HomeMy WebLinkAbout08-30-07 (2)
~ 1-05 -()(jJ33
FAMILY AGREEMENT
This Agreement entered into this 30th day of August 2007, by and between JoAnn
Garman in her capacity as Executrix under the will dated January 26, 2000, of Marian O.
Zeigler, Deceased, and JoAnn Garman, Stephen White, Cheryl White, Michael White,
Shawn Austin, Lance Zeigler, Danielle Zeigler and Dustin Zeigler, residuary legatees of
the estate. For purposes of this agreement, when she is referred to in her fiduciary
capacity, the term "Executrix" will be used and, when she is referred to in her individual
capacities, she will be referred to by her first and last names.
BACKGROUND
1. Marian O. Zeigler ("Decedent") died on July 9, 2005, a resident of 37 Garland
Court, Carlisle, Cumberland County, PA, leaving a will dated January 26,2000.
2. Decedent's will was admitted to probate by the Register of Wills of
Cumberland County on July 15, 2005, and letters testamentary were issued to JoAnn
Garman as Executrix.
3. In her will, Decedent named her grandchildren: JoAnn Garman, Stephen
White, Cheryl White, Michael White, Shawn Austin, Lance Zeigler, Danielle Zeigler and
Dustin Zeigler, as the residuary legatees.
4. The Executrix advertised the grant of letters Testamentary, prepared and filed
an Inventory and Appraisement of Decedent's property and prepared and filed a
Pennsylvania Inheritance Tax Return and federal and state income tax returns and paid
the appropriate taxes thereon.
5. The Executrix has paid all the general legatees and all the taxes, debts and
expenses of the estate known to them, and they have no knowledge of any unpaid claims,
absolute or contingent, which may be asserted against the estate nor do they have any
reason to believe there are any such claims.
6. The Executrix has distributed the net assets of the estate to Jo~ Garm~
Stephen White, Cheryl White, Michael White, Shawn Austin, Lance ZeigIel;)Danielii:;
Zeigler and Dustin Zeigler the residuary legatees named in the will. .~ I Q ~.
" ,~n '-')
7. A statement reflecting all estate receipts, disbursements and distqooU<>ns ~
annexed here to as Exhibit A. . (=' =2
-';:')
8. The Executrix, JoAnn Garman, Stephen White, Cheryl White, Micgel WhitE,
Shawn Austin, Lance Zeigler, Danielle Zeigler and Dustin Zeigler all desire that tins
Family Agreement make unnecessary the filing an accounting in the Orphans' Court
Division of the Court of Common Pleas of Cumberland County.
I F-I
-.~ -...
(-',
~
NOW THEREFORE, intending to be legally bound, the parties do hereby:
1. Waive the filing of an account of the administration of the estate in any court;
2. Declare that the undersigned has examined the attached informal account (and
statement/schedule of distribution) of the Executrix; finds it to be true and correct in all
particulars; accept and approve it with the same force and effect as if it had been prepared
and filed with, audited, adjudicated and confirmed absolutely by a court of competent
jurisdiction; and as if the balance of principal and income had been awarded by the Court
in accordance with the statement/schedule of distribution;
3. Warrant that the beneficiaries named in the informal account and
statement/schedule of distribution are the sole remaining parties in interest in the estate
and entitled to receive the entire distribution thereof in accordance with the informal
account and Statement/Schedule of Distribution;
4. Warrant that the undersigned know of no outstanding and unsatisfied claims
against the estate;
5. Approve the distribution of the balance of principal and income shown in the
informal account and statement/schedule of distribution to the persons set forth therein;
6. Absolutely and irrevocably release and discharge the Executrix, and her heirs,
personal representatives, successors and assigns of and from any and all actions,
liabilities, claims and demands relating in any way to his administration of the estate and
distribution in accordance with the informal account and statement/schedule of
distribution and without a court accounting and adjudication;
7. Agree to refund to the Executrix any amount of the undersigned's distribution
which exceeds the amount to which the undersigned are entitled as the Executrix shall
determine;
8. Agree to indemnify and hold harmless, the Executrix, and her heirs, personal
representatives, successors and assigns, from and against any claims, liabilities, loss or
expense (including costs and counsel fees) arising from any cause whatsoever, which the
Executrix may incur as a result of the administration of the estate and its distribution in
accordance with this agreement including, but not limited to, any liability for any federal
estate taxes, Pennsylvania Inheritance tax or any other death taxes, and any federal or
Pennsylvania income taxes, and Pennsylvania personal property taxes, together with any
interest and costs incidental thereto, relating in any way to the estate and also including,
but not limited to, any assets received or payments or distributions made by reason of any
negligence or mistake of law or fact.
2
IN WITNESS WHEREOF the parties set their respective hands and seals the first day
writte above.
Witness
:hano.rO .T hiJih
~~ess I ~.I { I '-
c\..0 J~\\J.--J
Witness
-~\ 6i~fs=
Witness .
Dustin Zeigler lciary
QGfd!:~
3
INFORMAL ACCOUNTING
ESTATE OF MIRIAN O. ZEIGLER
RECEIPTS OF PRINCIPAL
Cash:
Fiduciary
Acquisition Value
Cash or Certificates of Deposit:
Cash
M & T Bank (Savings)
M & T Bank (checking)
Real Estate
37 Garland Court, Carlisle, P A
Other:
Various Household items
1992 Pontiac automobile
Total Inventory
Receipts Subsequent to Inventory
Refund Comcast
Refund Highmark
Refund Erie Insurance Co.
10/05-07/07 Interest on account
Total Subsequent Receipts
TOTAL RECEIPTS OF PRINCIPAL
DISBURSEMENTS OF PRINCIPAL
Debts of Decedent
08/08/05
08/08/05
Sprint
PPL
8.59
44.28
4
580.91
8,183.01
1,108.83
139,558.18
1,000.00
1,050.00
29.06
73.88
262.00
41.27
$ 151,480.93
$ 406.21
$151.887.14
08/08/05
09/30/05
10/20/05
11/07/05
Hartzell Eye
PPL
SMTSA
M&T Bank (payoff loan)
67.63
59.63
133.10
5,324.67
Funeral Expenses
11/01/05
Hoffman Roth Funeral Home
Administration Expenses
07/15/05 Register of Wills (Probate fees)
07/28/05 Stonehedge Home Asso. (Aug. fee)
08/08/05 Diversified Appraisal Services
08/26/05 The Sentinel (Legal adv)
08/16/05 Deluxe Checks
09/19/05 Stonehedge Home. Asso. (Sept. & Oct fee)
10/05/05 S. Beckholt Carpet Dry Cleaning
10/11/05 J. Buckley (Anderson Window replacement)
11/01/05 PPL
11/09/05 Register of Wills (Inheritance tax)
10/30/06 Erin Holberg (photo scanning)
07/17/07 J. Buckley costs:
CC Law Journal (Legal Adv.) 75.00
Register of Wills (tax return) 15.00
Register of Wills (agreement) 15.00
Fees & Commissions
09/01/05 Joseph D. Buckley (partial fee)
11/01/05 Jo Garman (executor's fee)
11/01/05 Joseph D. Buckley (partial fee)
04/03/07 Jo Garman (balance executor's fee)
310.00
100.00
275.00
151.55
13.12
200.00
144.95
176.70
41.68
5,972.45
550.00
105.00
3,000.00
3,500.00
5,000.00
1,300.00
Total debts, expenses and fees
5
5,637.90
6,828.00
8,040.45
12,800.00
33,306.35
. ~
Distributions to Beneficiary
08/15/05
All Benificiaries (executrix divided
household goods) 1,000.00
Dustin Zeigler (1992 Pontiac) 1,050.00
09/02/05
11/01/05
11/01/05
11/01/05
11/01/05
11/01/05
11/01/05
11/01/05
11/01/05
Jo Ann Garman
Stephen White
Cheryl White
Michael White
Shawn Austin
Lance Zeigler
Danielle Zeigler
Dustin Zeigler
12,500.00
12,500.00
12,500.00
12,500.00
12,500.00
12,500.00
12,500.00
12,500.00
Total Distributions
102,050.00
TOTAL DISBURSEMENTS
135,356.35
PRINCIPAL BALANCE ON HAND
16. 530.79
Final Distributions to Beneficiaries
07/18/07
07/18/07
07/18/07
07/18/07
07/18/07
07/18/07
07/18/07
07/18/07
Jo Ann Garman
Stephen White
Cheryl White
Michael White
Shawn Austin
Lance Zeigler
Danielle Zeigler
Dustin Zeigler
2,197.60
2,197.60
2,197.60
2,197.60
2,197.60
2,197.60
2,197.60
1,147.59*
Total 16.530.79
BALANCE REMAINING AFTER FINAL DISTRIBUTION 0.00
*Dustin had previously received the vehicle valued at $1,050.00. Therefore, this amount
was added to the balance on hand (1,050.00 + 16,530.79) resulting in a balance of
17,580.79. This figure was divided by the number of beneficiaries, that being eight (8),
resulting in 2,197.5987 due each beneficiary. Dustin's share was then debited the value of
the vehicle, that being 1,050, resulting in a share for Dustin of 1,147.59.
6