In re Weidner

895 A.2d 11, 2006 Pa. Super. 24, 2006 Pa. Super. LEXIS 63
CourtSuperior Court of Pennsylvania
DecidedFebruary 8, 2006
StatusPublished
Cited by4 cases

This text of 895 A.2d 11 (In re Weidner) 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 Weidner, 895 A.2d 11, 2006 Pa. Super. 24, 2006 Pa. Super. LEXIS 63 (Pa. Ct. App. 2006).

Opinion

OPINION BY ORIE MELVIN, J.:

¶ 1 In this declaratory judgment action, Appellant, Walter J. Weidner, appeals from the order entering judgment on the pleadings in favor of Appellees, Susan L. Rhodes, Carol A. Doersom, Donald E. Ross, Jane Kabai, and Elizabeth Tickner, who are the adult children and stepchildren of the decedent, Marjorie H. Weid-ner. On appeal, Appellant challenges whether Ms. Rhodes, as the decedent’s attorney-in-fact, had the authority to change the beneficiary designation of the decedent’s life insurance policy. We reverse.

¶ 2 The facts and procedural history may be summarized as follows. On April 21, 1994, Appellant and the decedent were married. Because this was a second marriage for both, the parties entered into a pre-nuptial agreement. The agreement recognized that they each had children from a previous marriage and expressed their desire to maintain their separate property for the benefit of their children. Declaratory Judgment Petition, at Exhibit A. Paragraph 3 of the agreement also stated in part:

3. The parties agree that all property presently owned by either of them or acquired by either of them hereafter of whatsoever nature and wheresoever located and all income derived therefrom and all increases in the value thereof, shall be and remain their respective separate property. The parties agree that at no time during their relationship shall there be any transmutation of any of their separate property interests into jointly owned property, except by an express written agreement; provided, however, that the parties agree that they shall have the right to open joint cheeking/savings bank accounts and to name each other as beneficiaries on their life insurance policies (but not annuities) without otherwise affecting the validity of the Agreement;...

Id. at ¶ 3.

¶ 3 On July 15, 1994, the decedent purchased a life insurance policy with Metro[13]*13politan Life Insurance Company (MetLife) with a face amount of $108,000. The decedent designated Appellant as the beneficiary. The life insurance policy was purchased by the conversion of an annuity policy owned by decedent prior to her marriage.

¶ 4 Prior to her marriage to Appellant, the decedent executed a durable general power of attorney which named Ms. Rhodes and Ms. Doersom as her attorneys-in-fact. On June 21, 1999, Ms. Rhodes contacted MetLife and instructed them to change the named beneficiary of the life insurance policy from Appellant to herself and her siblings. MetLife inquired into the beneficiary change by letter dated November 16, 1999. Ms. Rhodes responded through her attorney by letter dated March 16, 2000 explaining the decedent’s incapacity1 and the legal basis for the change under the power of attorney and requesting that change be made immediately. The decedent was never notified of the beneficiary change.

¶ 5 On September 16, 2003, the decedent died. When Appellant attempted to redeem the life insurance policy, MetLife informed him for the first time about the change in beneficiary effective June 21, 1999. On January 8, 2004, Appellant filed the instant declaratory judgment action. Appellant asserted three grounds for relief. In Count I, he alleged the power of attorney was legally insufficient to allow Ms. Rhodes to engage in insurance contracts on behalf of decedent because it did not include general language granting such power or the specific language set forth in 20 Pa.C.S.A. § 5602(a). In Count II, he alleged that the change of beneficiary was tantamount to a gift by Ms. Rhodes to herself and the other Appellees and that such a transaction was null and void in the absence of specific language authorizing her to make gifts on behalf of the decedent. Finally, in Count III, Appellant alleged that Ms. Rhodes breached her fiduciary duty to the decedent by changing the beneficiary solely to benefit herself and the other Appellees. On April 6, 2004, Appellees filed an Answer and New Matter to which Appellant replied on April 16, 2004. On November 1, 2004, Appellees filed a motion for judgment on the pleadings. Following Appellant’s Answer and the filing of supporting briefs, by order entered May 11, 2005, the trial court granted the motion and ordered MetLife to disburse the policy proceeds to Appel-lees. This appeal followed.

¶ 6 Appellant presents three questions for our review:

1. Does 20 Pa.C.S. § 5602, In re Estate of Reifsn[ei]der, 531 Pa. 19, 610 A.2d 958 (1992), and the language of the instrument, authorize the attorney-in-fact to make the beneficiary change in the life insurance policy, where the instrument authorizes several specific powers and then incorporates all powers listed in the Code, rather than using some language showing intent to authorize the specific type of transaction at issue?
2. Should the trial court have considered only whether the power of attorney authorized the attorney-in-fact to change beneficiaries under insurance policies, and declined to consider the principal’s expressed intent regarding the particular beneficiary designation under the life insurance policy at issue, or whether a breach of fiduciary duty by the attorney-in-fact would void the change of beneficiary by the attorney-in-fact, even if the [14]*14power of attorney authorized the type of transaction generally?
3. Do the pleadings establish that the principal intended to authorize the attorney-in-fact to change the principal’s named beneficiary during the principal’s lifetime without any notice of the principal?

Appellant’s brief, at 4.2

¶ 7 When reviewing the decision of the trial court in a declaratory judgment action we are limited to determining whether the trial court’s findings are supported by substantial evidence, whether an error of law was committed or whether the trial court abused its discretion. Theodore C. Wills Company, Inc. v. School District of Boyertown, 837 A.2d 1186, 1188 (Pa.Super.2003).

¶ 8 “In reviewing a trial court’s decision to grant judgment on the pleadings, the scope of review of the appellate court is plenary; the reviewing court must determine if the action of the trial court was based on a clear error of law.” Com. ex rel. Anderson v. Fidelity & Deposit Co. of Maryland, 811 A.2d 1040, 1041 (Pa.Super.2002), appeal denied, 577 Pa. 694, 845 A.2d 816 (2004). “A motion for judgment on the pleadings should be granted only where the pleadings demonstrate that no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.” Swartz v. Swartz, 456 Pa.Super. 16, 689 A.2d 302, 303 (1997). An appellate court must accept as true all well-pleaded statements of facts, admissions, and any documents properly attached to the pleadings presented by the party against whom the motion is filed, considering only those facts which have been specifically admitted. Shirley by Shirley v. Javan, 454 Pa.Super. 131, 684 A.2d 1088, 1089 (1996), appeal dismissed, 551 Pa. 587, 712 A.2d 281 (1998).

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Related

In Re Weidner
938 A.2d 354 (Supreme Court of Pennsylvania, 2007)
Harris v. Diocese of Scranton
79 Pa. D. & C.4th 464 (Lackawanna County Court of Common Pleas, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
895 A.2d 11, 2006 Pa. Super. 24, 2006 Pa. Super. LEXIS 63, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-weidner-pasuperct-2006.