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Tuesday, October 1, 2013

Slayer's Guardian Requests Money from Victim's Estate

Psychia

Joseph C. McAndrew Jr. stands accused of fatally stabbing his parents and twin brother with a sword.  His court-appointed guardian is now requesting money from his dead mother’s $1 million estate in order to pay for his mental health treatment.

Guardian Joseph J. Hylan argues that providing McAndrew “with access to the estate would advance the presumptive intent of his parents,” who paid for their son’s mental health treatment throughout his life.  He maintains $250,000 is needed to pay for treatment and a “cure” from psychiatrists. 

The court-appointed administrator of the mother’s estate, Mary Jane Barrett, opposes Hylan’s request and argues the funds must be held in escrow until McAndrew is found not guilty or the charges dismissed.  

Under Pennsylvania’s Slayer Act, killers cannot receive any benefit as a result of the victim’s death.  If convicted of first-degree murder, prosecutors will seek the death penalty against McAndrew. 

See Carl Hessler Jr., Upper Merion Man Accused of Killing Parents Wants Dead Mom’s Estate to Pay for His Psychiatrist, The Times Herald, Sept. 26, 2013.

http://lawprofessors.typepad.com/trusts_estates_prof/2013/10/slayers-guardian-requests-money-from-victims-estate.html

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