HomeMy WebLinkAbout10-07-09
REGISTER OF WILLS OF C u /JI J,~~/2G.AND COUNTY, PENNSYLVANIA
Estate of _J'DQn/1 k• ~JaudO kX
also known as
Deceased
Petitioner(s), who is/are 1$ years of age or older, apply(ies) for:
(COMPLETE 'A' or 'B' BELOW:)
® A. Probate and Grant of Letters Testamentary and aver that Petitionerj~.is /~ the ~:~XeGlafl'~X named in the
last Wi]l of [he Decedent dated ~Qn• TDI ~~7 and codicil(s) dated
(State relevnnt circumstances, e.g., renunciatiou, 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 Administratio
File Number oZf'- ~9 '- 0 0 t
Social Security Number f 0 ~ ~ z' ~ - 9b ~D
.a
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(/fnpplicnble, enter: c.t.n.; d. b.n.c.t.n.; pendentelite; durnntenbsei~tia; durnnl~~inoritate)
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Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following spou'se{~f any) aneiwbeirs:
Ad»tinisa~atiat, c.t.a. or d.b.n.c.t.a., eruer date of Will in Section A above and complete list ofheits.J ';-'. `-~ ~
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;nce at S.Z.?:
(COMPLETE IN ALL CASES:) Attac/: additional sheets if necessary.
De edent was domiciled at death in C u.rnbtrland County,
lNi~sorl Lane, /herhanics urru LDwer ~ T
(Lis! sG'eet address, town/cit)~, township, count), stn ,zip code)
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Decedent, then 8~o years of age, died on /~u ~3, ~ at ~~./ilQlhV ~~~~~~1G,, ~1~~-1 T~-~ LL~~j~L,e.
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All persona] property $_/~ DQGr . OG
(If not domiciled in PA) Personal property in Pennsylvania $_ A//,4
(If not domiciled in PA) Personal property in County $ N/~
Value of real estate in Pennsylvania $ ~-~if
situated as follows:
Fa'm 1i61'-U2 rein. 10.11.06
Page 1 of 2
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:
Oath of Personal Represelltati~~e
COMMONWEALTH OF Virginia
COUNTI' OF
Fairfax
SS
The Petitioner(s) above-named swear(s) or affirni(s) that the statements in the foregoing Petition are true and con•ect 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. ~
Swop., to or affirmed and subscribed
before me the 1st day of
Persona(Represenrative ~ON/V/E' 8. /~~(~i~}Q
$~uDDax MA~/A-Da a.Ka
0 c t ob er 2 G O9 Signnnu•e ojPersonnl Representative r,.a
Join T. Frey, rk Fairfax Circut Court ~?~ ~ I:
by: ~ .~ -,
D ep y Clerk Signntw•e of Persons! Representative "~' `..~ C"')
.. ~P t'7
7 J t `
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File Number: °2~- D 0 ` 7 ;i~ ,~
Estate of ~~ an n n' ~~~~~ , Deceas d O ' i
Social Security Number: ii SS' 0~0' 96~ Date of Death: ~iequSt ~ZoO9
AND NOW, ~~ Vf ~-~ ,~~~, in consideration of the foregoing Petition, satisfactory proof
having been presented before e, IT IS DECREED that Letters ~-5 2A~Eyl Qf~ nn
are hereby granted to BD111)iC ~Q,IL~Oll7C mae~4G~0~ aII4 ~oi~nle L7. /}1QCf14e,~o
in the above estate
and that the instrument(s) dated ;TQA ZO, 144
described in the Petition be admitted to probate and filed of reco ~d as the last Wil] (and Codicil(s)) of Dne~cedent. r n
FEl;S ~h f~"*~{V~
Letters ............... $
Short Certificate(s) ........ $___~_~1~_.
Renuncia ion(s) .......... $
... $
. "$
... $
...$
... ~
,..~
.. $
TOTAL .............. $
T Register of N'ills /'~7~ ~
Attorney Signature: (/~~~~iZ~ ~iC~~~Cee?%~!'Lr~i'
Attorney Name: C.-f?QI`~.!'S ~ ~ry~ ~~S
Supreme Court I.D. No.: 38$1'3
Address: ~ ~~oU5G'/' R~.pl
mecl~an;~sbw~, PR ~?osMS'
Telephone: ~~? 7610 "'O.ZO~f
F~,n, t~ti'-vz ,~,~ ~o.i3.o~ Page 2 of 2
d
Last Will
of
JOANN H. BAUDOUX
s •~
I, 10ANN H. BAUDOUx, a resident of Cumberland County, Pennsylvania, declare that this is my
will. I hereby revoke all my previous wills and codicils.
Article One
Introductory Provisions
Secticn 1. Marital Status
I am not currently married.
Section 2. Children
a. The name(s) and birth date(s) of the children of JOANN x. BAUVOUx are:
Name Birth date
BONNIE BAUDOUX MACHADO January 13, 1947
All references to the children of 7oANN H. BAUDOUx in this instrument are to these
children and any children subsequently born to or adopted by her.
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Article Two
Appointment of My Personal Representatives
Section 1. Nomination of My Personal Representatives
I appoint the following to be my Personal Representative:
(I) BONNIE BAUDOUX MACHADO; THEN
(2) RICHARD A. MACHADO
If, for any reason, any Personal Representative(s) named above are unable or unwilling to serve,
the next named successor Personal Representative(s) shall serve until the successor Personal
Representative(s) on the list have been exhausted. Unless otherwise specified, if Co-Personal
Representatives are serving, the next following named successor Personal Representative shall
serve only after all of the Co-Personal Representatives cease to act as Personal Representatives.
Section 2. Waiver of Bond
No bond or undertaking shall be required of any Personal Representative nominated in my will.
Section 3. General Powers
My Personal Representative shall have full authority to administer my estate under the laws of
the Commonwealth of Pennsylvania relating to the powers of fiduciaries. My Personal
Representative shall have the power to administer my estate under the Pennsylvania Probate,
Estates and Fiduciaries Code.
2
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Article Three
Disposition of My Property
Section 1. Distribution to My Revocable Living Trust
I give all of my property of whatever nature and kind and wherever located to my revocable
living trust of which I am a Trustor, known as:
JOANN H. BAUDOUX, Trustee, or their s cc rs in trust, under the JOANN H.
BaUDOUx I,tvtNG TRUST dated JAN ~ ~ ~~~! and any amendments
thereto
Section 2. Alternate Disposition
If my revocable living trust is not in effect for any reason, I give all of my property to my
Personal Representative under this will as Trustee, who shall hold, administer and distribute my
property as a testamentary trust, the provisions of which are identical to those of my revocable
living trust on the date of execution of my will.
Article Four
Death Taxes
Section 1. Definition of Death Taxes
The term "death taxes," as used in my will, shall mean all inheritance, estate, succession and
other similar taxes that are payable by any person on account of that person's interest in the estate
of the decedent or by reasor. of the decedent's death, including penalties and interest, but
excluding the following:
a. Any addition to the federal estate tax for any "excess retirement
accumulation" under Internal Revenue Code Section 4980A.
b. Any additional tax that may be assessed under Internal Revenue Code
Section 2032A.
3
c. Any federal or state tax imposed on ageneration-skipping transfer, as
that term is defined in the federal tax laws, unless the applicable tax
statutes provide that the generation-skipping transfer tax is payable
directly out of the assets of my gross estate.
Section 2. Payment of Death Taxes
Pursuant to the terms of my revocable living trust, all death taxes, whether or not attributable to
property inventoried in my probate estate, shall be paid by the Trustee from that trust. However,
if that trust does not exist at the time of my death, or if the assets of that trust are insufficient
to pay the death taxes in full, I direct my personal representative to pay any death taxes that
cannot be paid by the trustee from the assets of my probate estate by prorating and apportioning
those taxes among the beneficiaries of this will.
Notwithstanding any other provision in my trust, all death taxes incurred by reason of assets
transferred outside of my trust or probate estate shall be assessed against those persons receiving
such property.
Article Five
General Provisions
Section 1. No Contest Clause
If any person or entity other than me singularly or in conjunction with any other person or entity
directly or indirectly contests in any court the validity of this will, including any codicils thereto,
then the right of that person or entity to take any interest in my estate shall cease, and that person
or entity shall be deemed to have predeceased me.
Section 2. Captions
The captions of Articles, Sections and Paragraphs used in this will are for convenience of
reference only and shall have no significance in the construction or interpretation of this will.
4
Section 3. Severability
Should any of the provisions of my will be for any reason declared invalid, such invalidity shall
not affect any of the other provisions of this will, and all invalid provisions shall be wholly
disregarded in interpreting this will.
Section 4. Governing Law
This will shall be construed, regulated and governed by and in accordance with the laws of the
Commonwealth of Pennsylvania.
I signed this, my last will, on ~ ~' -. 1~f `I'7
J
H.BAUDOU
5
The foregoing Will was, on the day and year written above, published and declared by JOANN
H. BAUDOUX in our presence to be her Will. We, in her presence and at her request, and in
the presence of each other, have attested the same and have signed our names as attesting
witnesses.
We declare that at the time of our attestation of this Will, JOANN H. BAUDOUX was, according
to our best knowledge and belief, of sound mind and memory and under no undue duress or
constraint.
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Address:
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COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF DAUPHIN
We, JOANN H. BAUDOUX, L.riN~/~ ~~~jZ~~F~, and v`-~~ (~- c~~iVc-C~ the
Testatrix and the witnesses, respectively, whose names are signed to the foregoing Will, living
been sworn, declared to the undersigned officer that the Testatrix, in the presence of witnesses,
signed the instrument as her last Will, that she signed, and that each of the witnesses, in the
presence of the Testatrix aid in the presence of each other, signed the Will as a witness.
Div H. BAUDUU`X
Subscribed and sworn before me b JOANN H_ . BAUDOUX,
N; ~ Zy~ ~t'G~ and ~ • ( 1) l~
N ~ ~ , 1997.
c.~
Notary Public
My commission expires:
~~~~t~~z~~~ ~~>2L
i s~ 5hr`y~ ~' i GaU^1~eil Cr!?1111t11
the Testatrix, and by
the witnesses on
7
D~ ~Y
4 Register of Wills of Cumberland County
State of Pennsylvania SS.
County of Cumberland
BE IT REMEMBERED, that I, Glenda Farner Strasbaugh, Register of Wills of
Cumberland County, Pennsylvania, do hereby commission you, Linda Zehner, Probate
Division Clerk of the Fairfax Circuit Court, or one of your deputies, to administer the
Oath of Personal Representative in the Estate of Joann H. Baudoux, late of Lower Allen
Township, Cumberland County, Pennsylvania pursuant to Section 3154 of the Probate
Estates and Fiduciaries Code, 20 Pa.C.S.A.3154.
IN TESTIMONY WHEREOF, I have here unto set my hand and affixed my seal
the 21st day of September, 2009.
~~~~,
lenda Farner Strasbaugh
Register of Wills
Cumberland County
Glenda Farner Strasbaugh
Register of Wills &
Clerk of the Orphans' Court
Kirk S. Sohonage, Esquire
Solicitor
1 Courthouse Square, Room 102
Carlisle, PA 17013
OFFICES OF
Marjorie A. Wevodau
First Deputy
Wanda S. Zeigler
Second Deputy
(717) 240-6345
FAX (717) 240-7797
1-888-697-0371 x 6345
~Regi~ter of ~i~~~ ~irtD~ ~rer~ of t~je ®r~p~j~r>t~' court
~outttp of CCuntr,erlan0
September 21, 2009
Attn: Linda Zenner -Clerk of Court
Fairfax Circuit Court
Probate Division
4110 Chain Bridge Road, Suite 401
Fairfax, VA 22030
IN RE: Estate of Joann H. Baudoux, deceased
Estate No. 21-09-0879
Your Honor:
Enclosed please find a Commission to Take Oath, Petition for Probate and Grant
of Letters and Oath of Personal Representative.
If you would please advise Bonnie B. Machado, when she may appear before the
Probate Court to execute the oath, it would be appreciated. Bonnie B. Machado's
telephone number is 703-322-1139.
Enclosed you will find an envelope for the return of the Petition and Oath. If you
have any questions or concerns, please feel free to call.
Respectfully,
Enclosures
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lenda Farner Strasbaugh
Register of Wills and Clerk of the Orphans' Court
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