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HomeMy WebLinkAbout05-30-08 (2) FAMILY AGREEMENT THIS AGREEMENT, made as of this 2.1 day of MAY , 2008, by and between Linda L. Zentz, individually, party of the first part, and Gerald E. Smith, Jr., party of the second part, as Executor of the Estate of Terry L. Zentz, deceased, late of Lower Allen Township, Cumberland County, Pennsylvania. I'.) WITNESSETH: C) = ~9 a; __. _0 ::R: Linda L. Zentz, individually and Gerald E. Smith;):::~~, =:: Executor of Terry L. Zentz estate, deceased, intendinifJ:t.Qj bew legally bound hereby, promise, declare and agree as ~Q~iBWs:C) -~:f.~5 q -0 1. The said Terry L. Zentz died a married man on MarchgS, :Jr. 2008, leaving a Last Will and Testament. ::.u --; ..1.:::> N 2. The said Last Will and Testament dated November 26, 2007~ was probated by the Register of Wills of Cumberland County, Pennsylvania, on April 9, 2008, which Will is hereby referred to and made part hereof by reference. Letters Testamentary were issued by the Register of Wills of Cumberland County, Pennsylvania to Gerald E. Smith, Jr., as Executor, one of the Parties hereto. Wherein the said Terry L. Zentz devised his entire estate to Linda L. Zentz, his widow who is now living and party hereto. '--J 3. The said Letters Testamentary on the Estate of Terry L. Zentz were not advertised as provided by law. 4. Linda L. Zentz individually, acknowledges that she fully knows the benefits and advantages as against unpaid creditors provided by advertising the Estate as provided by law and the filing of a First and Final Account with Register of Wills and adjudication of the account by the Orphans Court as compared to Family Agreement. S. A State Inheritance Tax Return was filed on May ~l 2008 with the Register of Wills of Cumberland County and no Inheritance Tax is due as his sole beneficiary is his widow. 6. Linda L. Zentz desires and agrees to finally and permanently settle her respective interest in the Estate of Terry L. Zentz as sole beneficiary without the formalities of the filing of a First and Final Account and the Adjudication by Orphans Court thereof and have distributed the assets of the said Estate as herein set forth. 7. Following are joint assets of decedent with Linda L. Zentz, Decedent's surviving spouse, to wit: 1 Cf Decedent's surviving spouse, to wit SCHEDULE J NON-TAXABLE DISTRIBUTIONS: 1. Integrity Bank #203012122-Joint Checking 2. Integrity Bank #403005647-Joint Savings 3. Wells Fargo ING Direct - Joint 4. Wells Fargo PMA Account - Joint 5. Wells Fargo Savings - Joint 6. Wells Fargo PMA Checking - Joint 7. Payroll Check from Planit Solutions Inc. 8. Check from Wawanesa - Auto Insurance Refund 9. 2006 Dodge Grand Caravan Auto - Joint 10. House & Lot-20 Grinnel Drive, Lower Allen Township, Cumberland County, PA - Joint 11. Household Furnishings - Joint TOTAL $24,954.19 $ 3,819.08 $40,092.10 $42,177.70 $ 3,001.01 $ 538.55 $ 4,680.00 $ 255.00 $19,350.00 $175,000.00 $ 6,000.00 $313,867.63 8. Linda L. Zentz agrees that the deficit be paid out of joint assets. 9. Linda L. Zentz hereby accepts, approves and agrees that the said accounting of the assets, liabilities shall have the same force and effect as if a First and Final Account has been filed in the office of the Register of Wills of Cumberland County and adjudicated by Orphans Court and confirmed absolutely by the Court of Cornmon Pleas of Cumberland County, Pennsylvania, Orphan's Court Division. 10. There are no liabilities of the Terry L. Zentz Estate known except those herein set forth and any Inheritance Tax that my be determined to be due but not expected. 11. Linda L. Zentz, individually, hereby releases the said Gerald E. Smith, Jr., Executor of the Estate of Terry L. Zentz, deceased, of and from any and all claims known or unknown to her which she has against the said Estate and against the said Gerald E. Smith Jr., acting as Executor of the said Estate. 12. This is the entire agreement between the Parties hereto, acting in separate capacities and shall be binding upon Linda L. Zentz, her heirs, assigns successors in both capacities. 13. The following is a final accounting of decedent's Estate: 2 ASSETS l. 2. Payroll Check from Planit Solutions Inc. Check - Wawanesa Insurance refund $ 4,680.00 $ 255.00 $ 4,935.00 TOTAL DEBTS l. Parthemore Funeral Home $ 6,340.00 2. Attorney Fees $ 3,000.00 3. Family exemption, Linda L. Zentz $ 3,500.00 4. Probate Fees $ 107.00 5. Register of Wills - File Tax Return $ 15.00 6. Register of Wills - Reserve to file Family Agreement $ 25.00 TOTAL $12,987.00 RECAP I 'l'ULAT ION DEFICIT $ 4,935.00 $12,987.00 - 8,052.00 TOTAL ASSETS LESS TOTAL DEBTS NET BALANCE FOR DIS'l'RIBO'1'ION (DEFICIT ESTATE) -0- IN WITNESS WHEREOF, the parties hereto their hands and seals this ~\ day of have hereunto set tv'A'i ,2008 ESTATE OF Terry L. Zentz BY: J\f1I1(\ .J..A~. ~t...~1 (SEAL) Gerald E. Smit , Jr. Executor WITNESS: WITNESS: ~~. Linda . S~ Sole Beneficiary (SEAL) :3 Commonwealth of Pennsylvania :ss County of Cumberland ON THIS, THE ~~DAY OF ~~ 2008 before me, the undersigned officer, personally appeared Linda L. Zentz who acknowledged herself to be the Individual - Sole Beneficiary under the Last Will and Testament of Terry L. Zentz, and Gerald E. Smith, Jr. Executor, executed the foregoing Instrument for the purposes therein contained. ((?~n. . _ ~LIC My Commission Expires: (- r Cf-oq COMMONWEALTH OF PENNSYLVANIA Notarial Seal Robert E. Myers, Notary Public FairviewTwp.. Yor1<County My Commission Expires Jan. 19, 2009 Member, Pennsvtvflnia Association of Notaries 4