In re Estate of Bullotta

ARGUED: March 4, 2003 OPINION James Bullotta sought to divorce Carolyn Bullotta. During the course of proceedings, the parties reached a settlement agreement, dividing their marital assets. On October 19, 1999, the trial court entered a consent order setting forth the terms of their agreement, which provided the divorce could be finalized when the terms of the settlement were completed. Unfortunately, husband died before all those terms were carried out, and no final divorce decree was entered. A petition for probate of his estate was filed with the register of wills, and letters testamentary were granted. The executor of the estate obtained a citation directing wife to show cause why the marital assets allocated to husband by the settlement agreement should not be turned over to the estate. The trial court granted the executor's motion, and ordered the assets turned over to the estate. The trial court based its decision on Reese v. Reese, 506 A.2d 471 (Pa. Super. 1986). Wife filed exceptions, which were denied, and on appeal, the Superior Court, relying on Reese, affirmed.