In Re: Janice B. Crawford

In Re: Janice B. Crawford

Civil Action-Decedent’s Estates-Administration-Executor-Failure to Pay Funeral Expenses-Failure to Distribute Property-Petition for Accounting-Preliminary Objections-Jurisdiction of Orphans’ Court-Standing-Legal Sufficiency-Factual Sufficiency

Following the death of Janice B. Crawford (“Decedent”) who had appointed through her Last Will and Testament her husband, Harry R.  Crawford, Jr., as her personal representative and her daughter, Shannon L. Kemp, as her alternate personal representative, Ms. Kemp filed a Petition for Accounting, Payment of Funeral Expenses and Distribution of Personal Effects on the basis that Mr. Crawford failed to make payment for funeral expenses and to distribute the Estate of the Decedent pursuant to her Will.  Mr. Crawford filed Preliminary Objections to the Petition on the basis that the Orphans’ Court lacks subject matter jurisdiction, the Petition is factually and legally insufficient and Ms. Kemp lacks standing to lodge the Petition.   

1.  Pa.R.O.C.P. Rule 3.9 provides that preliminary objects may be filed to any petition by any interested party on the basis of lack of jurisdiction over the subject matter or person, insufficient specificity or legal insufficiency of the pleading or lack of standing or capacity to sue. 

2.  Under fact pleading applicable in Pennsylvania, a pleading must apprise the defendant of the nature and extent of the claim so that the defendant has notice of what the plaintiff intends to prove at trial and may prepare to meet such proof. 

3.  When testing the legal sufficiency of a challenged pleading, all material facts set forth in the pleading and all reasonable inferences reasonably deduced must be admitted as true. 

4.  Title 20 Pa.C.S. § 711 provides that the Orphans’ Court division exercises jurisdiction over the administration and distribution of the real and personal property of decedents’ estates and the control of decedents’ burials. 

5.  A personal representative may be directed by the court to file an account of administration at any time.

6.  A decedent’s estate primarily is liable for payment of funeral expenses.

7.  Where the facts of the pleading assert that a Will subject to the jurisdiction of the Court has not been administered properly by an appointed personal representative, the Court possesses subject matter jurisdiction over the controversy and may direct the appointed personal representative to file an account of administration.

8.  In light of the fact that the pleadings allege that Mr. Crawford admitted acting on behalf of the Estate by promising repayment of funeral expenses to Ms. Kemp, Mr. Crawford asserts that the Estate lacks sufficient assets to repay the funeral expenses while refusing to provide an accounting and Mr. Crawford failed to comply with the directive in the Will that Ms. Kemp receive the Decedent’s effects, the Petition adequately explains the nature of the matter and is factually and legally sufficient.

L.C.C.C.P. No. 2020-32, Opinion by Charles T. Jones, Jr., Judge, January 16, 2024.