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HomeMy WebLinkAbout07-10-09PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of WILDAH.BAILEY File Number 2l 09 QC23 `~ also known as ,Deceased Social Security Number 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 Peti[ionet{s) is /are the dated and codicil(s) dated (State relevant circumstances, e.g., renunciation, death of executor, etc.) _- n-, O ~~ ~". ~ natnF~l Except as follows, Decedent did not marry, was not divorced, and did not have a child bom 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 (/fappticabte, enter: c.t.a.; d.b.n.at.a.; pendente lice; durance absentia; durance minoritate) 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:(/j Administration, c. t. a. or d.b.n. c. t.a., enter date of Wi[[ in Section A above and complete list ojheirs.) Decedent was domiciled at death in Cumberland County, Pennsylvania, with his /her last principal residence at 770 South Hanover Street Carlisle PA 17013 Cazlisle Boroueh (Lis7 slreel address, lown~ciry, township, county, state, zip code) Decedent, then 90 years of age, died on 6/12/09 at 770 South Hanover Street Cazlisle Carlisle Boroueh PA 17013 Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ 10 000 00 (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: Wherefore, Pe[itioneKs) respectfully request(s) the probate of the last Will and Codicil(s) presented with [his Petition and the gran[ of Letters in [he appropriate form [o the undersigned: Signature Typed or printed name and residence Keith E. Bailey 717-245-3612 Page 1 of 2 Form RW-01 rev. 70./3.06 (COMPLETE INALL CASES:) Attach additional sheets if necessary. Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND The Petitioner(s) above-named sweaz(s) or affirm(s) that the statements in the foregoing Petition aze tme and correct to the best of [he lmowledge and belief of Petitioner(s) and [hat, as personal representative(s) of the Decedent, Petitioner(s) will well and tmly administer the estate according to law. me the day of Signature of Personal Representative File Number: 21 - ~~ ~ ~ ~3 Estate of WILDA H. BAILEY Social Sec N ber: 1771( AND NOW, having been presented fore IS aze hereby granted to m the above estate and that the instrument(s) dated ~ ~ ~ /~ n~~~ described in the Petition be admitted to probate and filed of record as the last Will FEES , //~ Letters ............................. $ ~J~J Short Certificate(s) •••••••••••• $ ==r- Renunciation(s) •••••••••••••••• $ ,/ ... $ f~~ .... $ ~,~ .... $ .... $ .... $ .... $ .. $ .... TOTAL ............................. $ N G Date of Death: 6/12/09 ~,'% v- 'Ll _i r, f=+"i !'fi't -D r , 2009 , in consideration of the foregoing Petition, satisfactory proof Attomey Signature: Attomey Name: Supreme Court LD. No.: 29943 Address: 10 East Hieh Street Cazlisle Telephone: 717-243-3341 Farm RW-01 rev. 10.!3.06 Page 2 of 2 Sworn to or affirmed and subscribed Q~ l>~' I~ r 1 ~-(-!'7 Signature of Personal Representative lossos rzEV ~olro-r> LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It Is Illegal to duplicate this copy by photostat or photograph. ~ Fee for this certificate, $6.00 P 15608863 Certification Number This is to certify that the information here given is correctly copied from an original Certificate of Death duly filed with me as Local Regis[raz. The original certificate will be forwazded to the State Vital Records Office for permanent filing. r~~Fa.~.c~ie"~r°~c'C' .Ittl1 1 ~ ~ Local Registrar Date Issued N_ I O ~O ~ ~';5 ~ ~~ ~ (_ r rYi ~'. 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M.M g awn IxN I b.Y MwYPINYnwYYYL 1____________ NY R P G/ Q • WdlvYmr/LSSY Eb1YxYb aasYiYYYa/d BnYtlxYdyYmx.aady xrAYdmraBma.Nab,.Y xba Yed.mBYYYN•IYedxb.YaYl ^ aoxn lllmnl *ra/wa ~ w~ ax RxabAY. ~ ~ BI° a.r. - NOfGd G~ ~l ~Q~ 1-4. pµal6n B.mB W. h~i994 ~ LAST WILL AND TESTAMENT OF WILDA H. BAILEY c~ q- C~~~ n N d +^~ ~ ~ '~y~ JJ ,.,I7 L ~ C1'I ~. -~ ,' X C ": i"~ ~~ O A N _, O i Elder Law Firm of MARSHALL 6r ASSOCIATES Williamsport, Jersey Shore, and Wilkes-Barre, Pennsylvania Administrative Office 303 Allegheny Street Jersey Shore, Pennsylvania 17740-1405 570-398.7603 LAST WILL AND TESTAMENT OF WILDA H. BAILEY I, WILDA H. BAILEY, currently residing at 770 South Hanover Street, Apartment 226 N, Carlisle, Cumberland County, Pennsylvania, declare that this is my Will and I revoke all other Wills and Codicils which I have made. ARTICLE 1 FAMILY 1.01. IDENTIFICATION OF MY FAMILY. 1 declare that I am a widow and that I have two children: KEITH E. BAILEY and JANET L. ZEIGLER. 1.02. DEFINITION OF FAMILY TERMS. As used in this Will, the term "my children" refers only to the above-referenced children set forth in Paragraph 1.01. The term "my children" excludes all other persons. For purposes of inheritance from me, the "children" of an individual shall be interpreted to include persons who have been legally adopted by the individual but shall exclude stepchildren who have not been legally adopted. ARTICLE 2 PAYMENT OF DEBTS AND TAXES 2.01. PAYMENT OF DEBTS. I direct my Executor to pay all of my debts that my Executor in my Executor's sole discretion may allow as claims against my estate. 2.02. PAYMENT OF TAXES. I direct my Executor to pay out of the principal of my residuary estate all inheritance, transfer, estate, and similar taxes (including interest and penalties), assessed or payable by reason of my death, on any property or interest in property which is included in my estate for the purpose of computing such taxes. My Executor shall not require any recipient of such property or interest in such property to reimburse my estate for taxes paid under this paragraph. ARTICLE 3 DISTRIBUTION OF ESTATE TO BENEFICIARIES 3.01. SPECIFIC BEQUESTS AND PERSONAL EFFECTS. a. I give all of my jewelry, clothing, household furniture and furnishings, personal automobiles, books, and other tangible articles of a household or personal nature, not othervvise specifically disposed of by this Will or in any other manner to mythen-living children. The recipients shall divide these items among themselves in substantially equal shares as they shall agree. If no such agreement is reached within ninety (90) days after my death, then such personal effects shall be divided or sold in such manner as my Executor shall direct. If none of my children are then living, these gifts shall lapse and pass as part of the residue of my estate. b. I request, but do not direct, that the recipients of my personal items distribute them in accordance with any letter or other instructions which I may leave at my death. Any such instructions shall not have the effect of modifying or revoking this Will. 3.02. DISPOSITION OF RESIDUARY ESTATE. I give all of the rest, residue, and remainder of the property that I own at the time of my death, both real and personal, of every kind and description, wherever situated, to which I may be legally or equitably entitled at the time of my death (my "residuary estate"), in equal shares to my children, KEITH E. BAILEY and JANET L. ZEIGLER. In the event that either of my children should fail to survive me, I direct that his or her share of my estate shall be paid in equal shares to those of his or her children who do survive me. In the event that either of my children should fail to survive me and leave no children who so survive me, then I direct that his or her share shall be paid as an addition to the shares of other beneficiaries of my residuary estate in proportion to their interests in my residuary estate. ARTICLE 4 FIDUCIARIES 4.01. EXECUTOR. I appoint my children, KEITH E. BAILEY and JANET L. ZEIGLER, to be co- Executors of my estate. In the event that either of the persons named as co-Executor is unable or unwilling to act or continue as such, for any reason whatsoever, I direct that no successor need be appointed and that the remaining person named as co-Executor shall have full power to act as sole Executor of my estate. 4.02. WAIVER OF BOND. None of the Executors, Guardians, or other Fiduciaries named in this Will shall be required to furnish bond for the faithful performance of his or her duties. ARTICLE 5 POWERS OF FIDUCIARIES AND MISCELLANEOUS PROVISIONS 5.01. POWERS OF FIDUCIARIES. My Executors, Trustees, Guardians and their successors (hereafter sometimes referred to in the singular as the "Fiduciary"), shall have the following powers in addition to those vested in them by law and by other provisions of my Will, applicable to all property, whether principal or income, including property held for minors, exercisable without court approval, and effective until actual distribution of all property: a. To retain and continue to hold any or all of the assets of my estate, real or personal, including any shares of stock or other securities I may own without restrictions to investments authorized for Fiduciaries, as they deem proper, without regard to any principle of diversification or risk. b. To invest in all forms of real and personal property (including, without limitation, stocks, bonds, and mutual funds), without restriction to investments authorized for Fiduciaries, as the Fiduciary shall deem proper, without regard to any principle of diversification or risk. c. To sell at public or private sale, to exchange, or to lease for any period of time, any real or personal property with such prices and upon such terms or conditions as the Fiduciary deems proper. d. To allocate receipts and expenses to principal or income or partly to each as the Fiduciary from time to time thinks proper. e. To borrow from, or to sell to, any of my Fiduciaries even though the Fiduciary is a Trustee, Executor, or Guardian. 2 f. To continue and operate, to sell or to liquidate, as the Fiduciary deems advisable, at the risk of the estate, any business or partnership interests received by my estate or any trust or guardianship estate. g. On any division of an estate into separate shares ortrusts, to apportion and allocate the assets of the estate in cash or in kind, or partly in cash and partly in kind, or in undivided interests in the manner deemed advisable in the discretion of the Fiduciary; after any division of the estate, the Fiduciary may make joint investments with funds from some or all of the several other shares ortrusts, but the Fiduciary shall keep separate accounts for each share or trust. h. To abandon any asset or interest therein in the discretion of the Fiduciary. i. To manage, control, improve, and repair real and personal property belonging to any estate. ' j. To employ attorneys, investmentadvisers, accountants, brokers, tax specialists,avd any other agents deemed appropriate in the discretion of the Fiduciary, including persons associated with or employed by any Fiduciary, and to pay from the estate such compensation as the Fiduciary deems reasonable for all services performed by any of them. k. To procure and carry at the expense of the estate or trust insurance of the kinds, forms, and amounts deemed advisable by the Fiduciary against any hazard. I. To compromise, submit to arbitration, release with or without consideration, or otherwise adjust claims in favor of or against any estate; to commence or defend litigation affecting the estate or any property thereof as deemed advisable by the Fiduciary. m. To pay all taxes, assessments, compensation of the Fiduciary, and all other expenses incurred in the collection, care, administration, and protection of the estate. 5.02. MISCELLANEOUS PROVISIONS. a. As long as any income or principal to which any beneficiary under my Will may be entitled remains in the possession of the Fiduciary and is not actually distributed to the beneficiary, such income or principal shall not be subject to anticipation or alienation by the beneficiary, by assignment, or by any other means (except as specifically authorized herein), and it shall be free and clear of the beneficiary's debts and obligations and shall not be taken, seized, or attached by any process whatsoever. b. No person dealing with the Fiduciary shall be bound to see to the application of any purchase money or other consideration or to inquire into the validity, necessity, or propriety of any transaction to which the Fiduciary may be a party. c. My Executor shall have the power, without court approval, to disclaim, in whole or in part, any interest in property or right or power in which my estate may have any interest, and to execute all documents which may be appropriate to any such disclaimer. 3 d. If a Fiduciary is at any time required to make payments of principal or income to or for the benefit of any beneficiary who is a minor, or is an incompetent or incapacitated person, or is a person whom the Fiduciary in his or her sole discretion deems unable to handle funds properly or wisely if paid directly to the beneficiary, the Fiduciary in his or her sole discretion and without court approval may make payments in any one or more of the following ways: (1) Directly to the beneficiary; (2) Tothe natural Guardian or legallyappointed Guardian ofthe Person or Estate of the beneficiary; (3) By making expenditures directly for the care, support, maintenance, or education of the beneficiary; (4) To any person or organization furnishing care, support, maintenance, or education for the beneficiary; (5) To any custodial parent of a minor beneficiary; (6) Directly to creditors in payment of the debts and expenses of the beneficiary; (7) To an Agent authorized to act for the beneficiary pursuant to a Power of Attorney. The Fiduciary shall not be required to see to the application of any funds paid or applied in any of the aforementioned ways and the receipt of the payee shall be full acquittance. The decision of the Fiduciary with regard to the selection of which of the aforementioned methods should be used in making payments shall be conclusive and binding on all parties concerned. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 11th day of April, 2003. WILDA H. BAILEY Signed, sealed, published, and declared bytheahove-named, WILDA H. BAILEY (the "Testator"), as and for the Testator's Last Will in the presence of us and each of us, who, at the Testator's request and in the Testator's presence and in the presence of each other, have hereunto subscribed our names as witnesses thereto the day and year last above written. I~,~~--- residing at PO Box 257 Montandon, PA 17850 residing at PO Box 108 Beech Creek. PA 16822 4 COMMONWEALTH OF PENNSYLVANIA COUNTY OF LYCOMING SS We, WILDA H. BAILEY, KATHY A. KRON, and MICHAEL F. RENTKO, the Testator and witnesses, respectively, whose names are signed to the foregoing instrument, being first duly sworn, do hereby declare that the Testator signed and executed the instrument as the Testator's Last Will and Testament, and that the Testator signed willingly and executed the instrument as the Testator's free and voluntary act for the purposes therein expressed, and that each of the witnesses in the hearing and presence of the Testator signed the Will as witnesses, and that to the best of the witnesses knowledge the Testator was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. ~~~ ~J WILDA H. BAILEY, Testator ~~ KA Y A. R ,witness ~.~~ MICHAEL F. RENTKO, witness ON THIS, the 11t" day of April, 2003, before me, JOETTA A. LOSE, the undersigned officer, personally appeared KATHY A. KRON, known to me or satisfactorily proven to be a member of the Bar of the Supreme Court of Pennsylvania, and certified that she was personally present when the foregoing acknowledgment and affidavit were signed by the Testator and witnesses. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. My Commission Expires 5 N Q RENUNCIATION REGISTER OF WILLS CUMBERLAND COUNTY, PENNSYLVANIA n O C ~O 1, ~ ~... _ n of (ltth'} ~ C. ~ C:r? O ` ~. - T :~CG = : _ ~ ~ : ~ ~ i ~ ~ b N .. ::". ..~ O Estate ofWILDA H. BAILEY ,Deceased I, J A N E T L. Z E I G L E R , in my capacity/relationship as (Print Nome) Executor of the above Decedent, hereby renounce the right to administer the Estate of the Decedent and respectfully request that Letters be issued to KEITH E. BAILEY ©O° (Date) ~--~a , (Signature) 3553 ROYAL STEWART COURT (StreetAddress) ~TNCINNATT OH 45245 (City. State, Zip) Executed in Register's Office Sworn to or affirmed and subscribed before me this day of Deputy for Register of Wills Executed out of Register's Office Before the undersigned personally appeared the party executing this renunciation and certified that he or she executed the renun iation for the purposes stated within on this~day of ~~ltltt , AIn ~~ PU6~ Notary ublic M Commission Expires: ~ GtOb.tA~ ~ i a"('f f ~ AMY J. PADyGETT NMefy P~~' ~ d Seal of No[ary or other official qualified to MY ~~ N , a[hs. Show date of expiration of Notary's Commission.) Form RW-06 rev. 10.!3.06