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HomeMy WebLinkAbout03-05-08 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Lynn B. Miller also known as File Number ~ I - 0"1 - 4 \ 0 . Deceased Social Security Number 178-16-6948 Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW:) lZI A. Probate and Grant qfLetters Testamenta last Will of the Decedent dated I ~127/0 1 and aver that Petitioner(s) is I are the Executrix and codicil(s) dated nla named in the Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the instrument(s) offered for probate, was not the victim ofa killing and was never adjudicated an incapacitated person; o B. Grant of Letters of Administration (Ifapplicab/e. enter: c.t.a.; d.b.n.c.t.a.; pendente lite; durante absentia; durante mln?rj~te) Petitioner(s) after a proper search has I have ascertained that Decedent left no Will and was survived by the following spouse (if~Y> and heirS:..{,lf Administration. c.t.a. or d.b.n.c.t.a.. enter date o/WiIl in Section A above and complete list o/heirs.), ; : ..- .....) -, /: Name Relationship Residence ;r c.,) ( ~j (COMPLETE IN ALL CASES:) Attach additional sheets ifnecessary. Decedent was domiciled at death in Cumberland 5246 Deerfield Ave. Mechanicsburll. P A 17050 (List street address. tqwn/clty. tqwnship. COlUlty. state. zip code) County, Pennsylvania with his I her last principal residence at Decedent, then 83 years of age, died on February 2, 2007 at North Middleton Township, Cumberland County, PA Decedent at death owned property with estimated values as follows: (If domiciled in P A) All personal property (lfnot domiciled in PA) Personal property in Pennsylvania (If not domiciled in P A) Personal property in County Value of real estate in Pennsylvania 40,000.00 s s s s situated as follows: Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to the undersigned: T d or rinted name and residence _ Phyllis J. Mariskovic, 5246 Deerfield Ave., Mechanicsburg, PA 17050 Form RW-02 rev. 10.13.06 Page 1 of2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and correct to the best of the knowledge and beliefofPetitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. Sworn to or affirmed and subscribed before me the 3~ . Q.OO~ day of /l~~u~A~~ Signature of Personal Representative ) "C) -:.-:-n ., .. - 1.-- ~<) I Ui Signature of Personal Representative -.. \'- ~__ J File Number:;? 1- 0 ., - OL./ 10 c" Estate of Lynn B. Miller . Deceased Social Security Number: 178-16-6948 Date of Death: February 2. 2007 AND NOW, mo..r c l. 5 . f}Cx:/?, ,in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Phyllis J. Mariskovic in the above estate and that the instrument(s) dated 12/27/01 described in the Petition be admitted to probate and filed of r FEES Letters ............... $ 90 . CO Short Certificate(s) . . . . . . . . $ 8 ' 00 Renunciation(s) .......... $ ~\ ... $\~ _0., . . . $ H), (n u..+)O'\/l.-h ll:n ... $~ ' QQ ...$ .. . $ ... $ .. . $ .. . $ ... $ , ":\' .Ii' g;go TOTAL .... .. .. .. .. .. $ '{;l-~ - W Attorney Signature: ctj Attorney Name: Supreme Court I.D. No.: 27737 Address: 400 South State Road Marysville P A 17053 Telephone: (717) 957-3474 Form RW-02 rev. /0.13.06 Page 2 of2 . . . C) :--::0 "-- J.J ~., l LAST WILL AND TEST AMENT OF LYNN B. MILLER Dated:d-.7NtJuent. tJ ev( , 2001 Prepared by: Martin I. Kleinman, Esquire 1518 Walnut Street' 18th Floor Philadelphia, PA 19102 215790-0303 i.~ ~ _ ~I _1:" >,..) I Ui -" (;: . . . LAST WILL AND TEST AMENT OF LYNN B. MILLER I, Lynn B. Miller, a resident of and domiciled in the Commonwealth of Pennsylvania, make, publish and declare this to be my Last Will and Testament, revoking all wills and codicils at any time heretofore made by me. FIRST: I direct that the expenses of my last illness and funeral, the expenses of the administration of my estate, and all estate, inheritance and similar taxes payable with respect to property included in my estate, whether or not passing under this will, and any interest or penalties thereon, shall be paid out of my residuary estate, without apportionment and with no right of reimbursement from any recipient of any such property. The provisions of this Article FIRST shall not apply to the extent that contrary provisions concerning the payment or apportionment of any such taxes have been or shall be made in any inter vivos instrument executed by me relating to any insurance, trusts, gifts or other transfers, jointly owned property or accounts, or property subject to power of appointment. SECOND: I give all the rest, residue and remainder of my property and estate, both real and personal, of whatever kind and wherever located, that I own or to which I shall be in any manner entitled at the time of my death (collectively referred to as my "residuary estate"), to the trustee under the following trust to be held and disposed of in accordance with the terms, covenants and conditions of such trust: Lynn B. Miller Living Trust Dated: Even Date Herewith. THIRD: If any property of my estate vests in absolute ownership in a minor or incompetent, my Executor, at any time and without court authorization, may: distribute the whole or any part of such property to the beneficiary; or use the whole or any part for the health, education, maintenance and support of the beneficiary; or distribute the whole or any part to a guardian, committee or other legal representative of the beneficiary, or to a custodian for the beneficiary under any gifts to minors or transfers to minors act, or to the person or persons with whom the beneficiary resides. Evidence of any such distribution or the receipt therefor executed by the person to whom the distribution is made shall be a full discharge of my Executor from any liability with respect thereto, even though my Executor may be such person. If such beneficiary is a minor, my Executor may defer the distribution of the whole or any part of such property until the beneficiary attains the age of twenty-one (21) years, and may hold the same as a separate fund for the beneficiary with all of the powers described in Article FIFTH hereof. If the beneficiary . . . dies before attaining said age, any balance shall be paid and distributed to the estate of the beneficiary . FOURTH: I appoint Phyllis J. Mariskovic to be my Executor. If Phyllis J. Mariskovic shall fail to qualify for any reason as my Executor, or having qualified shall die, resign or cease to act for any reason as my Executor, I appoint Karen I. Stephenson as my Executor. I direct that no Executor shall be required to file or furnish any bond, surety or other security in any jurisdiction. FIFTH: I grant to my Executor all powers conferred on executors under the Pennsylvania Probate, Estates and Fiduciaries Code, as amended, or any successor thereto, and all powers conferred upon executors wherever my Executor may act. I also grant to my Executor power to retain, sell at public or private sale, exchange, grant options on, invest and reinvest, and otherwise deal with any kind of property, real or personal, for cash or on credit; to borrow money and encumber or pledge any property to secure loans; to pay any legacy or distribute, divide or partition property in cash or in kind, or partly in kind, and to allocate different kinds of property, disproportionate amounts of property and undivided interests in property among any parts, funds or shares, and to determine the fair valuation of the property so allocated, with or without regard to tax basis; to exercise all powers of an absolute owner of property; to compromise and release claims with or without consideration; and to employ attorneys, accountants and other persons for services or advice. The term "Executor" wherever used herein shall mean the executors, executor, executrix or administrator in office from time to time. SIXTH: If any beneficiary under this will and I die in a common accident or under circumstances in which it is difficult or impractical to determine who survived the other, such beneficiary shall be deemed to have predeceased me. IN WITNESS WHEREOF, I, Lynn B. Miller, sign, seal publish and declare this instrument as my last will and testament thisQ 7 day 0~v&1 ~OO1. I also have affixed my initials on the bottom of each of the preceding pages hereof. ~ x>~~ I J, .L . L.S. Ly n B. Miller The foregoing instrument was signed, sealed, published and declared by Lynn B. Miller, the above-named Testator, to be his last will and testament in our presence, all being present at the same time, and we, at his request and in his presence and in the presence of each other, have subscribed our names as witnesses on the date above written. ~d; /) ~7lju 2 . . . residing at 5~so~~~L ~. ~ /70S0 residing at ;r '}..J'-'o lJet!IZH~L.O #- V~. ~ ~CJt. fll" . I '? 0 '5 0 3 . . . . . . ACKNOWLEDGMENT AND AFFIDAVIT COMMONWEAL TH OF PENNSYLVANIA, COUNTY OF CUMBERLAND, SSe We, Lynn B. Miller I 5htiKLA ~i.. k. ~ ~ ~ Jt Ic~ , the Testator and the witnesses respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator, Lynn B. Miller, signed and executed said instrument as his last will and testament in the presence and hearing of the witnesses, and that he had signed willingly, and that he executed it as his free and voluntary act and deed for the purposes therein expressed, and that each of the witnesses at the request of the Testator, in the presence and hearing of the Testator and each other, signed the will as witness, and that to the best of his or her knowledge the Testator was at the time at least eighteen years of age, of sound mind and under no constraint, duress, fraud or undue influence. b-d-{ ~d-RJf . Notarial Seal Patrick J. McLaughlin, Notary Public Upper Moreland Twp., Montgomery County My CommiSSion Expires June 21, 2004 Member, Pennsylvania ASSociatIon of Notaries