In re Estate of Piet

949 A.2d 886
CourtSuperior Court of Pennsylvania
DecidedApril 17, 2008
StatusPublished
Cited by2 cases

This text of 949 A.2d 886 (In re Estate of Piet) 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
In re Estate of Piet, 949 A.2d 886 (Pa. Ct. App. 2008).

Opinions

OPINION BY

TAMILIA, J.:

¶ 1 Mary Piet Black appeals from the portion of the December 12, 2006, Order denying her exceptions to the orphans’ court’s conclusions of law and findings of fact. Co-executors Ann L. Ball and Edward J. Piet cross-appeal from that portion of the Order denying their exceptions to the court’s conclusions and findings.

¶2 On May 13, 1978, Edward A. Piet and Amelia J. Piet (decedent), husband [888]*888and wife, executed reciprocal wills. The wills provided that upon the death of the first spouse, the entirety of the deceased spouse’s estate would pass to the surviving spouse in fee simple. Record, No. 1, Last Will and Testament of Amelia J. Piet. Decedent’s will provided, in relevant part, that in the event her husband predeceased her, “all the real and personal property to which [decedent] may be entitled or over which [decedent] may have disposing power at the time of [her] decease” was to pass to her four children — appellant Mary Piet Black, cross-appellant Edward J. Piet, cross-appellant Ann L. Ball, and son Dennis J. Piet1 — “in equal shares ... absolutely” and that cross-appellants Edward and Ann would serve as co-executors. Id.

¶ 3 On June 29, 1986, Edward A. Piet passed away and his entire estate was bequeathed to the decedent. Shortly thereafter, decedent was crippled with various illnesses. The parties assisted her in different ways through the course of these illnesses. Appellant Mary, who had a background as a medical secretary, assisted decedent with her medical needs. N.T., 1/23/06, at 52-53. Cross-appellant Edward, an employee of Conrail railroad, helped decedent administer her deceased husband’s Conrail IRA account. Id. at 55. Cross-appellant Ann, who had worked in banking for several years, conducted decedent’s financial affairs. Id.

¶ 4 During the course of the decedent’s illness, the attorney who drafted the decedent’s 1978 will contacted her by letter dated February 17, 1997. Record, No. 29, Mary Piet Black Pre-Trial Statement, Exb. 5. The purpose of the letter was to determine whether any circumstances had arisen since 1978 which would necessitate changes in the decedent’s estate plan. Id.

¶ 5 On April 13, 2004, decedent passed away after a lengthy struggle with her various afflictions. Cross-appellants filed an inventory of decedent’s estate on December 30, 2004, listing a total of $19,899.37 in assets. On July 26, 2005, appellant filed a petition to show cause as to why the coexecutors should not be removed. Cross-appellants filed a supplemental inventory on August 24, 2005, which listed a total of $98,400.57 in assets. Appellant filed objections to both of these inventories. On September 2, 2005, the co-executors filed a first and final account listing a total of $77,045.56 in liquid assets. On September 14, 2005, the orphans’ court issued an Order denying appellant’s rule to show cause. Appellant filed objections to the final accounting on October 14, 2005.

¶ 6 In her initial set of objections, appellant argued cross-appellants acted improperly by refusing to include the proceeds of ten different joint accounts, which were listed in the inheritance tax return, as part of decedent’s estate. Record, No. 4. The total value of these accounts is $177,239.27, a sum representing the bulk of the decedent’s estate. Id. at Exb. B, Schedule E, F. Eight of the accounts were jointly titled in decedent and cross-appellant Ann’s names — one of these accounts was a National City savings account, one was a National City checking account, and the remainders were National City certificate of deposit accounts (c.o.d.). Record, No. 39, Findings of Fact, Conclusions of Law and Order of Court. The remaining two accounts, a National City investment account with the proceeds of deceased Edward A. Piet’s Conrail stock and a Citizens Bank c.o.d. account, were jointly titled in decedent’s and cross-appellant Edward’s [889]*889names. Id. Appellant also argued the parties had reached an oral settlement agreement and that cross-appellants had promised to divide decedent’s estate, including the joint accounts, equally amongst the surviving heirs. See e.g., Record, No. 39, supra.

¶ 7 On February 18, 2005, cross-appellants answered appellant’s objections. In doing so, cross-appellants asserted decedent created the subject accounts as joint accounts and that this decision was prim a facie evidence of the decedent’s intent to gift the proceeds of these accounts to the respective surviving joint owners pursuant to 20 Pa.C.S.A. § 6304, Right of survivor-ship, (a) Joint account, of the Multiple Party Accounts Act (MPAA),2 which provides, in relevant part, as follows:

(a) JOINT ACCOUNT. — Any sum remaining on deposit at the death of a party to a joint account belongs to the surviving party or parties as against the estate of the decedent unless there is clear and convincing evidence of a different intent at the time the account is created.

Cross-appellants also denied making any assurances as to the distribution of decedent’s estate.

¶ 8 The orphans’ court held hearings in the matter in late January and early March of 2006 and on September 18, 2006, issued its findings of fact and conclusions of law. The court concluded appellant was able to show decedent intended the National City checking and savings accounts to be convenience accounts and, hence, was able to successfully overcome the section 6304(a) survivorship presumption with respect to these accounts. Record, No. 39, supra. The court, however, overruled appellant’s remaining objections and concluded ownership of the National City c.o.d. accounts passed to cross-appellant Ann, while ownership of the National City investment account and Citizens Bank c.o.d. account passed to cross-appellant Edward. Id.

¶ 9 The two sides, however, were dissatisfied with the court’s conclusions and on October 6, 2006, both appellant and cross-appellants filed objections to these conclusions. After considering the parties’ briefs and after entertaining additional oral argument, the court issued the Order subject of this appeal.

¶ 10 Appellant and cross-appellants each filed a timely notice of appeal and the orphans’ court issued corresponding Rule 1925(b) Orders. See generally, Pa.R.A.P. 1925, Opinion in Support of Order. After securing statements of matters complained of on appeal from both appellant and cross-appellants, the orphans’ court issued an Opinion on May 10, 2007.

¶ 11 Appellant raises three issues for our consideration in the appeal docketed at 123 WDA 2007:

A. Whether the lower court erred in excluding from decedent’s estate certain assets as a matter of law where the accounts were set up as convenience accounts and clear and convincing evidence indicated the decedent desired to treat all her children equally.
B. Whether the lower court erred in failing to recognize an oral family settlement agreement which was established by clear and unambiguous evidence.
C. Whether the co-executors abused their fiduciary duty and their deceased mother’s trust when they surreptitiously converted her assets to their own use against their dead mother’s express wishes.

Appellant’s brief at 4.

¶ 12 Cross-appellants raise two issues for our consideration in their cross-appeal:

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Related

Grimm, R. v. Grimm, A.
149 A.3d 77 (Superior Court of Pennsylvania, 2016)
Covalesky v. Covalesky
33 Pa. D. & C.5th 244 (Lackawanna County Court of Common Pleas, 2013)

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Bluebook (online)
949 A.2d 886, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-estate-of-piet-pasuperct-2008.