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HomeMy WebLinkAbout04-03-09PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Glenn S. WilllamSOn File Number 21 - 09 - V3~ also known as ,Deceased Social Security Number 206-16-1496 June M. Williamson Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE `A' or `8' BELOW:) Q A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the EXeCUtrIX named in the last Will of the Decedent dated 02/17/2008 and codicil(s) dated (State 2levant 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 app ica e, en ec c..a.; .n.c..a.; pe en a Iite; durante absentia; durante mmontate) r~os Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following s~e (if any) a~teirs: ~If .' .t Administration, c.t.a. ord. b. n. c. t. a., enter date of Will in Section A above and complete list ofheirs.) ~ - y. f-r i -V G .~ _ ; Name Relationship Residence ~ t ~ ~;`"`': ~,=i C~'7 ~ ~_' ;~~ - _. _t A _~~ ' P 0 0 C ° ~` i j --~4 ~. ~ . (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his !her last principal residence at 311 Glendale Drive, Shiremanstown, PA 17011 (List street address, town/city, township, county, state, zip code) Decedent, then $2 years of age, died on 03/07/2009 at 311 Glendale Drive, Shiremanstown, PA 17011 Decedent at death owned property with estimated values as follows: (If domiciled in PA) g 220,000.00 (If not domiciled in PA) $ (If not domiciled in PA) Value of real estate in Pennsylvania situated as follows: All personal property Personal property in Pennsylvania Personal property in County Wherefore, Petitioner(s) 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: Signature Typed or printed name and residence June M. Williamson 311 Glendale Drive /t Shiremanstown, PA 17011 Form RW-OZ Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 1 of 2 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 and subscribed r ca before me this ~ day of C~~ For the Register X of Signature of Personal Representative Signature of Personal Representative June M. Williamson File Number: 21 - 09 - i t.~. Estate of Glenn S. Williamson ,Deceased Social Security Number: 206-16-1496 Date of Death: 03/07/2009 AND NOW, p~_~ ~j 2oC~q , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to June M. Williamson in the above estate and that the instrument(s) dated 02/17/2008 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. FEES Letters ........................................ .... $ J~U .(~~' ' Short Certificate(s) ..................... ... $ ~~ , ~~ Register of Wills Renunciation(s) .......................... ... $ Attorney Signature: 1.a~~, K ~,~J. ~ ~ L-~- $ ~ ~ • ~ Attorney Name: Debra K. Wallet n ~" $ ~l~•~ ~~~~~ "~ $ rJ ~~ Supreme Court I.D. No.: 23989 • Law Offices of Debra K. Wallet $ Address: 24 North 32nd Street $ $ Camp Hill, PA 17011 $ Telephone: 7171737-1300 $ $ TOTAL .................................. .. $ ~~ ~ O ~ . (~~ Form RW-OZ Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackne r Group, Inc. Page 2 of 2 ~~~ 1 ~~~ ~ ~~~~~~ ~~ ra ~ ~ ~'~ ~~_ I, GLENN S. WILLIAMSON, of Camp Hill, Cumberland County, Penn~~~a, l~ng --- _^`; O .-- - of sound and disposing mind, memory, and understanding, do hereby make, puls~"F'i, and ~ '~ r? ao declare this to be my Last Will and Testament and hereby revoke all other Wills and Codicils that I have made, including the Will dated April 16, 2001. FIRST: I give and bequeath all of the tangible personal property located at my residence to my beloved wife, JUNE M. WILLIAMSON, so long as she shall survive me by thirty (30) days. SECOND: Should my beloved wife, JUNE M. WILLIAMSON, survive me, all the rest, residue, and remainder of my Estate, of whatever nature and wherever situate, I give, devise, and bequeath into two separate trusts, hereinafter known as "Trust A" and "Trust B. " Trust A shall consist of the largest amount, if any, that can pass free of federal estate tax by ~_.. ,_.~ reason of the unified credit and the state death tax credit (to the extent that use of the state r-,. death tax credit does not increase state death taxes otherwise payable by my estate) allowable under the federal estate tax law and after taking into account (a) all other general and specific bequests and devises under my will and any codicil thereto and (b) all property passing -~. ~~ otherwise than under my will and any codicil thereto, which do not qualify for the marital or charitable deductions permitted under the federal estate tax law, and all charges to principal that are not deducted in computing my federal estate tax. Trust B shall comprise of the remaining fractional share of my assets, after setting apart Trust A. If my spouse and I die under circumstances creating any doubt as to the order of our deaths, then my spouse shall be conclusively presumed to have survived me, and my Estate shall be administered accordingly. THIRD: Trust A shall be administered as follows: A. During the lifetime of my spouse: 1. All of the net income shall be paid to my spouse quarterly or at more frequent intervals at the discretion of my Trustee. 2. So much of the principal of the trust as my Trustee may in his discretion deem proper for my spouse's welfare, comfort, maintenance, and support, provided however, that no part of the principal of Trust A shall be used for my spouse's personal needs until the principal of Trust B is first exhausted. _.._` B. Upon the death of my spouse, the principal of Trust A shall be paid to ~•- my son, ROBERT G. WILLIAMSON, of Media, Pennsylvania. Should my son fail to survive me by thirty (30) days, but be represented by children then living, these children shall take, per stirpes, the share to which my son would have been entitled. Should any of my beneficiaries not have attained the age of thirty (30) years at the time of my death, I direct that _J ~~ my Estate as given to such beneficiary be given to my Trustee, hereinafter named, in trust, as provided in paragraph NINTH herein. FOURTH: Trust B shall be administered as follows: A. During the lifetime of my spouse: 1. All of the net income shall be paid to my spouse quarterly or at more frequent intervals at the discretion of my Trustee. 2 2. As much of the principal as my spouse may at any time and from time to time request in writing from the Trustee shall be paid directly to my spouse, and, 3. So much of the principal of the trust as my Trustee may in his discretion deem proper for my spouse's welfare, comfort, maintenance, and support. B. Upon the death of my spouse, the Trustee shall pay over the then remaining principal, together with all income accrued and unpaid to the date of my spouse's death to such person or persons as my spouse shall appoint by Will, expressly referring to the power of appointment herein given, or in default of such appointment, my Trustee shall add the same to Trust A to be held as though originally forming a part thereof, after first paying or providing for the payment from the remaining assets of Trust B such portion of the federal estate tax, including penalties and interest thereon, as may be imposed upon my spouse's estate by reason of the inclusion of the principal of Trust B in my spouse's gross estate subject to federal estate tax. FIFTH: r_,_, A. In the administration of Trust A, Trust B, or any other trust established `~ as a result of this Will, the Trustee shall have the following powers, deemed to be supplementary to and not exclusive of, the general powers of trustees pursuant to law and including all powers necessary to carry the same into effect, all of which shall be exercised in a ~'~ fiduciary capacity: r-, ,, 1. To hold any or all of the Trust Estate in the form received. 2. To sell at public or private sale, to mortgage, pledge, or hypothecate or to exchange or lease (including lease for a period extending beyond the term of this Trust), 3 any stocks, notes, securities, real estate, minerals, and other trust property, upon such terms, cash or credit, or both, as he may deem advisable. 3. To invest and reinvest the Trust Estate in investments limited to real or personal property, minerals, royalties, and leaseholds. 4. To construct, add to, repair, or demolish (in whole or in part) any improvements upon any Trust property. 5. To participate in any reorganization, consolidation, merger, or dissolution of any corporation, the stocks, bonds, or other securities of which may be held at any time as part of the Trust Estate and to receive and continue to hold any property which may be allocated or distributed to it by reason of participation in any such reorganization, merger, or dissolution. 6. To make or hold investments or any part of the Trust Estate in common or undivided interests with other persons, corporations, or trusts. 7. To demand, receive, receipt for, sue for, and collect any and all rights, money, properties, or claims, to which this Trust may be entitled, and to compromise, settle, arbitrate, or abandon any claim or demand in favor of or against this Trust. 8. To borrow funds for this Trust in such amounts and for such purposes as he shall deem for the best interest of this Trust and the beneficiary thereof, and to '~ ~ purchase property on the credit of this Trust, and, in connection with such borrowing or such ~ purchase, to execute and deliver promissory notes or other evidences of indebtedness of this Trust and to mortgage or pledge all or any part of the Trust Estate to secure payment of such indebtedness, and to repay such indebtedness out of the Trust Estate. 4 9. To employ agents, legal counsel, brokers, and assistants, and to pay their fees and expenses as he may deem necessary or advisable to carry out the provisions of this Trust. 10. To vote in person or by proxy any shares of stock which may form part of this Trust. 11. To lend money to any person or persons upon such terms, but with adequate interest and security, as he may deem advisable for the best interests of this Trust. To elect, appoint, and remove directors of any corporation, the stock of which shall constitute Trust property, and to act as a director and officer of any such corporation. 12. Generally, and without limitation by any specific enumeration herein, to manage, control, operate, reconvert, invest, reinvest, sell, exchange, lease, `y- mortgage, pledge, pool, or otherwise encumber and deal with the property of this Trust, for ~~,~ and in behalf of this Trust and the beneficiary thereof, to the same extent and with the same ~-'~'~~ powers that any individual would have in respect to his own property and funds. 13. To act freely under all or any of the powers by this agreement given to the Trustee in all matters concerning this Trust, after forming his judgment based upon all c~ ~' the circumstances of any particular situation as to the interest of this Trust and the beneficiary ,i hereunder, without the necessity of obtaining the consent or permission of any person interested therein, or the consent or approval of any court, and notwithstanding that he may also be acting individually, or as trustee of other trusts, or as agent for other persons or corporations interested in the same matters, or may be interested in connection with the same matters as stockholder, director, or otherwise, provided, however, that he shall exercise such 5 powers at all times in a fiduciary capacity primarily in the interest of the beneficiary hereunder. 14. To invest trust funds in interests in any common trust fund or funds now or hereafter established and being administered by the Trustee solely for the investment of trust funds. 15. To make, in his sole and absolute discretion, any income, estate or gift tax elections, including the appropriate election to qualify the entire trust or any percentile or fractional share of the property for the marital deduction as qualified terminable interest B. The Trustee of Trust A shall have the sole discretion to select the specific assets, in cash or in kind or partly in each, which shall constitute Trust A; provided, however, the property transferred to Trust A shall carry with it as income and not as principal its proportionate share of the income of the trust and the estate, if applicable, and each asset ~"~ selected for Trust A shall be valued at its fair market value as determined on the date of its ~~'`' transfer to Trust A. It is the intention of the Testator that assets selected for Trust B should t qualify for the marital deduction under the Internal Revenue Code and the Testator directs that the provisions of this Will be interpreted in accordance with such intent. The words "marital \c;-~ deduction" and "pass" as used herein shall have the same meaning as said words have in the ~ Internal Revenue Code. The Trustee of either trust shall not have any rights, powers, duties, authority, privileges, immunities or discretion to the extent that such would disqualify the trust for the maximum marital deduction. SIXTH: Should any of the Trusts created pursuant to this, my Last Will and Testament, in the sole opinion of my Trustee, be or become too small to warrant continuing 6 such fund in trust, or should its administration be or become impractical for any other reason, my Trustee, in his sole discretion, may terminate the trust and distribute the trust assets to the beneficiaries. SEVENTH: Upon my death if my wife, JUNE M. WILLIAMSON, fails to survive me, I give, devise, and bequeath all of my real estate, together with all tangible personal property located at my residence, including any automobiles owned by me at the time of my death to my son, ROBERT G. WILLIAMSON, of Media, Pennsylvania, so long as he shall survive me by thirty (30) days. EIGHTH: Upon my death if my wife, JUNE M. WILLIAMSON, fails to survive me, I give, devise, and bequeath all the rest, residue, and remainder of my estate, of whatever nature and wherever situate, as follows: c~~~ A. Forty (40%) percent to my son, ROBERT G. WILLIAMSON; ~~~~ B. Thirty-five (35 %) percent to my granddaughter, CATHERINE ANNA ~-----~ KEIDEL, of Charlotte, Vermont; :~ `~`~ C. Twenty-five (25%) percent to my granddaughter, PHYLLIS ~ WILLIAMSON, of Media, Pennsylvania. Should any of the above beneficiaries be deceased but be represented by children then ~ living, these children shall take, per stirpes, the share to which my beneficiary would have ~. w been entitled. NINTH: Should any of my beneficiaries not have attained the age of thirty (30) years at the time of my death, I direct that my Estate as given to such beneficiary be given to my Trustee, hereinafter named, in trust for the following uses and purposes and upon the following terms: 7 A. The net income of the Trust shall be paid to and be applied for my beneficiary's care, maintenance, education, or support at such times as my Trustee shall determine in his absolute discretion. Should the income from this Trust be insufficient to provide adequate maintenance, education, or support, my Trustee, in his sole discretion, may invade the principal for this purpose. Fifty percent (50%) of the principal shall be distributed to the beneficiary on the day after the beneficiary's twenty-fifth (25th) birthday. B. I specifically direct that my Trustee shall not be required to segregate the shares held in Trust in some separate accounts prior to the termination of any Trust created hereunder. C. If the beneficiary of these trusts is the beneficiary of any life insurance z any pension plans, or other contracts, the proceeds of such policy, plan, or contract added to such trust at the sole discretion of my Trustee. D. This Trust shall terminate, and the Trustee shall pay the accumulated and undistributed principal and income then remaining in his hands at termination to my beneficiary when my beneficiary has attained the age of thirty (30) years. If my beneficiary dies prior to attaining the age of thirty (30) years, then the Trust shall terminate upon my beneficiary's death and shall be distributed to the issue of this beneficiary, in equal shares, per stirpes. Should my beneficiary die without issue, then the Trustee shall pay the accumulated and undistributed principal and income then remaining in his hands at termination in ~ accordance with Paragraph EIGHTH, as if no trust had been created. TENTH: All interests of any beneficiary in the income or principal of this Estate, while undistributed and in the possession of my Executrix and Trustee, even though vested and 8 distributable, shall not be subject to attachment, execution or sequestration for any debt, contract, obligation or liability of any beneficiary and, furthermore, shall not be subject to pledge, assignment, conveyance, or anticipation. ELEVENTH: All inheritance, estate, and succession taxes (including interest and any penalties thereon) payable by reason of my death shall be paid out of and be charged generally against the principal of my residuary estate, without apportionment or right of reimbursement from any person. In the event that a substantial portion, as determined in the sole and absolute judgment and discretion of my Executrix, of the non-probate assets such as an annuity or mutual funds are directed to be paid to a beneficiary or beneficiaries, so that the taxes referred to herein would be paid out of the probate residue passing to the beneficiary or beneficiaries of this will (whether or not the same as the beneficiary or beneficiaries under the non-probate assets), my Executrix, in the Executrix's sole and absolute judgment and discretion, shall have the right to allocate the full or partial payment of the taxes to the beneficiary or beneficiaries of dc~a the non-probate assets. f TWELFTH: In addition to all rights and powers conferred by law, I authorize and empower my Executrix and Trustee and their successors, in their absolute discretion and without necessity of obtaining court approval: .7 ~~~ A. To retain any of the investments composing the principal of this trust in the form in which the same shall have been delivered to the Trustee whether or not the same be in the nature and type legal for the investment of trust funds under the laws of the Commonwealth of Pennsylvania, including the stock of any corporate fiduciary acting hereunder. 9 B. To invest in all forms of property (including, but not by way of limitation, real estate, all types of stocks and bonds, and participations in common trust funds), without being confined to investments prescribed by statute. A. To buy investments at a premium or discount. B. To hold property unregistered or in the name of a nominee. C. To give proxies, both ministerial and discretionary. F. To compromise claims. G. To join any merger, consolidation, reorganization, voting trust plan, or any other concerted action of security holders and to delegate discretionary duties with respect thereto. H. To lend to, and buy from, my estate. I. To borrow and to pledge real and personal property as security therefor. J. To sell at public or private sale for cash or credit or partly for each, to ~~ \~ exchange, or to lease for any period of time, any real or personal property, and to give options for sales, exchanges, or leases. K. To allocate any property received or charge incurred to principal or income or partly to each, without being obliged to apply the usual rules of trust accounting. L. To exercise any option permitted by law which they believe to be advantageous from the viewpoint of overall tax reductions, including, without limitation of the foregoing, power and authority to claim administration or other expenses either as income tax deductions or inheritance or estate tax deductions, without regard to whether they were paid from principal or income and without requiring adjustments between principal and income for 10 any resulting effect on income or estate taxes, and a deduction of such expenses for income tax purposes shall be given effect in computing the respective shares of all persons interested in my estate or the trusts set forth herein, even though the effect is to increase the share of one beneficiary or class of beneficiaries hereunder at the expense of another; and to make such adjustments, if any, between beneficiaries with respect thereto as they deem appropriate in view of the nature of the transaction and the amounts involved. M. When permitted under the Internal Revenue laws of the United States, or of any state, to join with my spouse in filing a joint income tax return without requiring my spouse to indemnify my estate against liability for the tax attributable to my spouse's income, and to consent to any gifts made by my spouse during my lifetime being treated as having been made one-half by me for the purpose of federal laws relating to gift tax. N. To distribute in cash or in kind or partly in each. O. To employ agents, legal counsel, brokers, and assistants, and to pay their fees and expenses as he may deem necessary or advisable to carry out the provisions of this Will or any Trust. The powers granted hereunder shall be exercisable with respect to all real and personal property, including, but not limited to, income and principal held for minors or disabled beneficiaries at any time held by the Trustee and shall continue in full force, even after the termination of any trust hereunder, until the actual distribution of all property. All powers, authorities and discretion granted here shall be in addition to those granted by law and shall be exercisable without leave of court. However, nothing herein shall be interpreted or construed to encourage, authorize, empower, or permit the Trustee or Executrix to act or cause anyone 11 to act m a manner contrary to or inconsistent with accepted standards of portfolio diversification and risk management. THIRTEENTH: I nominate, constitute, and appoint the following persons: A. My wife, JUNE M. WILLIAMSON, as Executrix of this, my Last Will and Testament. In the event of the renunciation, death, resignation, or inability of my wife to act for whatever reason in this capacity, then I nominate, constitute, and appoint my granddaughter, CATHERINE ANNA KEIDEL, as Executrix of this, my Last Will and Testament. B. My friend, LAURA R. ZUVICH, of Shiremanstown, Pennsylvania, as Trustee of any Trusts described herein. In the event of the renunciation, death, resignation, or inability of my friend to act for whatever reason in this capacity, then I nominate, constitute, and appoint my granddaughter, CATHERINE ANNA KEIDEL, to act as Trustee. I direct that no representative named above shall be required to post security for the faithful performance of her duties in any jurisdiction insofar as I am able by law to relieve her of such obligation. Any of my representatives shall be entitled to reasonable compensation for the performance of the duties set forth herein. IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~}day of Fcb~w~.r~ , 2008, on this, the twelfth of twelve typewritten pages. I have also signed the left-hand margin of the first eleven of these pages for purposes of identification only. .Y- GLENN S. WILLIAMSON 12 SIGNED, PUBLISHED, and DECLARED by the Testator, GLENN S. WILLIAMSON as his Last Will and Testament, in the presence of us, who at his request, in his presence, and in the presence of each other, have hereunto subscribed our names as witnesses. ~~ Y . ~,~. ~• -i,'b A~~cyyii..~~e. n^~uw~c.sbwu, FAA i~+Sr s l--~rTZ C-.~-c ,R ,~~ s 7'0 ~ ,J P~ l ~ o !~ 13 AFFIDAVIT Commonwealth of Pennsylvania County of Cumberland We, Debra K. Wallet and J ~ . z-UV , ~ ,the witnesses whose names are signed to the attached instrument, being duly qualified according to law, depose and say that we were present and saw the Testator sign and execute the instrument as his Last Will and Testament; that he executed it as his free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testator signed the Will as witnesses; and that, to the best of our knowledge, the Testator was at that time 18 years of age or older, of sound mind, and under no constraint or undue influence. ~ Q~.w, K . ~.,1~...-~- Sworn or affirmed to and subscribed before me by ~ ~~~ )i ~(~ ~(Q ~ and 7' L . Z.I.iV ICI ,witnesses, this 1~7~ 14 day of ~k~^uGir~i , 2008. Notary lic coMMONwea~Trl of r~arsnvnr~w Nomdal seal ~~~~ cam w9oro,, C~e~ardcar~r Nly Comn4aeion E~nee Oct 27, z01 ~ Member. PennsylvaMe Assodation d Notaries ACKNOWLEDGMENT Commonwealth of Pennsylvania County of Cumberland I, GLENN S. WILLIAMSON, Testator, whose name is signed to the attached instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will and Testament; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. ,n i ~, ~ ~ ~'. Vr v , ~i '~ GLENN S. WILLIAMSON Sworn or affirmed to and subscribed before me by GLENN S. WILLIAMSON, the Testator, this i~~j}~' day of F~~be^~.~~t^~I , 2008. Notary Pudic ~ Ga~~oniv~u.-rH o~ ~nm-s~nva~A Normal Seer try l~. l.~oper, No~n-Publc camp l~l eac, Cun+bert~rb County Iry Canrr~- E~Ues oct. 27. Z01 ~ Member, PennsyMaMa Aasodadon d NotarN~ 15