*59 ORDER

AND NOW, this lltli day of September, 2009, the Petition for Allowance of Appeal is hereby GRANTED, The issues, rephrased and combined for clarity, are as follows:

1) Whether, and to what degree, the Employee Retirement Income Security Act of 1974 29 U.S.C.S. §§ 1001-1461 preempts Section 6111.2 of the Probate, Estates and Fiduciaries Code, 20 Pa.C.S. § 101-8815?

2) Does an estate have the capacity to initiate legal action on behalf of a contingent beneficiary of a life insurance policy?