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HomeMy WebLinkAbout10-13-08r u e ~ ,/1,11\, IIII~ Iill 1 ~1 101 11J S & SINON LLP Shawn D. Funk ph (717) 231-6671 fx (717) 231-6676 sfunk@rhoads-sinon. com FILE NO: 291$/02 October 10, 2008 Re: Estate of Evelyn B. Ulrich Ms. Glenda Farner-Strasbaugh VIA FEDERAL EXPRESS c7 , _; Register of Wills ~ O ~' -- :: Cumberland County Courthouse ..' ~ r~ < ~ > = 1 Courthouse Square =~ ~~,.;~-, ._ _: ~-' Carlisle, PA 17013 . _ ~ ~ ~ T w = _ ~ __ Cam.` ` :, ..~ ~ Dear Ms. Farner-Strasbaugh ~~ ~ ~ -~, N _ ,:' ~" ~ cry ~ ? We are submitting to you for probate the original Will of Evelyn B. Ulrich who passed may 1 on October 3, 2008, a resident of Cumberland County. Enclosed are the following documents: 1. Original Will dated January 25, 2002. 2. Original Death Certificate. 3. Petition for Probate and Grant of Letters. Please note that the Oath of the Executor was taken by the Register of Wills of Dauphin County. 5. Estate Information Sheet. 6. Check in the amount of $452.00 representing payment of probate fees and the cost of five Short Certificates. 7. Stamped, self-addressed return envelope. We have enclosed a copy of Petition for Probate and Estate Infonmation Sheet and ask that r~ you time-stamp and return these copies to us in the envelope provided. ~~ ~. ~~-~a~~~' If you have any questions or require additional information, please contact the undersigned. Very truly RHOADS & By: Enclosures cc: Mr. Joseph A. Macri, M&T Bank 7]7429.1 Rhoads 6r Sinon LLP Attorneys at Law Twelfth Floor One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 • ph (717) 233-5731 fx (717) 232-1459 • www.rhoads-sinon.com PETITION FOR PROBATE AND GRANT OF LETTERS " ~ ~ -' ' `` ' REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANI~G~~ OCT ~ ~ ~~ I2~ OS Estate of Evelm B. Ulrich File Number O y ~ ` ~~°" O ;~~ }=,'.( (~ also known as Evelm L. Ulrich ~~PF'~ ~\r.~, r ~J~ }~T ,Deceased Social Security Number ~,r-r ~ ~ ~~^; ~~ Manufacturers and Traders Trust Comnanv, Successor to Allfirst Trust Company of Pennsylvania N A ~ '~ ' " Pehttoner(s), who ls/are 18 years of age or older, apply(tes) for: (COMPLETE `A' OR B' BELOW:) ® A. Probate and Grant of Letters Testamentary and aver that Petitioner is the Executrix named in the last Will of the Decedent dated January 25, 2002 and no Codicil Decedent named her husband Samuel D. Ulrich as Co-Executor with Allfirst Trust Com an of Penns Ivania N.A. The said Samuel D. Ulrich died January 21.2007. (State relevant circumstances, e.g. renunciation, death of executor, etc.) Except as follows, Decedent did not many, 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 of a killing and was never adjudicated an incapacitated person: ^ B. Grant of Letters of Administration (If applicable, enter: c.t.a; d.b.n.c.t.a.; pendente life; durante absentia; durante minoritate) Petitioner(s) after a proper seazch has/have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: (If Administration, c.t.a or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) Name Relationshi Residence (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with her last principal residence at 222 Messiah Circle Mechanicsbure, Upper Allen Township Cumberland County Pennsylvania 17055 (List street address, town/city, township, county, state, zip code) Decedent, then 89 years of age, died on October 3, 2008 at Harrisbur¢ Hospital. Harrisburg Pennsylvania Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal Property $ 500.000 (If not domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $ TOTAL $ 5 0 0, 0 0 0 situated as follows: Wherefore, Petitioner(s) respectively 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: Si afore T or rinted name and residence Manufacturers and Traders Trust Company, successor to Allfirst ~ ~., ~ ~'-'•---~ Trust Company of Pennsylvania, N.A. 213 Market Street ~- Harrisbur , PA 17101 V 7]6810.1 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA COUNTY OF ?~~0~ OC i ! 3 PPS 12~ 08 ss GL~:i=s:~:. ~~ Q~PH~',w~„ r ;~~i JRT C~P~:i t ~ ~ ~ . _~ ~ "''~ ~'A 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 belief of Petitioner(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 affirm and subscribed Before me the ,() ~ day of ~, ,?FV~ For the Register ~ c,~-`-~ ign re of Personal Repres Signature of Personal Representative Signature of Personal Representative File Number: 02~- 02~ ~` /~ Estate of Evelvn B. Ulrich ,Deceased Social S ty Number 161-20-0938 Date of Death: October 3, 2008 AND NOW, ~~pbP.r ~~ oZ~o~ in consideratiop~f a foreg ing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters ~ C are hereby granted to Manufacturers and Traders Trust Company in the above estate and that the ins ent(s) dated ~ ~,tp ~ e?S, c?CK~~ described in the Petition a admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. FEES ~ 00 Letters .......................$ Short Certificate........... $ 107. av Renunciation s).. ...... $ ~d(~ .... $~- .... $ I~ ,-4~~ .... $sw .... $ .... $ .... $ .... $ .... $ ...... $ TOTAL ................ $ Regi ~ W' 1 c~~ ~'g"~ ~~ ~ y Signature: Attorne Attorney Name: Stanley A. Smith Supreme Court I.D. No.: 33782 Address: c/o Rhoads & Sinon LLP P.O. Box 1146 Harrisburg, PA 17108-1146 Telephone: 717-233-5731 { 7 LAST WILL AND TESTAMENT OF EVELYN B. ULRICH `- ~ r'V] 1 ~. p ~ CLS ?] _~Y ~ _a_ C7 ~ ~ z ~ r-; _~ ~„ ~..~ ~. ~ _~ _ ~~ --t N O I, EVELYN B. ULRICH, of Paxtang, Dauphin County, Pennsylvania, being of sound and disposing mind and memory, do make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils by me at any time previously made. I am married to SAMUEL D. ULRICH (hereinafter referred to as "My Spouse"). 1. TANGIBLE PERSONALTY. I give and bequeath all of my household furniture and furnishings, automobiles, other motor vehicles, books, pictures, jewelry, china, crystal, appliances, silverware, wearing apparel, articles of household or personal use or adornment, collections, artworks, boats and recreational equipment and vehicles, together with all policies of insurance thereon, to My Spouse, if My Spouse survives me. If My Spouse does not survive me, I give such articles to my then living children in as nearly equal shares as they shall select under the supervision of my Executor. If any such articles cannot be aiszss.i page 1 of 14 pages fairly divided or distributed in kind in the opinion of my Executor, such articles shall be sold and the proceeds thereof shall pass as a part of my residuary estate. 2. UNIFIED CREDIT TRUST. I give, devise and bequeath to my Trustee hereinafter named, IN TRUST NEVERTHELESS, to be held, administered and disposed of in accordance with this ITEM for the benefit of My Spouse and my issue (herein referred to as the "Unified Credit Trust") an amount equal to the sum of the balance of the dollar amount not taxed in my estate due to the application to my estate of (i) the applicable credit amount against federal estate tax permitted under Section 2010 of the Internal Revenue Code of 1986, as amended, or any subsequent successor or parallel provision thereto (the "Applicable Credit Amount"), after deducting therefrom the value, for federal estate tax purposes, of (a) assets included in my federal gross estate which pass or have passed other than under the terms of this Will and which will utilize a portion of the Applicable Credit Amount, (b) any bequests under the preceding ITEMS of this will which will utilize a portion of the Applicable Credit Amount and (c) adjusted taxable gifts not included in my federal gross estate Page 2 of 14 but included in the computation of the tentative federal estate tax in my estate; and (ii) the state death tax credit allowed for federal estate tax purposes (but only to the extent its use will not increase any Death Taxes, other than Pennsylvania Inheritance or Pennsylvania Estate Taxes, owing by my estate). My Trustee shall have, hold, manage, invest and reinvest the assets of the Unified Credit Trust, collect the income and (a) If My Spouse survives me, beginning at my death, my Trustee shall pay over the net income of the Unified Credit Trust to My Spouse during My Spouse's lifetime, in installments not less frequently than quarterly. In addition, my Trustee shall pay to My Spouse such amounts of the principal of such trust as, in the sole discretion of my Trustee, shall be necessary for the maintenance, support and medical and nursing care of My Spouse, taking into consideration any other means readily available for such purposes. (b) Upon the death of the survivor of My Spouse and me, my Trustee shall distribute the principal and any undistributed income of the Unified Credit Trust to my issue then living, per stirpes; provided, however, that should any such issue be the issue of a deceased child of mine and shall not then have attained the age of twenty-one years, each such issue's share shall be retained by my Trustee, IN TRUST NEVERTHELESS, each to be held, administered and disposed of as a separate trust estate in accordance with ITEM 4 for the benefit of each such issue (the "Grandchild's Trust"). 3. RESIDUE. I give, devise and bequeath all of the rest, residue and remainder of my property, real, personal and Page 3 of 14 mixed, not disposed of in the preceding portions of this Will, including all property over which I hold a power of appointment (which powers of appointment I hereby exercise in favor of my estate), to My Spouse, if my Spouse survives me. If My Spouse does not survive me, I give and bequeath said residue to my issue then living, per stirpes; provided, however, that should any such issue be the issue of a deceased child of mine and shall not then have attained the age of twenty-one years, each such issue's share shall be retained by my Trustee, IN TRUST NEVERTHELESS, each to be held, administered and disposed of as a separate trust estate in accordance with ITEM 4 for the benefit of each such issue (the "Grandchild's Trust"). 4. GRANDCHILD'S TRUST. My Trustee shall have, hold, manage, invest and reinvest the assets of each Grandchild's Trust, collect the income and (a) Until the beneficiary of the Grandchild's Trust (the "Grandchild") shall have attained the age of twenty-one years, my Trustee shall from time to time pay to or for the benefit of the Grandchild such amounts of the net income and principal of the Grandchild's Trust as, in the sole discretion of my Trustee, shall be necessary for the Grandchild's maintenance, support, medical and nursing care and education, including college and graduate education, taking into consideration any other means readily Page 4 of 14 available for such purposes. At the end of each year any unexpended income shall be added to the principal of the Grandchild's Trust. (b) After the Grandchild shall have attained the age of twenty-one years, my Trustee shall distribute the remaining principal and any undistributed income of the Grandchild's Trust outright to the Grandchild. If the Grandchild shall have died before attaining that age, my Trustee shall distribute the then remaining principal and any undistributed income to the issue then living of the parent of the Grandchild who was a child of mine, per stirpes, or, if such parent shall have no issue then living, to my issue then living, per stirpes; provided, however, in either event, if any such beneficiary is then a beneficiary of a Child's Trust or Grandchild's Trust hereunder, the share of such beneficiary shall be added to the principal of such Child's Trust or Grandchild's Trust as if an integral part thereof, to be held, administered and disposed of in accordance with the terms thereof. 5. SPENDTHRIFT PROVISION. No interest in income or principal of my estate or any trust created hereunder shall be subject to attachment, levy or seizure by any creditor, spouse, assignee or trustee or receiver in bankruptcy of any beneficiary of my estate or of any trust created hereunder prior to the beneficiary's actual receipt thereof. My Executor or Trustee shall pay over the net income and the principal to the beneficiaries herein designated, as their interests may appear, without regard to any attempted anticipation (except as may be Page 5 of 14 specifically provided herein), pledging or assignment by any beneficiary of my estate or of any trust created hereunder and without regard to any claim thereto or attempted levy, attachment, seizure or other process against said beneficiary. 6. SURVIVAL PRESUMPTIONS. Any person who shall have died at the same time as I or under such circumstances that it is difficult or impossible to determine who shall have died first, shall be deemed to have predeceased me. Any person other than me who shall have died at the same time as any then beneficiary of income of my estate or a trust created hereunder or under such circumstances that it is difficult or impossible to determine who shall have died first, shall be deemed to have predeceased such beneficiary. 7. FIDUCIARY POWERS. In the settlement of my estate and during the continuance of any trust created hereunder, my Executor and my Trustee shall possess, among others, the following powers, exercisable without prior court approval, but in all cases to be exercised for the best interests of the beneficiaries: (a) To retain any investments I may have at my death so long as my Executor or Trustee may deem it Page 6 of 14 advisable to my estate or trust so to do, including securities owned, issued or underwritten by any corporate Executor or Trustee or any of their affiliates. (b) To vary investments, when deemed desirable by my Executor or Trustee, and to invest in such bonds, stocks, notes, real estate mortgages or other securities or in such other real or personal property, including securities owned, issued or underwritten by any corporate Executor or Trustee or any of their affiliates, or as to which my corporate Executor or Trustee or any of their affiliates are investment advisors, as my Executor or Trustee shall deem wise, without being restricted to so called "legal investments". (c) In order to effect a division of the principal of my estate or trust or for any other purpose, including any final distribution of my estate or trust, my Executor or Trustee is authorized to make said divisions or distributions of the personalty and realty partly or wholly in kind. If such division or distribution is made in kind, said assets shall be divided or distributed at their respective values on the date or dates of their division or distribution. In making any division or distribution in kind, my Executor or Trustee shall divide or distribute said assets in a manner which will fairly allocate any unrealized appreciation among the beneficiaries. (d) To sell either at public or private sale and upon such terms and conditions as my Executor or Trustee may deem advantageous to my estate or trust, any or all real or personal estate or interest therein owned by my estate or trust severally or in conjunction with other persons or acquired after my death by my Executor or Trustee, and to consummate said sale or sales by sufficient deeds or other instruments to the purchaser or purchasers, conveying a fee simple title, Page 7 of 14 free and clear of all trust and without obligation or liability of the purchaser or purchasers to see to the application of the purchase money or to make inquiry into the validity of said sale or sales; also, to make, execute, acknowledge and deliver any and all deeds, assignments, options or other writings which may be necessary or desirable in carrying out any of the powers conferred upon my Executor or Trustee in this paragraph or elsewhere in this Will. (e) To mortgage real estate and to make leases of real estate for any term. (f) To borrow money from any party, including my Executor or Trustee, to pay indebtedness of mine or of my estate or trust, expenses of administration, Death Taxes or other taxes. (g) To pay all costs, expenses, legally enforceable debts, funeral expenses and charges in connection with the administration of my estate or trust. (h) To vote any shares of stock which form a part of my estate or trust and to otherwise exercise all the powers incident to the ownership of such stock and to actively manage and operate any incorporated or unincorporated business, including any joint ventures and partnerships, and to incorporate any such unincorporated business, with all the rights and powers of any owner thereof. (i) In the discretion of my Executor or Trustee, to unite with other owners of similar property in carrying out any plans for the reorganization of any corporation or company whose securities form a part of my estate or trust. (j) To assign to and hold in my estate or trust an undivided portion of any asset. Page 8 of 14 (k) To hold investments in the name of a nominee. (1) To compromise controversies. (m) To disclaim, in whole or in part, any and all interests in property owned by me at the time of my death, including those passing to me by Will, intestacy, contract, joint ownership, operation of law or otherwise. (n) To divide any trust hereunder into two or more separate, but identical, trusts. To divide any trust hereunder which would have a generation skipping transfer tax inclusion ratio other than one (1) or zero (0), into two (2) separate trusts which are fractional shares, known as the "exempt trust" and the "nonexempt trust". The exempt trust is that fractional share of the total trust fund that has a generation skipping transfer tax inclusion ratio of zero (0), and the nonexempt trust is the remaining factional share of the trust, with a generation skipping transfer tax inclusion ratio of one (1) The terms and conditions of the nonexempt trust and the exempt trust will be identical. Any reference to a trust created under this Will, without a further specification or limitation, shall be deemed to refer to both the exempt trust and the nonexempt trust, in proportionate amounts, where relevant. The assets of each separate exempt and nonexempt trust shall be held, administered and invested as separate trusts, and my Trustee shall maintain adequate accounting and records for both such trusts. My Executor shall indicate on the federal estate tax return filed for my estate that separate trusts will be created (or funded) and clearly set forth the manner in which the trust is to be severed and the separate trusts funded. (o) To designate one or more persons or a corporation to act as ancillary fiduciary in any Page 9 of 14 jurisdiction in which ancillary administration may be necessary, such ancillary fiduciary to serve without bond or security and to have all powers, authorities and discretions conferred hereunder. (p) To employ and compensate from income or principal, in the discretion of my Executor or Trustee, investment and legal counsel, accountants, brokers and other specialists, and, whenever there shall be no corporate Executor or Trustee in office, a corporate custodian, and to delegate to investment counsel discretion with respect to the investment and reinvestment of any or all of the assets held hereunder. 8. EXCULPATORY CLAUSES. In the settlement of my estate: (a) My Executor shall not be personally liable for any loss to my estate or to any beneficiary of my estate resulting from an election made in good faith to claim a deduction as an income tax deduction or as an estate tax deduction. (b) In valuing property in my gross estate for the purposes of any Death Tax, my Executor shall not be personally liable for any loss to my estate or to any beneficiary of my estate resulting from my Executor's decision made in good faith to use a particular valuation date. 9. TAX CLAUSE. All inheritance, estate and similar taxes becoming due by reason of my death ("Death Taxes"), whether such Death Taxes shall be payable by my estate or by any recipient of any property, shall be paid by my Executor out of Page 10 of 14 the property passing under ITEM 3 of this Will as an expense and cost of administration of my estate; provided, however, that if any property held in any testamentary or inter vivos trust created by My Spouse is includable in my estate for purposes of any Death Tax, then any Death Tax attributable to the inclusion of any such property in my estate for the purposes of that Death Tax shall be paid out of such property or by the recipients of such property; and, if such Death Taxes are nevertheless paid by my Executor, I direct my Executor to obtain reimbursement or contribution for any such taxes paid by my Executor. Except to the extent above provided, my Executor shall have no duty or obligation to obtain reimbursement for any Death Taxes paid by my Executor, even though paid with respect to proceeds of insurance or other property not passing under this Will. 10. TRUST TERMINATIONS. (a) If there should be established by My Spouse, either by Last Will and Testament or by inter vivos Deed or Agreement, trusts similar to the trusts herein established for the benefit of my issue, my Trustee shall have the right and power to merge trusts herein established with similar trusts for the same beneficiaries established by My Spouse and to operate each of the merged trusts as a single trust. Page 11 of 14 (b) If, in the opinion of my Trustee, at any time any trust hereunder is or becomes too small to justify its maintenance as a separate trust, my Trustee, in my Trustee's sole discretion and without the necessity of court approval, shall terminate such trust by distributing all the income and principal of the trust to the then income beneficiary of said trust. If any additions to any such trust are received after its termination under this ITEM, such trust shall be revived and this provision shall continue to apply to it. 11. EXECUTOR POWERS REGARDING BASIS ADJUSTMENT. I hereby authorize my Executor in my Executor's sole and absolute discretion to allocate any adjustments to the income tax basis of assets of my estate to such assets as my Executor deems to be appropriate. I recognize that this power gives my Executor broad latitude, which I wish my Executor to exercise while taking into account such factors as my Executor deems beneficial to all of the beneficiaries of my estate. My Executor shall not be liable for any loss to my estate or to any beneficiary of my estate resulting from such allocation made in good faith. 12. EXECUTOR APPOINTMENT. I hereby appoint My Spouse, SAMUEL D. ULRICH, and ALLFIRST TRUST COMPANY OF PENNSYLVANIA, N.A., as Executors of this Will. If for any reason either of them should fail or cease to act, the other shall act or continue Page 12 of 14 to act with all of the powers granted to the two of them. All references in this Will to my "Executor" shall refer to my originally named Executors or to my sole successor Executor, as the case may be. 13. TRUSTEE APPOINTMENT. I hereby appoint ALLFIRST TRUST COMPANY OF PENNSYLVANIA, N.A., as Trustee of any trust created hereunder. My Spouse shall be authorized, by written notice directed to the Trustee, to remove any corporate Trustee, for any reason, without cause and without Court approval, and replace said corporate Trustee with another corporate Trustee having fiduciary powers. Any Trustee serving hereunder shall have the right to resign from such office at any time, with or without cause and without Court approval. No successor Trustee shall be liable for the actions of a resigning or removed Trustee occurring prior to such successor Trustee taking office. All references in this Will to my "Trustee" shall refer to my originally named Trustee or to a successor Trustee, as the case may be. 13. WAIVER OF BOND; FIDUCIARY FEES. My Executor and Trustee shall qualify and serve without the duty or obligation of Page 13 of 14 filing any bond or other security. Any corporate fiduciary shall be entitled to compensation for services in accordance with the standard schedule of fees in effect when the services are rendered. Compensation payable to my individual fiduciary shall be in addition to that payable to the corporate fiduciary. IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and Testament, consisting of this and the preceding thirteen (13) pages, this ~~ day of~ 2002. ( SEAL ) Evel B. Ulrich We, the undersigned, hereby certify that the foregoing Will was signed, sealed, published and declared by the above- named Testatrix as and for her Last Will and Testament, in the presence of us, who, at her request and in her presence and in the presence of each other, have hereunto set our hands and seals the day and year above written, and we certify that at the time of the execution thereof, the said Testatrix was of sound and disposing mind memory. I L) Residing at : (~r' ~-~-~ ~' ~n~~ ~-`.~ (SEAL) Residing at : ( Q~ . Q~~y ~- ~? c v~r ,v~o y~ ~ ~ Page 14 of 14 COMMONWEALTH OF PENNSYLVANIA ''n SS: COUNTY OF '" 1 . ~~nn ~~, , We, Evelyn .B . Ulrich, f~UU~~ ~ ~l~`1~{.Othe Testatrix and respectively, whose names are signed to having been sworn, do hereby declare to that the Testatrix, in the presence of and the Witnesses, the foregoing instrument, the undersigned officer .he Witnesses, signed said instrument as her Last Will and Testament, that she signed voluntarily, that each of the Witnesses, in the presence of the Testatrix and of each other, signed said Will as a Witness and that to the best of the knowledge of each Witness, the Testatrix was at the time of sound mind and under no constraint or undue influence. Subscribed and acknowledged before me by EVELYN B. ULRICH, the Testatrix, and subscribed and sworn to before me by ~~u UV • ~~~~~- and ~~~.Q, ~1 ~s~ the Witnesses, on this ~~~h day of ~~~-~~~ ~, 2002. Notary PLfblic My Commission Expires: (SEAL) Dana L. Wlese~n n, N~ Cityy of Harriabur o~ 1'ubiic MY Commission ExPu~Nov 13~20p4 r,