HomeMy WebLinkAbout08-07-07
Pa. O.C. RULE 6.12 STATUS REPORT
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Name of Decedent:
CATHY S. TILDEN
Date of Death:
January 15, 2006
File No.:
21-06-0181
Pursuant to Pa. O. C. Rule 6.12, I report the following with respect to completion of the administration
of the above-captioned estate:
1.
State whether administration of the estate is complete:
I8IYes DNo
2. If the answer is No, state when the personal representative reasonably believes that the administration
will be complete:
3. If the answer to No.1 is YES, state the following:
a.
Did the personal representative file a final account with the Court?
DYes 181 No
b. The separate Orphans' Court No. (if any) for the personal representative's
account is:
c.
Did the personal representative state an account informally
to the parties in interest?
I8IYes DNo
d. Copies of receipts, releases, joinders and approvals of formal or informal accounts may be
filed with the Clerk of the Orphans' Court a ay be attached to this report.
Date: August 6, 2007
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Capacity: D Personal Representative 181 Counsel
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Hubert X. Gilroy, Esquire
Name of Person Filing this Form
Martson Deardorff Williams Otto Gilroy & Faller
Address
10 East High Street
Carlisle, PAl 7013
(717) 243-3341
Telephone
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F:\ALES\ 12527112527 .1..rep
F\FILES\12527\1 2527. I.EstateSettlementAg
ESTATE OF CATHY S. TILDEN
ESTATE SETTLEMENT AGREEMENT
THIS AGREEMENT, made this 3 day of ~ J tof, 2007, between Healber
S. Wert, Administratrix of the Estate of Cathy S. Tilden ("Administratrix"), and Heather S.
Wert, in her individual capacity, Matthew H. Tilden, Dane S. Tilden and Daneshia S. Tilden
(collectively referred to hereinafter as the "Beneficiaries").
WITNESSETH
WHEREAS, Cathy S. Tilden (Decedent) died on January 15, 2006; and
WHEREAS, Decedent died without a Will and Heather S. Wert was appointed
Adminsitratrix of the Decedent's Estate by the Cumberland County, Pennsylvania, Register
of Wills by appropriate action ofthe Register of Wills on March 13,2006 and docketed at No:
21-06-0181; and
WHEREAS, the Administratrix has truly and appropriately administered the Estate
of the Decedent; and
WHEREAS, the Administratrix has filed the appropriate Pennsylvania Inheritance Tax
Return for the Estate and the Return has been audited with a determination being issued by
the Pennsylvania Department of Revenue accepting the Return as filed; and
\VHEREAS, the Administratrix has filed the appropriate Pennsylvania and Federal
Income Tax Returns for the Estate; and
WHEREAS, the Administratrix has accomplished the payment of all obligations owing
on the Decedent's Estate, except for miscellaneous obligations as forth below; and
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WHEREAS, the Administratrix has provided the opportunity to all Beneficiaries to
examine all records of the Decedent in the possession ofthe Administratrix and to examine all
records of the Estate; and
WHEREAS, the Administratrix has made various partial distributions to the
Beneficiaries; and
WHEREAS, the Administratrix is prepared to achieve the final distribution of the
Decedent's Estate subject to the reserve as set forth below; and
WHEREAS, the Administratrix and all Beneficiaries desire that the administration of
the Estate of the Decedent be terminated without the expense and delay of a court accounting
and the Parties are willing to enter into this Estate Settlement Agreement in order to expedite
the conclusion of the Estate; and
WHEREAS, the Administratrix desires to make a distribution to the Beneficiaries, pay
attorney's fees owing, retain certain funds in order to finalize any tax returns and any other
miscellaneous obligations that may accrue, with any retained funds to be distributed to the
Beneficiaries at a later date.
NOW, THEREFORE, the parties in consideration of their mutual covenants herein
expressed and intending to be legally bound hereby, agree as follows:
1.
The above-named Beneficiaries hereby waive the filing of a Formal Accounting and
Schedule of Distribution in the Estate of the Decedent.
2.
The parties acknowledge that they have been provided with an opportunity to examine
all paperwork and accounting of all expenses and revenues from the Estate of the Decedent.
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3.
The parties agree that the 1998 Chevrolet Malibu automobile which was conveyed to
Heather S. Wert shall remain Heather's sole property and that Heather will not need to
account further with respect to that asset.
4.
After the payment of all obligations of the Decedent, Pennsylvania Inheritance Tax,
income tax, attorney's fees and other obligations and claims against the Estate, the money
remaining in the estate totals $18,918.02. It is the intention ofthe Administratrix to distribute
said monies in four equal payments in the amount of $4,000.00 to the four Beneficiaries. The
Beneficiaries agree to said payments, which payments will be made upon the signing of this
Agreement by all Beneficiaries and the Administratrix.
5.
The parties hereby forever release, compromise, settle and discharge any and all claims,
demands, actions or causes of actions, legal or equitable, absolute or contingent which any of
them may have against any other party hereto or against the Estate of Cathy S. Tilden or its
Administratrix, Heather S. Wert, by reason of any matter or thing growing out of or relating
to any property or assets of said Estate, or growing out of or relating to any act of the
Administratrix in the administration of the Estate. This Release shall release the
Administratrix from all liabilities, whether due to their negligence or otherwise, which they
may have by reason of her administration of the Estate. This Release, however, shall not
release the Administratrix from any claims relating to fraud or claims relating to any willful
action of the Administratrix in failing to disclose or account for assets of the Estate which the
Administratrix may have received. Furthermore, this Release shall not be binding until
signing of this Agreement by the Administratrix and all named Beneficiaries.
6.
Each party acknowledges that he/she may present this Agreement to their own private
attorney for legal advice if such parties desire such individual legal advice.
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7.
The parties agree that this Agreement shall be binding upon themselves, their
successors, assigns and personal representatives.
8.
Once the Administratrix determines that all tax obligations have been paid and the
Estate is ready to be finalized, the Administratrix may distribute any remaining monies of the
Estate to all four Beneficiaries equally, which distribution shall be accomplished without any
further written agreement of the parties or further Order of Court.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day
and year first above written.
ESTATE OF CATHY S. TILDEN
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Heather S. Wert, Administratrix
Witness:
BENEFICIARIES:
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David Tilden, Guardian
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