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HomeMy WebLinkAbout06-16-09 PETITIOiV' FOR PROBATE AND GRANT OF LETTERS REGISTER OF ~ti ILLS OF .. Estate of ~ N e.~ a t ~/~ ~ E111 ~,Pil}-~ also known as ~L+.n1 „~~( M •LiJat,PA~~~ Deceased COU~tTY, PE~~iSYLVANIA File Number ~ D ~~j_~~ Social Security Number ~ ~ ~ ',d~-''l y s`t /~ Petitioner{s), who is/are 13 years of age or older, apply(ies) for: (CO~yIPLETE 'A' or 'B' BELOW.) A. Probate and Grant of Lett rs Test m ary a aver that Petitioner(s) is /are the ~~'t(` J'Ty r named in the last Will of the Decedent dated / and codicil(s) dated (State relevant circumstances, e.g., rentcnciation, deatk ojexecutor, 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 Petitioner{s) after a proper search has /have ascertained that Decedent left no Wili and was survived by the following Adntirtistratio~t, c. t. a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) (Ijapplicable, enter: c.t.a.; d.6.n.c.t.a.: pendente lire; durance absentia; durance ntinoritnte) (if any) areirs: (If ~ w a"~. _r -.D --~ .. -- J-r ( OtY1PLETB IN ALL CASES:) Attach a ditional sheets if necessary. -r,,, >.•h~ ..... ." pecedent was domiciled at death 'n ~ ivt~'jt'r j~,tJ Cott ,Pennsylvania with his /her last principal residence at ~ ~ ` j1ZL,, itr ~ 3 U a `~ ~ ~-~ .~ w-. t..- tt,,iu ~ ~ 7 O 7 0 (Ust street address, town/city, townsltip, county, state, zip code) Decedent, then ~_ years of age, died on ~V~< ~~ at +~•.s~ ~~ ` • Decedent at death awned property with estimated values as follows: (If domiciled in PA) All personal property (If not domiciled in PA) Personal property in Pennsylvania (If not domiciled in PA) Personal property in County Value of real estate in Pennsylvania situated as follows: $ `~ ~t~ v Whe~~efore, 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: Si nature Ty ed or tinted name and residence A, _ ~ U tr~f~~~ r~ ~/~-/ l N ~ ~/J r~i~'CFr /~'{ +~ C ~~:~.~ ~.•'f ~ ~~ 1~ UAL Forlti RVV-U? rev. 10.13.06 Page 1 of 2 LAST WILL AND TESTAMENT OF w c ~, GENEVIEVE CATHERINE MENAPACE ~`;M ~ c.._ I, GENEVIEVE CATHERINE MENAPACE, domiciled in and a re ., 3 ~~ f Suer ~~f ~~ a Spring, Maryland, do make, publish, and declare this to be my Last Will and ~'esient, lz~reb}~-~~~ revoking all former wills and codicils made by me and intending hereby to dispose of ally i'^' ' probate estate. FIRST Funeral Provisions I direct that the expenses of my last illness and of my funeral be paid; and it is my direction that the amount of my funeral expenses shall be within the discretion of my Personal Representative, notwithstanding any present or future limitation of law, and without the necessity of obtaining a court order authorizing such expenditure. I further authorize my Personal Representative to contract with and pay the official of the cemetery association of the cemetery in which my remains shall be interred for the keeping of the gravesite in perpetual good condition. SECOND Payment on Debts and Exuenses GIMMEL, WEIMAN, ERSEK & BLOMBERG, P.A. ATTORNEYS AT LAW 4 PROFESSIONAL DR. SUITE 145 GAITHERSBURG, MD 20879 (301)840-8565 FAX (301) 590-9784 I direct my Personal Representative to pay out of my residuary estate, as soon after my death as may be practicable, all of my just and enforceable debts. However, my Personal Representative does not need to pay any debt or expense secured by a mortgage, pledge or similar encumbrance on property owned by me at my death if, in the discretion of my Personal Last Will and Testament of Genevieve Catherine Menapace Page 1 of 6 ~~- Representative, the underlying property may properly pass subject to such mortgage, pledge or similar encumbrance. I further direct, however, that my Personal Representative may cause any such secured debt to be carried, renewed, or refinanced from time to time upon such terms and conditions as my Personal Representative may deem advisable, taking into consideration the best interests of my estate and beneficiaries. THIRD Payment of Taxes I hereby direct my Personal Representative to pay out of my residuary estate, and as a part of the expense of administering my estate, all inheritance, estate, transfer, and succession taxes (including, in the discretion of my Personal Representative, interest and penalties thereon) which may be assessed by reason of my death on any property or interest included in my gross estate for tax purposes, whether or not such property or interest is part of my administrable estate. I hereby waive on behalf of my estate any right to recover from any person any part of such inheritance or estate taxes so paid. FOURTH Personal Representative GIMMEL, WEIMAN, ERSEK & BLOMBERG, P.A. ATTORNEYS AT LAW 4 PROFESSIONAL DR. SUITE 145 GAITHERSBURG, MD 20879 (301) 840-8565 FAX (301) 590-9784 I appoint MARTIN J. MENAPACE of Silver Spring, Maryland, as Personal Representative of this my Last Will and Testament. If for any reason MARTIN J. MENAPACE fails to qualify or ceases to act as Personal Representative hereunder, I appoint TRACI L. MENAPACE of Silver Spring, Maryland, as successor Personal Representative. Last Will and Testament of Genevieve Catherine Menapace Page 2 of 6 C ~~ FIFTH Tangible Personal Property It is my belief that I have transferred all of my personal effects (including but not limited to my jewelry, china, silverware, linen, books, household furniture and furnishings and art) to The Genevieve Catherine Menapace Family Trust during my lifetime. However, if any personal effects shall be included in my probate estate, then I hereby give and bequeath my personal effects as follows: I. I give and bequeath all of the personal effects that I may own at the time of my death in equal shares, or as nearly equal shares as practicable, to those of my children who survive me. Such tangible personal property shall be divided among my children as they may agree, but if my children cannot agree upon the division of such property, my Personal Representative shall have full discretion to sell any of said property and apply the proceeds to insure a fair and equitable division. If I leave no surviving children, then the interest passing hereunder shall be distributed to my then living issue, per stirpes. II. Although I realize that the bequest of my personal effects under Paragraph FIFTH I is binding, it is my request that my Personal Representative honor the terms of any memorandum, that I may leave attached to my Will or that I may give to my Personal Representative, regarding the disposition of any or all of my personal effects. SIXTH GIMMEL, WEIMAN, ERSEK & BLOMBERG, P.A. ATTORNEYS AT LAW 4 PROFESSIONAL DR. SUITE 145 GAITHERSBURG, MD 20879 (301) 840-8565 FAX (301) 590-9784 Residuary Estate I give, devise, and bequeath all the rest, residue, and remainder of my estate, real and personal, wherever located, including all lapsed legacies and devises, and including any property over which I have a general power of appointment, it being my intention that nothing herein shall be interpreted as a valid exercise of any such Power of Appointment, absolutely and free of trust, in equal shares to my children namely, MICHELE E. MENAPACE, MARIE C. MENAPACE, MICHAEL C. MENAPACE and MARTIN J. MENAPACE, per stirpes. ~~ (tie,. Last Will and Testament of Genevieve Catherine Menapace Page 3 of 6 TENTH Miscellaneous Provisions Adopted children shall have the same rights as natural born children under this Will. Throughout this Will, the use of any gender shall be deemed to include any other gender or lack of gender as the context may require. If any person named in this Will should die within thirty (30) days after my death, any bequest or devise for such person shall lapse and shall be treated as if such person predeceased me. ELEVENTH Powers of Personal Representative GIMMEL, WEIMAN, ERSEK & BLOMBERG, P.A. ATTORNEYS AT LAW 4 PROFESSIONAL DR. SUITE 145 GAITHERSBURG, MD 20879 (301) 840-85G5 FAX (301) 590-9784 I give unto my Personal Representative full power and authority, without any order of court, to do all things necessary to probate my estate, including, but not limited to, the following: to file joint income or gift tax returns without incurring any personal liability whatsoever for so doing, any and all such personal liability being hereby waived; to borrow money and give security therefor; to sell, mortgage, pledge, exchange, or otherwise deal with or dispose of the property, real or personal, comprising my estate, upon such terms as the Personal Representative shall deem best; to settle, compromise, contest, or otherwise deal with any and all claims in favor of or against my estate and any and all federal estate, state estate, or state inheritance taxes; and to compromise the valuations of any properties in connection with the adjustment of any so-called death taxes -- and the decision of my Personal Representative respecting any such settlement or claims in favor of or against my estate or respecting the compromise of any federal estate, state estate, or state inheritance taxes, or valuations of property in connection therewith shall be subject to question by no one. For any of the foregoing purposes, I expressly authorize and empower my Personal Representative to make, execute, and deliver any and all deeds, contracts, mortgages, bills of sale, or other instruments necessary and desirable therefor. Last Will and Testament of Genevieve Catherine Menapace Page 5 of 6 ~-n~6 SEVENTH General Trust For Those Under The Aye Of Thirty (30) If upon my death or upon the termination (in whole or in part) of a trust herein created, any person entitled to be paid any portion of my residuary estate has not yet attained the age of thirty (30) years, such payment shall be held in further trust by the Trustee as provided below: I. The Trustee shall pay over to or for the benefit of such person from the net income or from the principal thereof such amounts as in its sole and absolute discretion the Trustee shall deem to be necessary, reasonable or desirable for the health, education, maintenance and support of such person. Any net income not so applied shall be accumulated and added to principal. II. When such person shall attain the age of thirty (30) years, the Trustee shall pay over and distribute the principal and income thereof then in its hands, absolutely and free of trust to such person. EIGHTH Gifts Are Not Advancements Unless otherwise specifically provided for in this Last Will and Testament, any gifts of real or personal property which I have made during my life, before or after the execution of this Will, to any person, shall not be deemed to be advancements, and shall not be taken into account in distributing my estate. NINTH No Bond Required I direct that no bond be required of any Personal Representative named in this Will, and GIMMEL, WEIMAN, ERSEK & BLOMBERG, P.A. ATTORNEYS AT LAW 4 PROFESSIONAL DR. SUITE 145 GAITHERSBURG, MD 20879 (301)840-8565 FAX (301) 590-9784 if, notwithstanding this direction, any bond is required by law, that no surety be required on such bond. Last Will and Testament of Genevieve Catherine Menapace Page 4 of 6 ~v In the event my Personal Representative is required to allocate step-up basis among my assets and/or my beneficiaries, my Personal Representative is directed to allocate the step-up basis among all assets which are capable of receiving a step-up basis on a pro rata basis based upon the total value of all assets subject to receiving step-up basis. My Personal Representative is specifically relieved of all liability for such decisions as to the allocation of step-up basis and should any beneficiary challenge in Court such allocation, the Personal Representative is directed to defend such challenge and to charge all costs of such defense to the inheritance left to such challenger. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my Last Will and Testament, consisting of six (6) typewritten pages, on the bottom, right-hand margin of each pa e of which I have affixed my signature for identification this (day of 2005. AL) GENEVIEVE CATHERINE ME PACE We, the undersigned, hereby certify that the foregoing instrument was signed, sealed, GIMMEL, WEIMAN, ERSEK & BLOMBERG, P.A. ATTORNEYS AT LAW 4 PROFESSIONAL DR.~ SUITE 145 GAITHERSBURG, MD 20879 (301) 840-8565 FAX (301) 590-9784 published, and declared on the date stated by the said GENEVIEVE CATHERINE MENAPACE, in our presence, as her Last Will and Testament; and we have, at her request, in her presence, and in the presence of each other, hereunto subscribed our names as attesting witnesses. GERALD K. GIMMEL 4 Professional Drive, Suite 145 Gaithersburg, Maryland 20879 A. VAUGH~-S~~TCER Last Will and Testament of Genevieve Catherine Menapace ~~~ 4 Professional Drive, Suite 145 Gaithersburg, Maryland 20879 Page 6 of 6 OATH OF SUBSCRIBING WITNESS(ES) REGISTER OF WILLS ~ .~ r,•,,, -~~.f ~;~~ ;~=r PENNSYLVANIA Cumberland COUNTY ~ ;-~-? ~~ ~--- ~ ~t ~1;, ti...`.~ ,- , rn, .Y.,.,. c_: :- __. _ £°, -, e `1 ~? -~ 2s _ .. r `~ '.~ C ~C ' ~~.' f? Estate of Genevieve Catherine Menapace ~eceas~cfi~::. Gerald K. Gimmel and Mary A. Vaught-Spencer , (each) a subscribing witness to (Print Name/s) the ®Will ®Codicil(s} presented herewith, (each) being duly qualified according to law, depose(s) and say(s) that she / he / hey was / ere present and saw the above Testator Testatrix sign the same and that she he /they signed the same and that she / he they signed as a witness at the request of the Testator Testatrix in er his presence and in the presence of each other. (Signature) (Sign ure) 4 Professional Drive, Suite 145 (Street Address) Gaithersburg, Maryland 20879 (City, State, Zip) Executed in Register's Office Sworn to or affirmed and subscribed before me this day of , Deputy for Register of Wills NOTE: To be taken by Officer authorized to administer oaths. Form RW-03 rev. 1 Q.13.06 4 Professional Drive, Suite 145 (Street Address) Gaithersburg, Maryland 20879 (City, State, Zip) Executed out of Register's Office Sworn to or affirmed and subscribed before me this `~#~ day of ~U~ l~ , O~~ . w Notary Public My Commission Expires: ~.• D. Hq ~•, (Signature and Seal of Notary or other offi~~`~'-.•,~'etttb"•••. Rq ~i~ administer oaths. Show date of expiratio~bt~'~G,~nirrus~n'~ ~• • ~ ~~`'11//~Y ~ • . w ~ ~ Please have present the original or copy of instrument(s) at timdtariz~tio ~ G •~~ :02• UBL~ : ' , ~: •,~ FRY C~~~.•~