In re Estate of Piet

DISSENTING STATEMENT BY

LALLY-GREEN, J.:

¶ 1 The highly regarded majority relies on In re Estate of Novosielski, 937 A.2d 449 (Pa.Super.2007), to support its conclusion that clear and convincing evidence existed of a “different intent at the time the account” was created because a will predated the creation of a joint account. I respectfully disagree that Novosielski controls the instant case. Further, I am inclined to suggest that the conclusion in Novosielski may be limited to the unusual facts of the case.

¶ 2 In Novosielski, decedent was an elderly woman who was in documented poor mental…