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Keywords

trialwrit of execution

trialplea

Related Cases

Gallaher v. Riddle, 850 A.2d 748, 2004 PA Super 175

Facts

Richard Gallaher obtained a judgment against Douglas Dalessio for $44,173.90. After Dalessio's wife died intestate, he opened her estate, which had significant assets. On March 4, 2002, Dalessio signed a disclaimer relinquishing his interest in the estate, which was not filed until May 24, 2002. Gallaher served a writ of execution on the estate before the disclaimer was filed and subsequently petitioned the court to set aside the disclaimer as a fraudulent transfer under the UFTA.

On March 22, 2001, Richard Gallaher obtained a judgment for $44,173.90 against Debtor, in the Indiana County Court of Common Pleas. Subsequently, Debtor's wife died intestate, survived by Debtor and two minor children. Debtor then opened his deceased wife's estate, estimating the estate assets at $50,000 in real estate and $100,000 in personalty. On or about March 4, 2002, Debtor signed a disclaimer relinquishing all of his interest in his deceased wife's estate.

Issue

Did the trial court err in concluding that Debtor's disclaimer of inheritance fell within the scope of the Pennsylvania Uniform Fraudulent Transfer Act?

Did the trial court err in concluding that Debtor's renunciation of a gift under his wife's estate falls within the scope of the Act?

Rule

A transfer is fraudulent as to a creditor if made without receiving a reasonably equivalent value in exchange and the debtor was insolvent at the time of the transfer.

A transfer made or obligation incurred by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange for the transfer or obligation and the debtor was insolvent at that time or the debtor became insolvent as a result of the transfer or obligation.

Analysis

The court found that Dalessio had an interest in his wife's estate prior to filing the disclaimer and was insolvent when he executed it. The court noted that Gallaher's judgment predated the disclaimer, and there was no evidence that Dalessio received any value in exchange for the disclaimer. Thus, all elements of a fraudulent transfer under the UFTA were satisfied.

Debtor cannot dispute that he had an interest in his deceased wife's estate prior to filing the disclaimer on May 24, 2002. He has stipulated that he was insolvent when he executed and filed the disclaimer. Creditor's judgment was obtained on March 22, 2001, well before Debtor filed his disclaimer. Creditor executed against the decedent's estate, thereby attaching Debtor's interest in that estate, on March 12, 2002, before Debtor filed his disclaimer on May 24th of the same year.

Conclusion

The Superior Court affirmed the lower court's order, concluding that the disclaimer was a fraudulent transfer under the UFTA.

Finding no error, we affirm.

Who won?

Richard Gallaher prevailed in the case because the court found that Dalessio's disclaimer of inheritance was a fraudulent transfer that violated the UFTA.

The court granted Creditor's petition and set aside Debtor's disclaimer as a fraudulent transfer under the UFTA.

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