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HomeMy WebLinkAbout01-13-09PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF Cumberland COUNTY, PENNSYLVANIA Estate of FlOrerice P. FlOto File Number~l-V%-l~1`T~ also known as .Deceased Social Security Number 15 8 - 0 9 -19 2 3 Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW.) ® A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is~~the Executor named in the last Will of the Decedent dated 4 / 1 / 2 0 0 5 and codicil(s) dated N A (State relevant circumstances. e.g.. renunciation, death of executor, etc.) Except as follows, Decedent did not marry, 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 (Ijapplicable, enter: c.t.a.; d. b. n. c.t.a.; pendentelite; durante absentia: duranteminoritateJ 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.) Decedent, then 88 yeazsofage,diedon October 20r 200t8 Holy Spirit Hospital C'am= Hill. PA 17011 Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ 3 r 0 0 0 . 0 0 (If not domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $ r situated as follows: 363 N. 29th Street Camp Hill, PA 17011 Wherefore, Petitionsr~ respectfully 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: ' '°'°' T d or rioted name and residence ~~ j Frank L. Floto 1017 Kent Drive i / ~ Mechanicsburg, Pa 17050 Form RW-02 rev. /0.13.06 Page I of 2 (COMPLETE INALL CASES:) Attach additional sheets if necessary. ' _ ~ f_ ~ ~ ~ ` `_^•> _~ r Cumberland ~ ~^ Decedent was domiciled at death in County, Pennsylvania with his /her last principa~esidence at ~ ~ ' ' .' 363 N 29th Street Camp Hill, PA 17011 ~"~~'; (Lrst street address, towrdctty. lownshrp, county, state, zrp code) ~ ' Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland SS 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 affirmed~anid subscribed before me the ~J ~ day of ©U°I .Q = Y14a9 Signature of Persona! Representative j 'Frank L. Floto Signature of Personal Representative For the Register Signature of Personal Representative -- ~° ~` z ~ --?~ ~ f. I', ~`? _ ~r-T r- __ !"rt ~ _... ;~_ - '7 _; ; '~j File Number: ~~ ' ~q - dfjl-~ (7 r ~~ `~ ~ _.. ~- ,~~ _ ~-~ Estate of Florence P. Floto ~-' D~eeased N _ +--~ '~ - --- ~. ~. ; , ~ Social Security Number: 15 8- 0 9 -19 2 3 Date of Death: O c t . 2 0 r 2 0 0 8 ~D '-ra AND NOW, .~cV.AA~,v `3 , in consideration of the foregoing Petition, satisfactory proof having been presente before me, IT IS DECREED that Letters Testamentary are hereby granted to _ Frank L. F l o t o in the above estate and that the instrument(s) dated A b r i 1 1 2 0 0 5 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. FEES Letters ............... $'~10(`, . (b Short Certificate(s) ........ $ 2'-4 .Cx7 Renunciation(s) .......... $ ~'L,P ... $ tl7 .~ $ ... $ ... $ ... $ ... $ ... ... $ TOTAL .............. $ 314 .Ol) ~ Form RW-02 rev. 10.!3.06 Attorney Name: Supreme Court I.D. No.: Address: Telephone: Page 2 of 2 Attorney Signature: Last Will and Testament Of Florence P. Floto N n ~ C-'- c~ _' T~ ~ _I I, Florence P. Floto, being of sound and disposing mind and ~e~¢~y d~ t'~ ' `,~ ~ r - ,. hereby make this my Last Will and Testament, hereby revoking any and a~~ls ate ~ ~ ~, :~ C = ; any time heretofore made by me. :~ ~ N ~~ ```~, .~ ~ ~ ^'7 Paragraph First: I direct that all of the expenses of my last illness and funeral expenses be paid out of my estate as soon as may be convenient after my death. Paragraph Second: I give, devise and bequeath all of my property, real, personal and/or mixed wheresoever located to my children Frank L. Floto and Daniel J. Floto, should they survive me for thirty days, in equal shares, per stirpes. Paragraph Third: I give, devise and bequeath the sum of Two Thousand ($2,000.00) Dollars to my Grandson, Daniel J. Floto, Jr., should he survive me for thirty days, per stirpes. Paragraph Fourth: I give, devise and bequeath the sum of Two Thousand ($2,000.00) Dollars to my Grandson, Zackaria Pierce, in trust nevertheless, until such time as he shall reach the age of majority (twenty-one (21) years) should he survive me for thirty days, per stirpes. Paragraph Fifth: I appoint my son, Frank L. Floto, as Executor of this my Last Will and Testament. If Frank L. Floto is unwilling and/or unable to serve as Executor, I appoint Daniel J. Floto as this my Last Will and Testament. If Daniel J. Floto is unwilling and/or unable to serve as Executor of this my Last Will and Testament, I appoint Roxanne L. Floto as Executrix of this my Last Will and Testament. No bond shall be required of any fiduciary hereunder in any jurisdiction. No fiduciary hereunder shall have any liability for any mistake or error of judgment made in good faith. Paragraph Sixth: I give to my said Executor/Executrix, in addition to the authority conferred by law, the power to sale any or all of my property, real or personal, at public or private sale, at such time and for such price and upon such terms and conditions as my Executor may see fit, or in the discretion of my Executor to retain the same for distribution in kind, and the power, but not the duty, to invest any cash without being limited to "legal" investments. I give to my Executors, in addition, the power to file any qualified disclaimer I could have filed if living. I direct my Executor/Executrix to claim any expense of administration of my estate as income tax deductions upon an income tax return or returns whenever in the sole judgment of my Executor/Executrix such action will achieve an overall reduction in the income and death taxes. No compensating adjustments between income and principal shall be made as a result of such action. I realize that Executors/Executrix are given discretion by lay to make various elections which affect the income and estate taxes payable by estates and beneficiaries, as well as the relative shares of beneficiaries, such as selecting options for the payment of employee death benefits, electing to take qualified terminable interests as part of the marital deduction, selecting alternate valuation dates, postponing the payment of taxes, filing joint income tax or gift tax returns, allocating my exemption from generation-skipping tax, filing estimated income tax returns and making payments thereon and redeeming corporate stock. The decisions made by my Executor/Executrix in any of these matters shall be binding upon, and not subject to question by any affect persons. Paragraph Seventh: I direct that all estate, inheritance and other taxes in the nature thereof, together with any interest and penalties thereon, becoming payable because of my death with respect to the property constituting my gross estate for death tax purposes, whether or not such property passes under this my Last Will and Testament, shall be paid from the principal of my residuary estate, and no person receiving or having a beneficial interest in any property, whether under this Will or otherwise, shall at any time be required to contribute to or refund any part thereof; PROVIDED, however, that this direction shall not apply to the taxes on any property included in my estate solely because of a power of appointment there over, which I possess but have not exercised or on any qualified terminable interest or to any generation-skipping transfer taxes. IN WITNES'S WHEREOF, I have hereunto set my hand and seal this ~_ day of April, 2005. Florence P. Floto Signed, sealed, published and declared by Florence P. Floto, above named, as and for her Last Will and Testament, in the presence of us, who at her request, in her presence and in the presence of each other, have hereunto subscribed our names as witnesses hereto. c. ~. I, Florence P. Floto ,the Principal, whose name is signed to the attached or foregoing Last Will and Testament, having b~~n duly qualified according to law, do hereby acknowledge that I slgned and executed the instrument as my Last Will and Testament and that I signed it willingly as my free and voluntary act for the .purposes therein expressed. Florence P. Floto COMMONWEALTH OF PENNSYLVANIA ) ss: COUNTY OF /7L4EG//EiVJ/ ) On this the ~ day of Lr , 2005, before me, a notary public, the undersigned officer, personally appeared Florence P. Floto, known to me (or satisfactorily proven) to be the person whose name is subscribed 'to the within instrument and acknowledged that she executed the same for the purposes therein contained. In v+dtness whereof, I hereunto set my hand and official seals. i otary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Ann C. Lovell, Notary Public City of Pittsburgh, Allegheny Cow~ty_ MY Commission Expires Aug. 31, 2006 Member, Pennsylvania Assrc'satian nt Notaries AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) ~J ) ss: COUNTY OF H~c~ G.SfEN'y ) Before me, the undersigned notary public, this day personally appeared ~` ~`~~- and ~sZ~~~-~ ~7 \S GyJ the witnesses whose names are signed to the attached or foregoing instrument, to me known, wl:~o being duly sworn according to law, depose and say: that we were present and saw the Principal, Florence P. Floto, sign and execute the instrument as her Last Will and Testament; that the Principal signed willingly and executed it as her free and voluntary <~ct for the purposes therein expressed; that each subscribing witness in the hearing and sight of the Principal signed the Last Will and Testament as a witness; and that to the best of our knowledge the Principal was at that time eighteen (i8) or more years of age, of sound mind, and under no constraint or undue influence. C , ubscribed and sworn to before me this the ~_ day of /~ , 2005. T Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Ann C. Lovell, Notary public City of Pittsburgh, gNegheny County My ommission iresAug. 31, 20b6 Member, Pennsy~venia Aasriciation ~f Notaries