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HomeMy WebLinkAbout04-25-08 () IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA NO. ;)/~Op-O'l73 ESTATE OF BETTY M. HAMMOND, DECEASED ORPHAN'S COURT DIVISION PETITION FOR SETTLEMENT OF SMALL ESTATE o ~~ , ~ j -"l~- f"') S~r '~'7 rn ~.-::::D c..:_,'/, - ~3~~ I'..) = = = J;:Ilo -0 :;::0 N U1 To the Honorable Judge of said Court: -0 ::I: :::J ...--1 Tl )> The petition of Carol H. Reinertsen respectfully requests: w 1. Your Petitioner is Carol H. Reinertsen, who is the daughter of Betty M. Hammond, deceased, and has the following interest in the assets that would comprise the estate of Betty M. Hammond. 2. Betty M. Hammond died testate on December 29, 2006, and at the time of death the Decedent's last principal residence was 45 Vine Drive, Carlisle, Cumberland County, Pennsylvania. 3. The above-named Decedent died testate and no letters testamentary have been issued. A copy of the Decedent's will is attached hereto and incorporated by reference as Exhibit A. 4. The names, addresses and relationships of all persons having an interest in the estate of the Decedent as beneficiaries are as follows: a. Carol H. Reinertsen 6112 Pine Street Harrisburg, P A 17112 Child 5. The total value of the Decedent's personal estate is less than $10,000 and consists of the following assets which have the following values: c; a. Wachovia Bank Account 1010149261922 $ 2,523.67 b. Note for car (remaining balance due) $ 1,140.34 c. Refund from Thomwald Home $ 483.43 d. Wachovia Bank Account 1010053448789 $ 125.00 7. The following is a list of paid expenses and the amount of their claims: a. Funeral Home $ Pre-paid b. Cemetery $ Pre-paid c. Auer Memorial (obituary) $ 18.90 d. Andrew H. Shaw (Atty fees) $ 750.00 (actual and estimated) e. Filing fees $ 30.00 f. Iron Forge Storage $ 400.00 8. The following is a list of unpaid creditors and the amount of their claims, which claims are proposed to be paid from the assets of the Decedent: a. Carol Reinertsen (travel costs to finalize $ 1,000.00 grave marker and inspect final gravesite) b. Department of Public Welfare (Class 3) $ 9,432.47 $ 7,171.00 c. Discover Financial Services (Class 6) d. United Church of Christ Homes $ 1,140.34* *The amount due to UCC Homes is the same amount listed as an estate asset for the motor vehicle note because UCC Homes assumed the creditor rights for receipt on the sale of the motor vehicle. 9. It is proposed that the following distribution of the decedent's estate be made to the following creditors, heirs, or next of kin: 2 a. Carol Reinertsen, Executrix $ 750.00 b. Carol Reinertsen (travel costs) $ 1,000.00 c. Department of Public Welfare $ 1,323.54 d. Discover Financial Services $ 0.00 e. United Church of Christ Homes $ 0.00 10. Department of Public Welfare is not agreement with the proposed distribution as stated in Paragraph 9 above. 11. Discover Financial Services does not dispute the proposed distribution as stated in Paragraph 9 above. WHEREFORE, Petitioner requests your Honorable Court to decree the distribution of the Decedent's personal estate to the persons entitled thereto as set forth in Paragraph 9 above. Respectfully submitted, Date: If-~%-C& By: Andrew . Sha , squire Sup. Ct. ID No. 87371 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 (717) 243-7135 Attorney for Petitioner 3 11 ~ ~~ ~w ;~ " ~~ :\, ~~ I direct that all estate, inheritance, succession, l/Yn,J ,i~death or similar taxes (except generation-skipping transfer -0" - ~: taxes) assessed with respect to my estate herein disposed of, or ''4 any part thereof, or on any bequest or devise contained in this my Last Will (which term wherever used herein shall include any Codicil hereto), or on any insurance upon my life or on any property held jointly by me with another or on any transfer made by me during my lifetime or on any other property or interests in property included in my estate for such tax purposes be paid out of my residuary estate and shall not be charged to or against any recipient, beneficiary, transferee or owner of any such property or interests in property included in my estate for such tax purposes. 0l ~ Yfl) rJ LAw OJI"FICES >HILLIP C. LYMAN OFFICE PARK ROAD [ILTON HEAD ISLAND SOUTH CAROLINA 29928 i ~ ii 'I " I' ;! I' I Ii i: " i1 'i I! LAST WILL AND TESTAMENT OF BETTY M. HAMMOND I! !I !i )j :1 !l 'I Ii I, BETTY M. HAMMOND, a resident of and domiciled in the Town of Hilton Head Island, County of Beaufort and State of South Carolina, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils at any time heretofore made by me. Ii 11 II II Ii I! ITEM I I am BETTY M. HAMMOND, and I am widowed. I have one sister, ROBERTA RYDER, and only one child, a daughter, CAROL H. REINERTSEN; my only grandchildren are my daughter's children and their names and ages are: (a) JAMES REINERTSEN, age 21, (b) JOHN REINERTSEN, age 18, (c) KRISTEN REINERTSEN, age 11, and (d) DAVID REINERTSEN, age 9. ITEM II I direct that all my just debts, secured unsecured, be paid as soon as practicable after my death. and ITEM III ITEM IV I give and bequeath all of my personal and household effects of every kind including but not limited to furniture, appliances, furnishings, pictures, silverware, china, glass, books, jewelry, wearing apparel, boats, automobiles, and: other vehicles, and all policies of fire, burglary, property 1 j EXHIBIT A- I I, ,I II ~II I I I I I I ~ I give, devise and bequeath all the rest, residue and remainder of my property of every kind and description f' GL.- \. ~i ( inc 1 uding 1 apsed 1 egacies and devi ses ) wherever situate and ~ whether acquired before or after the execution of this Will, . ~\. absolutely in fee simple to my daughter, CAROL H. REINERTSEN, if LAA~ ~ she shall survive me. If my said daughter shall not survive me, LI ~ then I give, devise and bequeath all of said property in trust to INlIiA Q ~y grandchildren surviving me, per stirpes, with my son-in-law -a,r~' ~. ~uAWRENCE G. REINERTSEN as Trustee. ~ f} /I! f/ /1 / LAw OFFICES :>HILLIP C. LYMAN OF'F'ICE PARK ROAD (ILTON HEAD ISLAND SOUTH CAROLINA 29928 damage, and other insurance on or in connection with the use of this property, to my daughter, CAROL H. REINERTSEN, if she shall survive me. If my said daughter shall not survive me, I give and bequeath all of said property to my grandchildren surviving me, in approximately equal shares, provided, however, the issue of a deceased grandchild surviving me shall take per stirpes the share their parent would have taken had he or she survived me. If my issue do not agree to the division of the said property among themselves, my executor shall make such division among them, the decision of my executor to be in all respects binding upon my issue. I request that my daughter, my executor and my issue abide by any memorandum by me directing the disposition of this property or any part thereof. If any beneficiary hereunder is a, minor, my executor may distribute such minor's share to such minor or for such minor's use to any person with whom such minor is residing or who has the care or control of such minor without. further responsibility and the receipt of the person to whom it' is distributed shall be a complete discharge of my executor. The. cost of packing and shipping such property shall be charged i against my estate as an expense of administration. I ITEM V ITEM VI established: For any trust for my grandchildren hereby (a) The Trustee shall immediately divide this Trust as then constituted into equal shares so as to provide one (1) share for each living grandchild and one (1) share for each deceased grandchild who shall leave issue then living. (b) After division into shares, all the net income from each share so provided shall be paid by the Trustee in convenient installments to or applied for the benefit of such grandchild or the issue of a deceased grandchild until complete distribution of such share as herein provided. In addition to i income, the Trustee may pay to or apply for the benefit of such grandchild or the issue of a deceased grandchild such sums from 2 t(} 1//# (>cC-- ~ u.q& ~ LAw OFFICES >HILLIP C. LYMAN OFFICE PARK ROAD [ILTON HEAD ISLAND SOUTH CAROLINA 29928 I II [i II I 11 JI..I. II ~ I I' ~\ ~. ~ Whenever the word "Executor" or any modifying or ~'... substituted pronoun therefor is used in this my Will, such words i nd respective pronouns shall be held and taken to include both . the singular and the plural, the masculine, feminine and neuter M gender thereof, and shall apply equally to the Executor named ~ herein and to any successor or substitute Executor acting , hereunder, and such successor or substitute Executor shall possess all the rights, powers and duties, authority and responsibili ty conferred upon the Executor originally named herein. the principal of his or her share as in my Trustee's sole discretion shall be necessary or desirable from time to time for his or her medical care, education, support and maintenance in reasonable comfort, taking into consideration to the extent the Trustee deems advisable, any other income or resources of such grandchild or issue known to the Trustee. (c) If a grandchild of mine has already attained age Twenty-Five (25) at the time this Trust is divided into shares, the Trustee shall upon making the division distribute to such grandchild all of his or her share. When a grandchild of mine attains the age of Twenty-Five (25) years, or upon the date on which a deceased grandchild of mine with issue surviving would have attained the age of Twenty-Five (25) years, the Trustee shall distribute to such grandchild or issue the principal of his or her share as then constituted. ITEM VII I hereby nominate, consti tute and appoint as Executor of this my Last Will and Testament CAROL H. REINERTSEN and direct that she shall serve without bond. If for any reason she is unable or unwilling to serve or continue to serve then I hereby nominate, constitute and appoint as substitute or successor executor LAWRENCE G. REINERTSEN and direct that he shall serve without bond. ITEM VIII ITEM IX For its services as receive an amount which shall determined by the Probate Court. Executor, my Executor be a reasonable fee shall to be 3 8/Wh4; I: ., I' .1 I: II I! "'-lll ~il ~! peL- J {A tp/ ~ lfw'1 ITEM X II " By way of illustration and not of limitation and in addition to any inherent, implied or statutory powers granted to executors and Trustees generally, my Executor and my Trustee under any trust hereby established for my grandchildren, each are specifically authorized and empowered with respect to any property, real or personal, at any time held under any provision of this my 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 of, enter into, exchange, hold, improve, incorporate any business of mine, invest, lease, manage, mortgage, grant and exercise options with respect to, take possession of, pledge, receive, release, repair, sell, sue for, to make distributions or divisions 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; I management of my Estate which any individual could exercise in the management of similar property owned in its own right, upon such terms and conditions as to my Executor or Trustee may seem best, and to execute and deliver any and all instruments and to do all acts which my Executor or my Trustee may deem proper or necessary to carry 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. ii i; ii Ij , Ii ., !jl Ii ii I' ii ITEM XI ~ My Executor shall have absolute discretion, but .~ shall not be required, to make adjustments in the rights of any ~; beneficiaries, or among the principal and income accounts to ~, compensate for the consequences of any tax decision or election, or of any investment or administrative decision, that my Executor believes has had the effect, directly or indirectly, of preferring one beneficiary or group of beneficiaries over others. In determining the federal estate and income tax liabili ties of my estate, my Executor shall have discretion to select the valuation date and to determine whether any or all of the allowable administration expenses in my estate shall be used as federal estate tax deductions or as federal income tax deductions. LAW OF'FICES >HILLIP C. LYMAN OFFICE PARK ROAD :ILTON HEAD ISLAND SOUTH CAROLINA 29928 ITEM XII If it becomes necessary for a representative of my estate to qualify in any jurisdiction other than the state of my domicile at the time of my death, then to the extent that I may legally do so, I hereby nominate, constitute and appoint my 4 g1Jtll Executor named in this Will as my representative in such jurisdiction and direct that such Executor shall serve without bond. If for any reason my Executor is unable or unwilling to serve as such representative or cannot qualify as such representative then I hereby appoint my Executor named herein to designate (to the extent that it may legally do so) a person or a corporation to serve as my representative and request that such person or corporation shall serve without bond. Any representative named as provided herein (to the extent that it may legally do so) shall have in such jurisdiction all the powers and duties conferred or imposed on my Executor by the provisions of this Will. ITEM XIII ii ii II I! ii 11 fLLJ if qtr- ':<~ ~' ~ \\, ITEM XIV ~ As used herein, the words "gross estate," "adjusted ~i ~ross estate " "taxable estate " "unified credit " "state death ~j tax credit, II' "maximum marital' deduction," "marital deduction," \ '\J! "pass," and any other word or words which from the context in which it or they are used refer to the Internal Revenue Code shall be assigned the same meaning as such words have for the: purposes of applying the Internal Revenue Code to my estate.' Reference to Sections of the Internal Revenue Code and to the Internal Revenue Code shall refer to the Internal Revenue Code amended to the date of my death. LAW OFFICES >HlLLIP C. LYMAN OFFICE PARK ROAD [ILTON HEAD ISLAND SOUTH CAROLINA 29928 For purposes of this my Will, "children" means the 1 awful blood descendants in the first degree of the parent designated; and "issue" and "descendants" mean the lawful blood descendants in any degree of the ancestor designated; provided, however, that if a person has been adopted by my daughter CAROL H. REINERTSEN, that person shall be considered a child of such adopting parent and such adopted child and his issue shall be considered as issue of the adopting parent. The terms "child," "children," "issue," "descendant" and "descendants" or those terms preceded by the terms "living" or "then living" shall include lawful blood descendant in the first degree of the parent' designated even though such descendant is born after the death of such parent. ITEM XV I hereby refrain from exercising any power of appointment that I may have at the time of my death. 5 LAW OFFICES "'HILLlP C. LYMAN OFFICE PARK ROAD lll..TON HEAD ISLAND SOUTH CAROLINA 29928 ITEM XVI If any beneficiary and I should die under such circumstances as would render it doubtful whether the beneficiary or I died first, then it shall be conclusively presumed for the purposes of this my Will that said beneficiary predeceased me. ITEM XVII Except as otherwise provided herein, all payments of principal and income payable, or to become payable, to the beneficiary of any trust created hereunder shall not be subject to anticipation, assignment, pledge, sale or transfer in any i manner, nor shall any said beneficiary have the power to I anticipate or encumber such interest, nor shall such interest, I while in the possession of my Executor or Trustee, be liable for, I or subject to, the debts, contracts, obligations, liabilities or t torts of any beneficiary. I I I IN WITNES~WHEREOF, I have hereunto set my hand and III ;;vJ.. .~. I. I affixed my seal this ~ day of a'{I~4/ , 1987. I I ;Z~?7~~~~~~.L (SEAL) The foregoing Will consisting of ~ typewritten pages, this included, the ~preceding pages thereof ~ring on the margin the signature of the Testatrix, was this r __ day of ~~~~ , 1987, signed, sealed, published and declared by the said Testatrix as and for her Last Will and Testament in our presence, and we, at her request and in her presence, and in the presence of each other, have hereunto subscribed our names as' esses on the above date. of ~N4R~ S.C , ~ I-t cd :ISlo.-r.d ( S- C of (,; of 6 , . , . LAW OFFICES 'HILLIP C. LYMAN OFFICE PARK ROAD ILTON HEAD ISLAND SOUTH CAROLINA 29928 PROOF OF WILL STATE OF SOUTH CAROLINA COUNTY OF BEAUFORT I, BETTY M. HAMMOND~the testrix, sign my name to this instrument this ~ day of ~A~A/ , 1987, and being first duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my Last Will and that I sign it willingly (or willingly direct another to sign for me), that I execute it as my free and voluntary act for the purposes therein expressed, and that I am eighteen years of age or older, of sound mind, and under no constraint or undue influence. 'I I i i I I I ! 73~ nr~~~4- BETTY . HAMMoND, Testatrix We, Phillip C. Lyman, Yuehlih M. Lyman, and Anita J. Sturgill, on oath state that we are the subscribing witnesses to the attached written instrument dated the ~ day of Dc.::t-D b-tf' , 1987, which purports to be the Last Will and Testament of BETTY M. HAMMOND. On the execution date of the instrument, the Testatrix, in our presence, signed the instrument at the end thereof and declared the instrument to be her Will, and requested that we attest to the execution thereof whereupon, in the presence of the Testatrix each of us signed our respective names as attesting witnesses. At the time of the execution of the instrument, the Testatrix appeared to be over eighteen (18) years of age, of sound mind, and acting without undue influence, fraud or restraint. DATED this /i~ Sworn to before me this ~ day of G~~.....- 1987 ~-." '. f'... r\ ' ; ~ ..J../t')~ for S.C. \ \\ My Commission Expires: l\\ \ S' (\ ") 7 . . , . CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the following document, Petition To Settle Small Estate, was served this date on the below named, by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: Tina M. Klinefelter Third Party Liability Section Department of Public Welfare Estate Recovery Program P.O. Box 8486 Harrisburg, P A 17105-8486 Date: f-2r:- O~ ew H. haw, Esquire Sup. Ct. J.D. No. 87371 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 (717) 243-7135 (phone) (717) 243-7872 (facsimile)