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HomeMy WebLinkAbout07-03-08IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF RITA C. FURBER ) NO. 2008-00285 REGISTER OF WILLS Family Agreement--Waiving Filing of Account This Agreement entered into this 27th day of ,7~.ine 2008 by and between Joseph E. Furber in his capacity as Executor, and Mary Breymeier in her capacity as Executrix under the will dated August 9, 1999, (as well as the Pennsylvania Intestacy Statues) of Rita C. Furber, Deceased, and Lisa M. Breymeier, and Joseph R. Furber(sometimes incorrectly identified as Joseph E. Furber), specific legatees, and Joseph E. Furber and Mary Breymeier, residuary legatees of the estate. For purposes of this agreement, when they are referred to in their fiduciary capacity, the term 'Executrix' or "Executor" will be used and, when ~ey are ref~red _ to in their individual capacities, they will be referred to by their first names. c p ~ ~ ~ ~- C.~~ ~ fir. _~ ~ ~ ; -r-n r- ~; BACKGROUND ~~ r - { ~y _. ~ t r . z-, ~`;. to .-. -, 1. Rita C. Furber ("Decedent") died on March 2, 2008, a resident of Car~g~i~ ~ ' ~~ Pennsylvania, leaving a will dated August 9, 1999. c~ ~ _ '~ ~=~=~ -~+ ca . > ._-- 2. Decedent's will was admitted to probate by the Register of Wills of Cumberland ~ County on March 14, 2008, and letters testamentary were issued to Joseph E. Furber, and Mary Breymeier, as joint or Co-executors 3. In her will, Lisa M. Breymeier and Joseph R. Furber, her grandchildren, are entitled to receive the sum of $5,000.00 each. 4. In her will, Decedent named residuary legatees. Under the will, Joseph E. Furber and Mary Breymeier are each entitled to receive 1/2 shares of the residual of her estate. 5. The executors 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. 6. The executor has paid all the general legatees and all the taxes, debts and expenses of the estate known to them, and has 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. 7. The executors have distributed the net assets of the estate to Joseph E. Furber, Mary Breymeier, Joseph R. Furber and Lisa M. Breymeier the specific legatees and residuary legatees by will. 8. A statement reflecting all estate receipts, disbursements and distributions are annexed here to as Exhibit A. 9. Both the executrix and legatees desire that this Family Agreement make unnecessary the filing of an accounting in the Orphans' Court Division of the Court of Common Pleas of Cumberland County. 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 executor(s); 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 statementJschedule 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, executor and their heirs, personal representatives, successors and assigns of and from any and all actions, liabilities, claims and demands relating in any way to their 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 executor(s) any amount of the undersigned's distribution which f;xceeds the amount to which the undersigned are entitled as the executor shall determine; 8. Agree to indemnify and hold harmless, the executor(s), and 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 executor(s) 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. Dated: ~ 2 ? ~ Q ~ r ~ ~~ I~ >~ Witness: ~~ ~~ ~~ ~~'`~~ Joseph E. Furber, Executor(Beneficrary) 1268 Brandt Road, Mech., PA 17055 ~~ ~~~~ ~ Witness: ,~ ~-- ary B ymeier, xecutrix(Beneficiary) / 3434 Walnut Street Camp Hill, PA 17011 Witness: ` ` ose R. Furber (Beneficiary) 9246 Northedge Dr Springfield, VA 22153 Arv~ Witness: Lisa M. Breymeier (A) (Benef ciary) 113 Red Haven Road ~;, / New Cumberland, PA 17070 6 Informal Account Assets: 1. Real Estate 3312 Trindle Road $95,000.00 2. Checking account 26,874.24 3. Safe deposit box 5,509.95 4. Household goods 8,000.00 5. 1978 Buick 350.00 6. Refunds 28.98 Administrative Costs: Funeral & Administrative expenses $17,796.01 Debts/Liabilities: Debts Inheritance Taxes 1,969.93 5,219.88 Additions (changes after June 1, 2008): Interest checking account + Account Balance $110,777.35 Schedule of Distribution Account Balance $110,777.35 Shares to Legatees: Joseph R. Furber $5,000 Lisa M. Breymeier (Arvey) $5,000 Joseph E. Furber $ (1/2 remainder) Mary R. Breymeier $ (1 /2 remainder) MICHAEL S. TRAVIS ATTORNEY AT LAW 3904 TRINDLE ROAD CAMP HILL, PA 17011 TELEPHONE <717) 731-9502 FAX (717) 731-9511 June 30, 2008 Glenda Farner Sfrasbaugh Cumberland County Register of Wills One Courthouse Square Carlisle, PA 17013 Re: Estate of Rita C. Furber, No. 2008-00285 Family Agreement Dear Ms. Strasbaugh: Enclosed for filing, please find the Family Agreement in this case. The filing fee of $20.00 is enclosed. Very Attorney for Estate MST/hm encl. pc: Joseph Furber, Executor Mary Breymeier, Executrix c~ ~© (~:~ ~ r~-n cs t -; t 1-.~~rn- r• , ~:1 C: CJ] ~ W ~. ` ~ :"l r'~ Q ~ i ~ _ --; ti~ ~ `Y } i ~ ~~ ~_~. - ~, GJ