Superior Court 7/29/08 - IN RE: ESTATE OF RONALD SLOMSKI a/k/a RONALD J. SLOMSKI, Deceased, JENNIFER SMITH and JACILYN SNYDER v. THE THERMOCLAD.....

IN RE: ESTATE OF RONALD SLOMSKI a/k/a RONALD J. SLOMSKI, Deceased, JENNIFER SMITH and JACILYN SNYDER v. THE THERMOCLAD COMPANY, RITA SLOMSKI, RONALEE CURTIS and RANDALL SLOMSKI APPEAL OF: RITA SLOMSKI, RONALEE CURTIS and RANDALL SLOMSKI IN RE: ESTATE OF RONALD SLOMSKI Deceased, JENNIFER SMITH and JACILYN SNYDER v. THE THERMOCLAD COMPANY, RITA SLOMSKI, RONALEE CURTIS and RANDALL SLOMSKI APPEAL OF: JENNIFER SMITH and JACILYN SNYDER
No. 1330 & 1400 WDA 2007 2008 PA Super 169 Atlantic: n/a Filed: 7/29/2008
Appeal from the Order entered in the Court of Common Pleas of Erie County, Orphans’ Court Division, No(s): 32-2007
Before: BENDER, BOWES and TAMILIA, JJ.
Opinion by: OPINION PER CURIAM
Rita Slomski, Ronalee Curtis and Randall Slomski appeal from the portion of the June 15, 2007, Order denying their motion for judgment on the pleadings relative to the issue of whether appellant Rita Slomski (Slomski) was vested with the authority to give unlimited gifts of bank account proceeds, life insurance proceeds, and personal property under a duly executed power of attorney (POA) granted to her by her son, Ronald Slomski the decedent (1330 WDA 2007).

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Appellants raise the following issues for our consideration at 1330 WDA 2007.
A. Whether an agent under a power of attorney may
engage in banking transactions, tangible
personal property transactions and gift making?
B. Whether an agent under a power of attorney may
change the beneficiary designation on a life
insurance policy owned by the principal?
C. Whether an agent under a power of attorney
may change the beneficiary designations of the
principal’s qualified retirement plan?
D. Did the trial court err in refusing to permit the
agent from presenting testimony relative to the
principal’s intentions concerning gift making?
Appellants’ brief at 5.4

Cross-appellants raise a single issue for our consideration at 1400 WDA 2007.
Whether an agent, acting under a power of attorney
that does not contain the power to make unlimited
gifts who changes the principal’s retirement account
beneficiary designations in order for the agent’s
children to take the retirement account instead of
principal’s stepdaughters designated in writing by
him, has thereby made an unauthorized gift?
Cross-appellants’ brief at 3.