Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Monday, January 29, 2018

Filial Friday on Monday: PA Supreme Court Agrees to Hear Further Appeal of "Reverse" Filial Support Case

image from https://s3.amazonaws.com/feather-client-files-aviary-prod-us-east-1/2018-01-29/9745eca6-ecbe-4a7f-8d36-782008e7c1e6.pngMelmark Inc. v. Schutt involves a Pennsylvania residential facility that houses disabled children and adults and its continuing attempt to hold parents, both over the age of 70 and residents of New Jersey, liable for their autistic son's costs for care. The parents successfully argued at trail and on appeal that New Jersey law, not Pennsylvania law, controlled the issue. New Jersey statutes limit the support obligations of older adults (55+) strictly to spouses or minor children; Pennsylvania statutes do not share a similar limitation. In December, the Pennsylvania Supreme Court granted a further appeal on the facility's behalf. This case presents an interest issue relating to conflicts between the laws of these states. 

See Katherine C. Pearson, Dickinson Law, Penn State, Filial Friday on Monday: PA Supreme Court Agrees to Hear Further Appeal of "Reverse" Filial Support Case, Elder Law Prof Blog, January 15, 2018.

Special thanks to Berry P. Turney for bringing this article to my attention.




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