Loading...
HomeMy WebLinkAbout80-00711Register of Wills of Cumberland County, Pennsylvania PETITION FOR GRANT OF LETTERS Estate of TunMnc 1a'nT.T.~n MTTT~O.H~_d$~-, No. 21-1980-71 t also known as Deceased Social Security No. C,C"~ - ~` ~ ~ 70 Michael P. Kerrigan Petitionerlsl, who is/are 1 S years of age or older, applY(ies) for: (COMPLETE "A" OR "B" BELOW:) A. Probate and Grant of Letters and aver that Petitioner(s- is/are the execut named in the Last Will of the Decedent, dated and codicills) dated relevant circumstances, e.g., renunciation, death of executor, atc. Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the documents offered for probate; was not the victim of a killing and was never adjudicated incompetent: *See attached statement. I=1 B. Grant of Letters of Administration d b n c t I--J Id.b.n.c.t.a.: pendente liter durante absentia; durante minoritate) Petitionerls) after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse (if Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or principal residence at !!~ 13`z/+tli rff•~F'wt_ if ~ Lv~r'~~p i< 15~~ 1> 6<;1 {`-'~/~~ t 7 ~ `l )list street, nu ber and mumcipahty) r ~^. 1980 Decedent, then ~ years of age, died November 1 , ~ , at (Location) Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property ................................................................5 (lf not domiciled in PA) Personal property in Pennsylvania ...............................................5 (If not domiciled in PA) Personal property in County .......................................................5 Value of real estate in Pennsylvania ...................................................................................................$ Total ................................................................................................................................ S Real Estate situated as follows: Wherefore, Petitionerlsl respectfully requestls) 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: i n ure Typed or printed name and residence Michael P. Kerri an 2318 Bellevue Road Harrisbur PA 1 1 Form RW-1 Page 1 of 2 (Cumberland County) -Rev. 9/92 (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Oath of Personal Representative Commonwealth of Pennsylvania County of Cumberland The Petitioner(s) above-named swear(s) and 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 and affirmed and subscribed before me this ~_ day of Michael P. Kerrigan Estate of THOMAS EDWARD MUNCE, JR. Deceased Social Security No: Date of Death 11 / 1 / 1980 AND NOW, , 20 03 , in consideration of the Petition on the reverse si hereon, s tisfactory proof having been presented before me, IT IS DECREED that Letters ^ Testamentary ®of Administration d.b.n.c.t.a. d.b. n.c.t.; pendente lire; durante absentia; durante minoritate are hereby granted to Michael P. Kerrigan in the above estate and that the instrument(s) dated June 30, 1971 described in the Petition be admitted to probate and filed of record as the last Will of Decedent. FEES .~ Letters ........................... S o~5, Oa Short Certificate(s)......... g ~• a o Renunciation .................. S • C7C~ Affidavit ( ) ................. 5 Extra Pages ( )............ S Codicil .......................... 5 JCP Fee ........................ Inventory ...................... Other ............................ TOTAL ............... No. 21-1980-711 S d o $_._ Register of Wills ~~ ,~~~.~ i Attorney: David M. Watts I.D. No 42232 Address: McNees Wallace & Nurick LLC P.O. Box 1166 Harri Shifr~, PA 17108-1166 Telephone (717) 237-5344 Form RW-1 Page 2 of 2 (Cumberland County) -Rev. 9/92 ~ ~~,t ~~ , 1VlcNees Wallace & Nurick LLc attorneys at law DAVID M. WATTS, JR. DIRECT DIAL: (717) 237-5344 E-MAIL ADDRESS: DWATTS@P,~WN.COM December 4, 2003 Register of Wiils Office Cumberland County Court House One Courthouse Square Carlisle, PA 17013 Attention: Vicki RE: Estate of Nadya Yartseff Munce Cumberland County File No.: 21-02-1088 Our File No.: 21479-0001 Dear Vicki: Our firm is counsel to Michael B. Kerrigan, the Executor of the Estate of Nadya Y. Munce, who died on November 28, 2002. Mrs. Munce's husband, Thomas Edward Munce, Jr., died in 1980, and Mrs. Munce was subsequently appointed the executor of his estate (Cumberland County Fiie No.: 21-1980-711). Mrs. Munce also was the sole beneficiary of her husband's estate. A copy of Mr. Munce's W111 is enclosed for your reference. One of the assets of Mr. Munce's estate, consisting of shares of We11s Fargo stock, was never transferred to Mrs. Munce. In order for us to transfer these shares to Mrs. Munce's estate, Wells Fargo is requiring that a successor executor or administrator be appointed for Mr. Munce's estate. Dauphin Deposit Trust Company (now M&T Bank) is the named successor to Mrs. Munce as executor under Mr. Munce's Will. However, M&T Bank refuses to serve as successor executor of Mr. Munce's estate, and is waiting for us to complete and file the renunciation form. Under 20 Pa. C.S.A. § 3155(a), letters testamentary shall be granted by the register to the executor named in the will. Under 20 Pa. C.S.A. § 3155(b), Letters of Administration shall be granted by the Register to one or more of those hereinafter mentioned and, excepf for good cause, in the following order: P.O. Box 1166 • 10O PINE STREET • HARRfSBURG, PA 1710$-1166 • TEL: 717.232.8000 • FAX: 717.237.5300 • WWW.MWN.COM HAZLETON, PA • STATE COLLEGE, PA • COLUMBUS, OH WASHINGTON, DC Register of Wills Office Cumberland County Court House December 4, 2003 Page 2 (1) Those entitled to the residuary estate under the will. (2) The surviving spouse. (3) Those entitled under intestate law as the register, in his [her] discretion, shall judge who will best administer the estate, giving preference, however, according to the size of the shares of those in this class. (4) The principal creditors of the decedent at the time of his death. (5) Other fit persons. (6) If any one of the foregoing shall renounce his right to letters of administration, the register, in his discretion, may appoint a nominee of the person so renouncing in preference to the persons set forth in any succeeding paragraph. Mrs. Munce is the person designated by Categories (1) and (2) above, and while she survived Mr. Munce, she recently passed away and cannot serve as administrator. As for Category (3), Mr. Munce was not survived by any issue, and we are not aware of any surviving brothers or sisters of Mr. Munce. A possible alternative argument might be made that the successor residuary beneficiaries (after Mrs. Munce) under Mr. Munce's Will should serve as administrator, but we do not believe that this is a correct reading of the statute, because they are not entitled to Mr. Munce's residuary estate (since Mrs. Munce survived, she and her estate are entitled to Mr. Munce's residuary estate), and have no interest in Mr. Munce's estate. In addition, the succesor residuary beneficiaries are either Italian citizens or charitable organizations which we believe would have no interest in serving as administrator of Mr. Munce's estate. As for Category (4), we have no way of determining the principal creditors of Mr. Munce's estate at the time of his death, and we find it unlikely that any of them would be willing to serve if such could be found. Under Category (5), other fit persons could be appointed as administrator, and we believe that Michael P. Kerrigan, as the Executor of Mrs. Munce's estate, would be an appropriate person to designate as Mr. - Munce's administrator for the purpose of transferring the Wells Fargo stock. Alternatively, under Category (6), the register, in his [her] discretion, may appoint a nominee of the person so renouncing. Therefore, another possibility would be to have M&T Bank renounce and appoint Michael P. Kerrigan as its nominee for the purpose of concluding the administration of Mr. Munce's Estate. Register of Wills Office Cumberland County Court House December 4, 2003 Page 3 Please advise whether the register would consider appointing Michael P. Kerrigan, personal representative of Mr. Munce's residuary beneficiary, as the administrator of Mr. Munce's estate for the purpose of transferring the Wells Fargo stock to Mrs. Munce's Estate, under either of the alternatives described above. Your assistance in this matter is greatly appreciated. Very truly yours, McNEES WALLACE & NURICK LLC ~~ Da''vid M. Watts, Jr. DMW:mc Enclosure cc: Michael B. Kerrigan Linda Eshelman 02./- ~a-~// Register of Wills of Cumberland County, Pennsylvania RENUNCIATION Estate of THOMAS EDWARD MUNCE, JR. also known as No. 21-1980-711 Deceased. Trust Company The undersigned, M&T Bank, successor to Dauphin Depoit of the above Decedent, (Relationship) (Capacity) hereby renounce(s) the right to administer the estate and respectfully request(s) that Letters Administration d.b.n.c.t.a. be issued to Michael P. Kerrigan Witness ~ hand this y day of~ _.~- nattare)M&T Bank ~ v 213 Market Street (Address) (Signature) (Address) (Signature) (Address) Sworn to or affirmed and subscribed before me this _ ~~ day of `~~© l~,'Yl'l..l.rP_JL , 200'.3 Notary Public Notarial Seal Deanna L. Welts, Notary Public Harrisburg, Dauphin County My ComnUssion Expires Dec. 8, 2004 MemUer, Pennsylvania Association of Notaries (Signature and seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's commission.) NOTE: Renunciations executed outside the Office of Register of Wills are required in some counties to be notarized. {A281311:} Form RW-4 (Cumberland County -Rev. 9/92) ~~ McNees Wallace & Nurick LLC attorneys at law LINDA M, ESHELMAN ESTATE PARALEGAL DIRECT DIAL: (717)237-5210 E-MAIL ADDRESS: LESHELMAN@MWN.COM December 23, 2003 Michael P. Kerrigan 2318 Bellevue Road Harrisburg, PA 17104 RE: ESTATE OF NADYA Y. MUNCE Appointment of Administrator for Thomas Edward Munce, Jr. Estate Our File: 21479-0001 Dear Mike: Enclosed are the following documents to have you appointed as the Administrator of the Thomas Edward Munce, Jr. Estate: • Petition for Grant of Letters. Attached to the Petition is a copy of our correspondence dated December 4, 2003 explaining the reason an Administrator now needs appointed for Mr. Munce's Estate. • Renunciation of M&T Bank. You should take these documents, along with a check for $28.00 ($25.00 filing fee; $3.00 for short certificate) to the Cumberland County Register of Wills office, One Courthouse Square, Carlisle, Pennsylvania. According to a conversation David had with Ralph Wright (from Jerry Duffle's office) the Register's office should appoint you the Administrator of Mr. Munce's Estate after producing the enclosed documents. Once you have been appointed Administrator, please request one short certificate evidencing your appointment. We will then provide Wells Fargo with the short certificate. If you have any questions, please call me. Yours truay, t r f', '"~, .~; / ./ -r Linda M. Eshelman Estate Paralegal LME/mha Enclosures P.O. Box 1166 • 1OO PINE STREET • HARRISBURG, PA 17108-1166 • TEL: 717.232.8000 • FAX: 717.237.5300 • WWW.MWN.COM HAZLETON, PA • STATE COLLEGE, PA COLUMBUS, OH WASHINGTON, DC