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HomeMy WebLinkAbout08-21-08IN RE: Estate of Walter M. Fickes, IN THE COURT OF COMMON PLEAS Deceased CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS COURT DIVISION ~, r~ ~_~ ~. _~~ No. a 1 t~ ~ ~~~1 -- _ .~~ PETITION FOR PROBATE OF COPY OF LAST WILL-~'%^~ ~ _; AND GRANT OF LETTERS ~ . , - -`-' ~~ -=± .. rv TO THE HONORABLE REGISTER OF WILLS OF CUMBERLAND COUNTY; AND NOW, comes the Petitioner, Virginia J. Fickes, by and through her attorney, George F. Douglas, III, and avers the following in support of this Petition: 1. Petitioner is Virginia J. Fickes, an adult individual, residing at 445 Carlisle Road, Newville, Cumberland County, Pennsylvania 17241. 2. Petitioner is the wife of the decedent, Walter M. Fickes. 3. The decedent, Walter M. Fickes, was domiciled at death in Cumberland County, Pennsylvania with his principal residence at 445 Carlisle Road, Newville, Cumberland County, Pennsylvania 17241. 4. Decedent, then age 66 years, died on March 7, 2008 in Fawcett Memorial Hospital, Port Charlotte, County of Charlotte, Florida. 5. The decedent is survived by his wife and Petitioner, Virginia J. Fickes and his two adult sons, W. James Fickes and Bradley E. Fickes. 6. The decedentlTestator executed his Last Will and Testament on July 6, 2005 SAIDIS, FIAWER Si LINDSAY Z6 Wesc High Street Carlisle, PA and Petitioner is named the Executrix in decedent's Will dated July 6, 2005. (A copy of the Last Will and Testament is attached as Exhibit "A". 7. At the time that Testator Executed his Last Will and Testament, Testator was of testamentary capacity. 8. A diligent search has been made since Testator's death and the original Will has not been found; however, a copy of the last Will and Testament has been located. 9. The contents of the Last Will and Testament are as stated in the copy located and attached hereto as Exhibit "A". 10. The last Will and Testament executed by the Testator on July 6, 2005 was never revoked by the Testator. 11. In the Last Will and Testament, his wife and his two sons are named the residual heirs of the Testator's estate. 12. The decedent's estate consists of tangible and intangible property along with real estate totaling in excess of $100,000.00. WHEREFORE, Petitioner respectfully requests the probate of the copy of the Last Will and Testament, dated July 6, 2005, presented with this Petition and the grant of letters in appropriate form to Virginia J. Fickes. Respectfully submitted, SAIDIS, FLOWER & LINDSAY ;~ ~r George F. Douglas II ,Esquire Supreme Court ID No. 61886 26 West High Street Carlisle, PA 17013 717-243-6222 Dated: F ~' ~ ~ a ~ SAIDIS, >F~OWER & LINDSAY ,~.~.~W 26 West High Street Carlisle, PA VERIFICATION I verify that the statements made in the foregoing document are true and correct. I SAIDIS, FLOWER ~ LINDSAY ,~~.~.aW 26 West High Street Carlisle, PA understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to Date: ~' ~ 13 1 ~ ~~~ ~ ~~ Q LAST WILL AND TESTAMENT ~f OF WALTER M. FICKES I, WALTER M. FICKES, of Newville, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby make, publish and declare this as and for my Last Will and Testament, hereby revoking all other Wills and Codicils heretofore made by me. FIRST I direct the payment of my just debts and expenses of my last illness and SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEI'S•AT• LA W 2109 Market Street Camp Hill, PA funeral from my estate as soon after my death as conveniently may be done. If there be no cemetery lot available for my interment owned by me at the time of my death, I authorize my personal representative to purchase such cemetery lot with a contract for perpetual care, using therefor funds from my estate in such amount as slhe shall consider necessary and desirable, and I authorize my personal representative to cause title to or ownership of such lot so purchased to be vested in such person as my personal representative shall designate. Further, I authorize my personal representative to expend funds from my estate, in such amount as my personal representative shall consider necessary and desirable for the purchase, erection and inscription of a suitable marker for my grave. SECOND DISCLAIMER TRUST: tf my wife survives me for a period of thirty (30) days but disclaims in whole or in part any property or interest in the marital deduction gift, such property or interest so disclaimed shall be distributed to my hereinafter named trustee as a Disclaimer Trust, to be held and distributed as follows: A. During the lifetime of my wife, VIRGINIA J. FICKES, my trustee shall pay and distribute to her or for her benefit the entire net income therefrom, which payments shall be made to her periodically but not less frequently than quarterly. In addition, trustee shall from time to time pay to my wife, or shall apply directly for her benefit, as much of the principal of the Disclaimer Trust as my trustee may consider desirable for her health, maintenance and support, after considering all resources available to her. B. Upon the death of my wife, my trustee shall distribute the principal and SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEI'S• AT• IA W 2109 Market Street Camp Hill, PA any accrued and undistributed income of the Disclaimer Trust, in equal one-half (1/2) shares to my sons, W. JAMES FICKES and BRADLEY E. FICKES, or their issue, per stirpes. THIRD MARITAL DEDUCTION GIFT: If my wife, VIRGINIA J. FICKES, survives me, I give the rest, residue and remainder of my estate outright to her free of all trusts. If my wife disclaims all or any part of her interest in this residuary gift, such disclaimed property shall be added to and be held and distributed in accordance with the terms of the Disclaimer Trust. 2 FOURTH In the event my wife does not survive me, I give the rest, residue and remainder of my estate in equal shares to my sons, W. JAMES FICKES and BRADLEY E. FICKES, or their issue, per stirpes. FIFTH If my wife and I should die under circumstances that render the order of our deaths uncertain, for the purposes of the residuary marital gift, it shall be conclusively presumed that my wife survived me. SIXTH SAIDIS SNUFF, FLOWER & LINDSAY ATTORNEI'S•AT•LA W 2109 Market Street Camp Hill, PA No interest in income or principal shall be assignable by a beneficiary or available to anyone having a claim against a beneficiary before actual payment to the beneficiary. SEVENTH My executor and trustee and their successors shall have the following powers in addition to those given by law to be exercised by them in their absolute discretion, which powers shall be applicable to all property held by them, effective without the order of any court and until the actual distribution of all such property: A. To retain any investments at discretion including stock of any corporate fiduciary hereunder or of a holding company controlling it; B. To invest and reinvest in the executor's or trustee's discretion as permitted under Act 28 of 1999, the "Prudent Investor Act," with the specific right to invest in stocks, bonds and real estate, including non-income producing residential real estate for the occupancy of any present income beneficiary or beneficiaries, successor or affiliated corporation or a holding company controlling it, as my executor and trustee deem appropriate; C. To sell, to grant options for the sale of, or otherwise convert any real or personal property or interest therein, at public or private sale, for such prices, at 3 such time, in such manner and upon such terms as they may think proper, and to execute and deliver good and sufficient conveyances, assignments and transfers thereof without liability of any purchaser to see to the application of the purchase SAIDIS SHUFF, FLOt~ER & LINDSAY ATTORNEl'S•AT•LA W 2109 Market Street Camp Hill, PA money; D. To borrow money and to secure the repayment thereof by mortgage of real or personal property, pledge of investments or otherwise, without liability on the part of the lenders to see to the application thereof, E. To compromise claims by or against my estate or any trust created hereunder; F. To allocate and distribute different kinds or disproportionate shares of property or undivided interests in property among beneficiaries or trusts, in cash or in kind, or partly in each; G. To register investments in the name of a nominee or to hold the same unregistered in such form that they will pass by delivery; H. To join in any recapitalization, merger, reorganization or voting trust plan affecting investments; to deposit securities under agreement; to subscribe for stock and bond privileges; and generally to exercise all rights of security holders; 1. To manage, operate, repair, alter or improve real estate or other property, and to lease real estate and other property upon such terms and for such period as my executor and trustee deem advisable even for more than five (5) years and beyond the duration of any trust; J. To deduct administration expenses upon either the federal estate tax return or fiduciary income tax return with or without adjustment as between principal and income, as my corporate or disinterested executor shall determine; K. To join with my wife and file any income tax or gift tax returns that may be due on my behalf and to pay so much of such taxes as my corporate or disinterested executor may deem appropriate and to consent to any gifts made by my wife being treated as having been made one-half (1/2) by me; M. To associate with them at any time, in their absolute discretion and of their choice, a corporate fiduciary which shall have the same powers as my executor or trustee, such designation by my executor or trustee and acceptance by a corporate fiduciary to be in writing; L. To associate with them in the absence of a corporate fiduciary, an accountant, custodian and investment advisor, and other agents and to compensate them from principal or income or both, as my executor or trustee shall determine; 4 N. To delegate to a corporate fiduciary the exercise of any powers, with the same effect as if the executor or trustee delegating such power had joined in the exercise of such power, and to revoke any such power, provided, however, that the revocation of any such delegation shall be in writing delivered to and accepted by the corporate fiduciary; SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEI'S•AT•LAW I 2109 Market Street ' Camp Hill, PA O. To combine, without prior court approval, any trust herein with any other trust with substantially similar provisions, although such other trust may have been created by separate instruments and by different persons, and, if necessary to protect different future interests, to value the assets at the time of such combination and to record the proportionate interest of each separate trust in the combined fund; provided however, that no such combination shall be permitted if the effect of such combination would be (1) to violate the applicable rule against perpetuities; or (2) to disqualify any interest in one or more of such trusts for a deduction for federal estate tax purposes which would otherwise be allowable; P. To exercise any stock options which they may receive; to borrow such funds from any source as my executor or trustee may deem necessary for the exercise of such options; and to pledge assets as my executor or trustee deems appropriate for this purpose; Q. To permit any present beneficiary to occupy any real estate forming part of the trust estate without rent or on such other terms and conditions as the disinterested or corporate trustee shall determine; R. No fiduciary shall be required to qualify before, be appointed by, or, in the absence of a breach of trust, account to any court (and failure to account alone shall not be considered such a breach); nor shall fiduciary be required to obtain the order or approval of any court in the exercise of any power or decision granted hereunder; S. To disclaim any interest in property without court approval; and T. To do all other acts and things necessary or appropriate in the management, administration and distribution of my estate or trust. EIGHTH My executor and trustee shall pay all estate and inheritance taxes which shall be payable with respect to property passing under my will out of the Disclaimer Trust without apportionment. Only to the extent the Disclaimer Trust is 5 insufficient or unless my wife predeceases me shall any such payments be made from my residuary estate. NINTH I appoint my wife, VIRGINIA J. FICKES, as executrix of my will. If my wife, VIRGINIA J. FICKES, is unable or unwilling to qualify as executrix, or having qualified is unable or unwilling to continue to act, I appoint my sons, W. JAMES FICKES and BRADLEY E. FICKES, to act jointly as Co-Executors. TENTH I appoint my wife, VIRGINIA J. FICKES, as my trustee. In the event that my trustee shall be unwilling or unable to server or to continue to serve, I appoint my sons, W. JAMES FICKES and BRADLEY E. FICKES, and the survivor of them, to act jointly as Successor Co-trustees. ELEVENTH I direct that no fiduciary hereunder shall be required to furnish bond in any jurisdiction, and if any bond is necessary, no surety shall be required. IN WITNESS WHEREOF, I, WALTER M. FICKES, have hereunto set my SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEI'S•AT•LA W 2109 Market Street Camp Hill, PA hand and seal to this my Last Will and Testament, consisting of seven (7) typewritten pages, the first six (6) of which bear my signature in the margin for identification, this t~~ day of , 2005. WALTER M. FICKES, Testator 6 Signed, sealed, published and declared by the above-named WALTER M. SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS•AT•LA W 2109 Market Street Camp Hill, PA FICKES, Testator, as and for his Last Will and Testament in the presence of us, who have hereunto subscribed our names at his request as witnesses thereto, in the presence of said Testator and of each other. ADDRESS L1~ ~ ~ ~ ADDRESS ~~ `'~~ Z,~,~ ~ C~~~•, t7~~~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. We, WALTER M. FICKES, 7~40~~5 ~. ~ rt~~rZ and ~~~~,~ ~ ~- t3~,~,Cr t~s the Testator and witnesses, respectively whose names are signed to the foregoing or attached instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as his Last Will and Testament and that he signed willingly and that executed as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testator signed the Will as witnesses and that to the best of their knowledge the Testator was at the time eighteen (18) or more years of age, of sound mind and under no constraint or undue influence. I s WALTER M. -FICKES ~~>`~ Witness ,~~~~_ --~ F !~ /^ ,; Witness