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IN RE ESTATE OF SAUERS

No. 78 MAP 2009.

32 A.3d 1241 (2011)

In re ESTATE OF Paul J. SAUERS, III, Deceased. Appeal of Jodie L. Sauers.

Supreme Court of Pennsylvania.

Decided November 23, 2011.

Attorney(s) appearing for the Case

James G. Keenan , Hoffmeyer & Semmelman, L.L.P., York, for Jodie L. Sauers.

David Allan Mills , Blakey, Yost, Bupp & Raush, L.L.P., York, for William F. Sauers, Administrator of the Estate of Paul J. Sauers, III, Deceased.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, JJ.

OPINION

Justice BAER.

In this appeal by allowance, we are called to decide whether, and to what degree, the federal Employee Retirement Income Security Act, 29 U.S.C. §§ 1001 et seq. (ERISA) preempts Section 6111.2 of the Pennsylvania Probate, Estates and Fiduciaries Code, 20 Pa.C.S. § 6111.2.1 We have also agreed to determine what we view as a preliminary question concerning whether an estate possesses...

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