the Estate as an interpleaded claimant.

In the absence of a properly completed designation of beneficiary form, Fidelity delivered funds from the UGI Savings Plan, ($480,549.17) to the Estate by check dated February 24, 2022, subject to a Confirmation as Beneficiary and Release from Later Claims[.] Proceeds from the Franklin Templeton Account (the most recent value totaling $99,114.70 as of an Asset Summary Statement for period January 1, 2001 to September 30, 2021) remain undistributed and subject to a determination as to proper ownership.

On November 3, 2023, [Appellee] filed the immediate Petition in the Orphans Matter (as amended December 11, 2023) pursuant to Section 711 of the PEF [Code] seeking title to the Retirement Accounts by either declaration under the [Declaratory Judgment] Act or the imposition of a constructive trust upon the disputed assets for the benefit of [Appellee], together with a declaration that she is entitled to reimbursement of 50% of the amounts paid on the Mortgage from the date of Decedent’s death to the present, and 50% of the ongoing payment obligations to Citizens Bank until such time as the Mortgage is satisfied.

In her Petition, [Appellee] claims title to the disputed

-4- J-A11017-25 J-A11018-25

Retirement Accounts pursuant to an oral agreement between [Appellee] and Decedent whereby each agreed to transfer her/his respective policies of insurance, retirement accounts, and other investment assets to the other upon death (the “Agreement”).

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Bluebook (online)
Glass, E. v. Delong, M., Counsel Stack Legal Research, https://law.counselstack.com/opinion/glass-e-v-delong-m-pasuperct-2025.