HomeMy WebLinkAbout11-07-08In Re: Estate of Elizabeth W. Detweiler
Deceased, Late of the Township
of Silver Spring, Cumberland
County, Pennsylvania
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 21-08-0571
ORPHANS' COURT DIVISION /
REGISTER OF WILLS ~' ~-~ ~`~~ 3
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DISCLAIMER BY DECEDENT'S NEPHEW, CHARLES G. '1"1
WOOD. Z
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IN ACCORDANCE WITH 20 Pa. C.S.A. § 6201 ~ ° ~=~ ~`~'
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1. Elizabeth W. Detweiler, departed this earthly life on April 30, 2008, at Messiah Village,
in the Township of Upper Allen, Cumberland County, Pennsylvania. Decedent also had a separate
mailing address at the time of 24 Longwood Drive, Mechanicsburg, Silver Spring Township,
Cumberland County, Pennsylvania 17050.
2. Decedent was an unremarried widow and was childless.
3. Decedent's probate estate consisted of one parcel of real estate and numerous bank
accounts, Certificates of Deposit and negotiable securities such as common stock in publicly traded
corporations. The entire gross value of decedent's estate is approximately $1,500,000.00.
4. The probate estate is subject to the payment of inheritance taxes, costs, fees, expenses
and debts. The said probate estate is well more than sufficient to bear the payment of the same with no
danger of insolvency.
5. Decedent's nephew, Charles G. Woods, is not indigent, necessitous nor impoverished
and has sufficient means and property of his own to comfortably maintain himself in the style to which
he is accustomed.
6. Letters Testamentary were duly and properly granted to Helen Biddle by the Register of
Wills in and for Cumberland County on the 27`h day of May 2008.
7. Under the terms of decedent's duly probated Last Will and Testament dated February 2,
2006 (a true and correct copy of which is attached hereto and made a part hereof), a series of specific
bequests are made in Item 2. All of the said bequests have been timely paid in full. Item 3 therein
provides that the residue of the Estate is to be divided into three (3) equal shares among decedent's
niece, Jeannette Byington, nephew, Charles G. Woods (the Disclaimant herein), and nephew, Dr. Kim
B. Woods. All of the said three (3) have survived decedent and continue to survive. More importantly
said Item 3 contains a direction that if the said Charles G. Woods fails to survive the testatrix, then his
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wife, Lois Woods, is to be substituted in his place and stead to all rights of inheritance provided she
has survived the testatrix. The said Lois Woods has so survived and continues to survive.
8. All of the aforementioned individuals in Paragraph 7 above are adult individuals and are
com os mentis.
7. In addition to the aforementioned probate assets, it is alleged by PNC BANK that there
are non-probate assets in the form of Certificates of Deposits held in joint tenancy with right of
survivorship between decedent and the said Charles G. Woods, her nephew, as follows, to wit:
Account No.: 31600257532
D. O. D. balance: $35,406.28
Accrued Interest: $51.99
Account No.: 31200270621
D. O. D. balance: $11,301.61
Accrued Interest: $12.53
Account No.: 31000287977
D. O. D. balance: $32,742.85
Accrued Interest: $31.74
Account No.: 31600303790
D. O. D. balance: $37,271.62
Accrued Interest: $0.00
Account No.: 31700325461
D. O. D. balance: $66,411.26
Accrued Interest: $70.76
The combined value of all the said Certificates of Deposit and interest accrued thereon to the
date of death totals $183,300.64. (See copy of valuation letter attached hereto).
8. It is strongly believed that the joint titling of said Certificates by PNC BANK is an
error based on counsel's discussions with decedent from time to time and also based on Charles G.
Wood's service time as Power of Attorney for his aunt, the decedent.
9. PNC BANK, at counsel's request, has made repeated and diligent efforts to locate
the original account opening documents relevant to the Certificates of Deposit abovementioned.
Despite such efforts, PNC BANK has been unable to locate the said original opening documents. (See
letter of October 2, 2008 addressed to counsel and signed by Ben DeBell, Branch Manager).
10. Charles G. Woods has accepted no benefits from any of the aforesaid Certificates of
Deposit as to principal or income accumulated thereon, nor has he exercised any dominion over the
same, except in his capacity for a limited time as agent under his said Aunt's Power of Attorney.
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11. Charles G. Woods desires to disclaim any and all right, title and interest in or to the
one-half (1/2) survivorship interest and the accrued interest thereon in the said Certificates. He has the
right to do so under PEF Code Section 6201 which reads in pertinent part: "A person to whom an
interest in property would have devolved by whatever means, including ... a joint tenant with right of
survivorship ...may disclaim it in whole or in part ..." Section 6205(a) states in pertinent part: "A
disclaimer relates back for all purposes to the date of the death of the deceased ..."
12. Charles G. Woods desires to disclaim any and all right, title and interest in or to the
remaining one-half (1/2) interest which he allegedly received as an inter vivos gift interest and the
interest accrued thereon in the said Certificates. He has the right to do so under the aforesaid PEF
Code Section 6201 which reads in pertinent part: "... a donee of an inter vivos transfer ...may
disclaim it in whole or in part by a written disclaimer ..." Section 6205(a) states in pertinent part: "A
disclaimer relates back for all purposes to the ...effective date of the inter vivos transfer ..."
13. The disclaimer being made hereunder will result in no lesser amount of Inheritance
Taxes as all of the alternate recipients as a result hereof are taxed at a uniform rate, to wit fifteen (15%)
percent and because the said disclaimer will result in enhanced taxation by returning the entire value of
the disclaimed assets to decedents' residuary estate. Therefore, there is no reason to advise the
Department of Revenue of this disclaimer.
14. The ultimate disposition to be made as a result of this disclaimer in view of the fact
Charles G. Woods shall be deemed to be deceased hereunder shall be
A.) One-third (1/3) or $61,100.22 to Jeannette Byington;
B.) One-third (1/3) or $61,100.21 to Dr. Kim B. Woods; and
C.) One-third (1/3) or $61,100.21 to Lois Woods, who stands in the shoes of Charles
G. Wood as if he were deceased.
NOW THEREFORE, intending to be legally bound hereby, I, Charles G. Woods, the nephew
of the said testatrix and decedent, Elizabeth W. Detweiler, do hereby disclaim any and all right, title,
and interest in and to the aforesaid Certificates of Deposit and the interest accrued thereon in total, to
which I would otherwise have been entitled under the laws of the Commonwealth of Pennsylvania.
I have hereunto set my hand and seal this ~ day of ~~~N-~11.~ Qom- , 2008.
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Witne CHARLES G. GODS
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Witness
Si R i ~E ~F .~i--q w A ~' is
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COUNTY OF )
On this, the ~~ day of ~C~--W , 2008, before me, the
undersigned officer, personally appeared CHARLES G. WOODS, who being duly sworn according to
law, deposes and says that the foregoing Disclaimer is his act and deed and that he desires the same to
be recorded as such.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year
aforesaid.
Notar blic
My commission expires: ~ ~ ~~ , °~ ~ f ~
(SEAL)
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