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HomeMy WebLinkAbout05-08-07 &f"v... . Family Settlement Agreement File No. 21-05-0691 THIS is an agreement entered into this 11 th day of August, 2006, by and between Gayle Kluz of 71 Partridge Circle, Carlisle, P A 17013 and James D. Harlin, Jr., of 505 Greason Road, Carlisle, P A 21236, Beneficiaries and Co-Executors of the Estate of Lois A. Harlin, Decedent, whose names are set forth as signatories at the end of this Agreement, with the separte signatute:.page returned with Release and Indemnification. ,::s --' :::-b ~'~-.-.. Q WITNESSETH: ~~ I A. Lois A. Harlin of 136-81 Lake Pine Circle, Lake Worth, FL 33463, died-aft1v1aycg, 2005. . _r ~~_) -c I _,_-.~ B. On August 3, 2005, Letters Testamentary were granted to Gayle KluzaDibJamesJlarlin, ! at File No. 21-05-0691 in the Register of Wills Office for Cumberland County~!P~nnsyl~ia. o C. Executors have administered the estate until the present time and have paid all debts of the estate, including inheritance tax owed. D. Decedent died testate, providing for the residue of decedent's estate to pass to her five children, whose names are subscribed hereunder. E. The assets of the estate are set forth in the Inheritance Tax Return attached hereto and made a part hereof. F. Executors have paid the debts of the estate as set forth in the Inheritance Tax Return, in addition to the inheritance tax. G. Distributions to beneficiaries was made: I.) In 2005 ofIRAs. The IRAs were tax qualified assets of$379,534.80. 2.) In May 2006, of the non-qualified assets of $ 1 62,640.54, with a small dividend of $404.19, distributed to beneficiaries pro rata. NOW THEREFORE, the said parties intending to be legally bound set forth the following: 1. Executors of the estate of deceased need not file a formal accounting or schedule of distribution. 2. Separate Release and Indemnification Agreement is enclosed for signing and return in envelope with copy of your single signature at the end of the Agreement you signed also . enclosed. v- 3. The said beneficiaries designate this statement as a "satisfaction of award" and hereby authorize and direct the Clerk of Orphans' Court to mark satisfied of record any award which may subsequently be made by the Court with respect to the distribution made to the. distributees in this Agreement. 4. The said beneficiaries acknowledge that this Family Settlement Agreement shall be filed with the Clerk of Orphans' Court in final settlement of the estate of decedent Lois A. Harlin. IN WITNESS WHEREOF, the said beneficiaries, intending to be legally bound, hereby set their hands and seals the day and year first above written. ,~k~ Ga1'1e Klu 71 Partridge Circle Carlisle, PAl 7013 t- v James D. Harlin, Jr. 505 Greason Road Carlisie.PA 170]3 .... Deborah Davis 1584 Newville Road Carlisle, PAl 70 13 v Christopher Harlin 2440 North Lakeview Avenue, Apt. 5f Chicago, IL 60614 Tracey Snyder ] 47] St. Thomas / Edenville Road St. Thomas, PA ] 7252 3. The said beneficiaries designate this statement as a "satisfaction of award" and hereby authorize and direct the Clerk of Orphans' Court to mark satisfied of record any award which may subsequently be made by the Court with respect to the distribution made to the distributees in this Agreement. 4. The said beneficiaries acknowledge that this Family Settlement Agreement shall be filed with the Clerk of Orphans' Court in final settlement of the estate of decedent Lois A. Harlin. IN WITNESS WHEREOF, the said beneficiaries, intending to be legally bound, hereby set their hands and seals the day and year first above written. WITNESS: ~~ Gayle Kluz 71 Partridge Circle Carlisle, PAl 7013 ~.~~~~ J s D. Harlin, Jr. 505 Greason Road Carlisle, P A 17013 Deborah Davis 1584 Newville Road Carlisle, P A 17013 Christopher Harlin 2440 North Lakeview Avenue, Apt. SF Chicago, IL 60614 Tracey Snyder 1471 St. Thomas / Edenville Road St. Thomas, P A 17252 3. The said beneficiaries designate this statement as a "satisfaction of award" and hereby authorize and direct the Clerk of Orphans' Court to mark satisfied of record any award which may subsequently be made by the Court with respect to the distribution made to the distributees in this Agreement. 4. The said beneficiaries acknowledge that this Family Settlement Agreement shall be filed with the Clerk of Orphans' Court in final settlement of the estate of decedent Lois A. Harlin. IN WITNESS WHEREOF, the said beneficiaries, intending to be legally bound, hereby set their hands and seals the day and year first above written. WITNESS: Gayle Kluz 71 Partridge Circle Carlisle, P A 17013 James D. Harlin, Jr. 505 Greason Road Carlisle, P A 17013 ~ ~O\.L .D0..)\1 Deborah Davis 1584 Newville Road Carlisle, P A 17013 Christopher Harlin 2440 North Lakeview Avenue, Apt. 5F Chicago,IL 60614 Tracey Snyder 1471 St. Thomas / Edenville Road St. Thomas, P A 17252 3. The said beneficiaries designate this statement as a "satisfaction of award" and hereby authorize and direct the Clerk of Orphans' Court to mark satisfied of record any award which may subsequently be made by the Court with respect to the distribution made to the distributees in this Agreement. 4. The said beneficiaries acknowledge that this Family Settlement Agreement shall be filed with the Clerk of Orphans' Court in final settlement of the estate of decedent Lois A. Harlin. IN WITNESS WHEREOF, the said beneficiaries, intending to be legally bound, hereby set their hands and seals the day and year first above written. WITNESS: Gayle Kluz 71 Partridge Circle Carlisle, P A 17013 James D. Harlin, Jr. 505 Greason Road Carlisle, PAl 7013 Tracey Snyder 1471 S1. Thomas I Edenville Road St. Thomas, PA 17252 3. The said beneficiaries designate this statement as a "satisfaction of award" and hereby authorize and direct the Clerk of Orphans' Court to mark satisfied of record any award which may subsequently be made by the Court with respect to the distribution made to the. distributees in this Agreement. 4. The said beneficiaries acknowledge that this Family Settlement Agreement shall be filed with the Clerk of Orphans' Court in final settlement of the estate of decedent Lois A. Harlin. IN WITNESS WHEREOF, the said beneficiaries, intending to be legally bound, hereby set their hands and seals the day and year first above written. WITNESS: Gayle. Kluz 71 Partridge Circle Carlisle, P A 17013 James D. Harlin, Jr. 505 Greason Road Carlisle, P A 17013 Deborah Davis 1584 Newville Road Carlisle, PAl 7013 Christopher Harlin 2440 North Lakeview Avenue, Apt. 5F Ch' ago,IL 60614 G./ CUEN\'S coP'{ ,_..""-.._.;.;.,..",r;.,,.',;..:.-..;;;~,*,_~ .... t..... mast mill anil UT:estammt nf IInis 2\. iiiarlin I, LOIS A. HARLIN, a resident ofand domiciled in the State of Florida, Social Security No. 111-16-7875, declare this to be my last Will and revoke all earlier Wills and Codicils. ITEM I Direction to Pay Claims I direct that all valid claims against my estate be paid as soon as practicable after my death. ITEM II =K Estate Taxes ~ My Personal Representative shall not pay expenses of my last illness, funeral, claims, costs of administration and taxes assessed by reason of my death as I have directed for their payment under the Trust Agreement hereafter mentioned, and I hereby confirm that direction. ITEM ill Se;parate Writing Clause I give those items of tangible personal property to those persons desaibed in a separate writing dated subsequent to this Will as allowed by the Florida Statutes. If no such separate writing is discovered within thirty (30) days after my death it shall be conclusively presumed that no such separate writing exists. ITEM IV Residwuy Estate I give my residuary estate to the Tnastee ofTBE WIS A. HARLIN TRUST dated the same date as this Will to be administered as part of this Trust. If this bequest and devise is ineffective, I hereby incorporate said Trust by reference and make it a part hereof. . -- .' ....y-;:-,.._'"'., ,." ITEM V Appointment of Personal Representative I appoint my daughter, GAYLE KLUZ and my son, JAMES D. HARLIN to be the Co- Personal Representatives under this Will and I direct that they shall serve without bOnd. ITEM VII Powers By way of illustration and not of limitation, and in addition to any powers granted to personal representatives generally, my personal representative is specifically.authorized and empowered with respect to any property, real or personal, at any time held under any provision of this will: to allot, allocate between principal and income, assign, borrow, buy, care for, collect, compromise claims, contract with respect to, continue any business of mine, convey, convert, deal with, dispose ot; enter into, exchange, hold, improve, incorporate any business of mine, invest, lease, 1IWlage, mortgage, grant and ccercise options with respect to, take possession ot; pledge, receive, release, repair,se1I, sue for, make distnDutions in cash or in kind or partly in each without regard to the income tax basis of such asset and, in general, to exercise all of the powers in the management of my estate which any individual could exercise in the management of simi1ar property owned in its own right, upon such terms and conditions as to my personal representative may deem best, and to execute and deliver any and all instruments and to do all acts which my personal representative may deem proper or necessary to cany out the purposes of this my Will, without being . limited in any way by the specific grants of power made, and without the necessity of a court order. r;f ~s WHEREOF, I have hereunto set my hand and affixed my seal this /,y day oC' , 2000. ? ~/f-j/~ LOIS A. HARLIN 2 ~ ~ j -_. -------.-...... The foregoing Will was signed and declared by the said Testatrix as her Will in our presence, and we, at her request, in her presence, and in the presence of each other, have subscribed our names as witnesses on the above date. Wirf:t::::,.~ ;f0(6~ II ~ 5'1 S4I ~ Sl-n.a:I ;A1ole.JA Witness Address ~<<. ltness Signature R0'11l1 tb I~ ~~ "F( 3~~11 ~~"7 fllddM~ /l4. Witness Address 6~f/~ ~aeLr PC Prepared by: Kirk Grantham, Esq. 1860 Forest Hill Blvd. Suite 105 West Palm Beach, FL 33406 (561) 966-6211 3 . . .,-.......--.- -- _..--....,. PROOF OFwaL STATE OF FLORIDA ) ) SS: COUNTYOFPALMBEACH ) WE, LOJS A. 1JARLlN. cK\ ,t qco..,,+hQ,J>. and l:."trosS ~~fu<egoing ~~=:=~.;::;~~m:= TestaIrix signed the instrumf:Ill as her W.n. that she signed. and that each of the witnesSeS. in the presence of the TestaIrix and in the presence of each otberC w;; a # ~ LOIS A. IJARLlN 8~0U) J R'Y6'l, . Wi~Si~ ~p-A "'- Witness Signature ...~(. OJ ~ ~..; ~ 4'1 If ,,,' subsaibed and sworn to before me this 1 gili day of ~ 2000. ~.~ Notary . c, State of Florida PrW or IIaIDP IIIIDIl <<noW)' public. .......missioa ....-1IllI dIIe<< cxpiratioD persooally \cnoWIl or ~ ~on X Type ofJderllification Produ<:ed:JiO . ~ ~ ~- ~ . 4