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HomeMy WebLinkAbout10-23-09PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of HUGUETTE THOMPSON also known as BRIGITTE A. ALANDAR BRIGITTE A. ALANDAR ~~ or printed name and residence 3 y W 1LLV W WHY 1JK1 V r. Deceased A. Probate and Grant of tters Testamentary and aver that Petitioner(s) is /are the EXECUTRIX last Will of the Decedent dated and codicil(s) dated Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW.) (State relevant 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: Q B. Grant of Letters of Administration (If applicable, enter: c. t. a.; d. b. n. c. t. a.; pendente liter durante absentia; durante minoritate) Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: (If Administration, c. t. a. or d. b. n. c. t. a., enter date of Will in Section A above and complete list of heirs.) ~ Name Relationship Residence ~ File Number ~ ' Zao ~ -' ~q (p Social Security Number 585-32-6212 ~ ~..,, ~ ~ (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. ~ ~ ,,.~ W :, j r . ":3 Decedent was domiciled at death. in CUMBERLAND County, Pennsylvania with his /her last principal ;hgsi~lenc`~e at "~° ~~~ f'~ 39 WILLOW WAY DRIVE EAST PENNSBORO TOWNSHIP ENOLA PA 17025 ~~ ~ s" (List street address, town/city, township, county, state, zip code) ~~1 •» i ~ ~~~ Decedent, then 80 years of age, died on SEPTEMBER 7, 2009 at CAROLYN CROXTON SLANE HOSPICE, i~AUPHIN COUNTY,PA Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ 33,000.00 (If not domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $ ~'b~'°`~ 33 ~ o00 _ situated as follows: 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: ENOLA, PA 17025 Form RW-02 rev. 10.13.06 named in the Page 1 of 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF 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 affirmed2anc~ subscribed befor me the ~~.J~~ day of 200 For the Register Signature of P,~sonal Representative Signature of Personal Representative Signature of Personal Representative File Number: 2 ~ ' l-IJIJ ~'" ~`~ 9'(0 Estate of HUGUETTE THOMPSON Deceased Social Security Number:~~rj - 32-(p Z--~ ~ Date of Death: ,/lj ~, 2~~ AND NOW, 2 '"' U , in consideration of the fore oin Petition, satisfacto roof g g rY P having been presented be ore me, I EC D that Letters are hereby granted to and that the instrument(s) dated _ described in the Petition be admi FEES in the above .estate to probate and filed of record as the last Will (and Codicil(s)) of Decedent. Letters ............... $ 4 y ~ ~ Short Certificate(s) ........ $ ~ ~~--'~ Renunciation(s) .......... $ y~~~~l ... $ ls.~ v ...$ ~.~~ ... $ ... $ ... $ ... $ ... $ ... $ TOTAL .............. $ 132,E -~~" Form RW-02 rev. !0.!3.06 '~ Register of W' s ____ Attorney Signature: Attorney Name: BENJAMIN J BUTLER Supreme Court I.D. No.: 81948 Address: 500 N 3RD ST FL 12 HARRISBURG PA 17101 , r~ ~ ~~;~ ..,~.,~ ~ µ ,~ C7 r=~ ~ ` .a T ~ -,~ . _,. a~. , ~ Telephone: 717-236-1485 =>,i-~-j ' ~ ~~~., 'J~-1 _ . _ . t ~~ . r ...,h :._ ..~~ _,. . ~ 'L.~ ,«`i ;~-, , ?-:~ ~..r~ , . Page 2 of 2 (-L(X~~~-O~g~ 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 15849499 Certification Number ,,,l~l~~~~~~~~~-. " ~~'' ~ SH OF p " E P This is to certify that the information here given is o l 1 , ~y? ~~t ~E g i s e ~f = o`' `L - ,, o -- l inal The or r tra R~ g filed w th me as Loca1 dal Y ~ ~ o _ - "- - z ~ to the State Vital certificate will be forwarded ~ ~ a~ Records Office for permanent filing. c , ~ / / ,, '~---jMENtr~~;,, ~ Local R istrar Date Issued e•a ~ c ~ _..__... c~;. Q ~ ~ ~ -- - __~7n tC".3~ R ~~. ` _ _ _._____r _ ` ) ~y ~ ~~ 1 ~~ .. y.f~ r `, Ysw •"t _...i „~,~ aEV „~ COMMONWEALTH OF PENNSYLVAN{A • DEPARTMENT OF HEALTH • VITAL RECORDS •~~ ~.: '=~ ~-' ? PERAlIANEiVTw CERTIFICATE OF DEATH ~'- ~ ~ ' elactc ~ SeNI instructions snd sxsm Ns on revdirse P ~ STATE FILE NUMBER u 1. Name a Wcadaa (Firri, miaa.. teat. ~, H u LLet t e Thom son 2. Sea a saw SawMy Number +. Wr a Wank IMadn, an r«n 9 P Female 585 -32 _ 6212 eptember 7, 2009 s. Ape (t~N e.rtd.y) unda 1 unda t M. WN d Binh (Monln, 7. 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Pmr ' ] 9 0 ( 1 ~ o ~ Otis ( =~, l I^ it Fl l ~ ~ -- P.rmN N~ 03 Y7~/D LAST WILL AND TESTAMENT c3 OF r_-- r7 `~ :-r1 ~ :, ,-~-~~ j, ~ .,a ~~., ~ HUGUETTE THOMPSON -c ~}~~ _ .~ ~ r~~:= ~ ~ ,~ ~ _ . ,; r _ ~, _.... ~_ l~ I, HUGUETTE THOMPSON, of East Pennsboro Township, Cumberlancfounty,~ ~ ~_~ ~„~~ Pennsylvania, do make, publish and declare this to be my Last Will and Testament, hereby " revoking all Wills and codicils by me at any time made. ITEM 1. I direct that all inheritance and estate taxes becoming due by reason of my death, whether such taxes may be payable by my estate or by any recipient of any property, shall be paid by my Executrix out of my residuary estate, as an expense and cost of administration of my estate. My Executrix shall have no duty or obligation to obtain reimbursement for any such tax so paid, even though on proceeds of insurance or other property not passing under this Will. In the absolute discretion of my Executrix, she may pay such taxes immediately or may postpone the payment of taxes on future or remainder interests until the time possession thereof accrues to the beneficiaries. I also direct my Executrix to pay the expenses of my last illness and funeral expenses from the property passing under this Will as an expense and cost of administration of my estate. It is my desire that there be no funeral service and no viewing of my remains. ITEM 2. It is my desire that my life not be prolonged by extraordinary means if my condition is determined to be terminal and incurable. I am aware and understand that this writing authorizes a physician to withhold or discontinue extraordinary means. ITEM 3. I give, devise and bequeath all of the rest, residue and remainder of my estate, of any kind whatsoever, real, personal and mixed, and wheresoever situate, unto my daughter, BRIGITTE A. ALANDAR, if she survives me. ITEM 4. In the event that my daughter, BRIGITTE A. ALANDAR, should predecease me, or if she and I should die as a result of a common disaster or under such circumstances that it is difficult or impossible to determine who dies first, I give, devise and bequeath all the rest, residue and remainder of my estate of any kind whatsoever, real, personal or mixed, and wheresoever situate unto my Trustee, IN TRUST, for my granddaughters, GABRIELLE ALANDAR and BRYANNA ALANDAR, for the following uses and purposes: (a) The Trustee shall divide the trust corpus into equal parts corresponding in number to the number of my granddaughters who shall survive me, and shall allocate one of such equal parts to each granddaughter. (b) The Trustee shall pay to or expend and apply for the benefit of my granddaughters so much of the income and principal as he, in his sole discretion, deems necessary for the proper support, maintenance, welfare and education of my granddaughters. Any such distribution shall be made only from the part of the trust property designated as being for the granddaughter benefited. Any income not distributed shall be added to principal. (c) The Trustee shall pay over to each such granddaughter the entire principal of her part as it shall exist at her attaining the age of twenty-five (25) years. ~aA~ ,(~, ~Q ~~~a,-,. -2- (d) In the event that one of my granddaughters dies prior to attaining the age of twenty-five (25) years, her part shall be added to the part being held for my surviving granddaughter, or distributed to my surviving granddaughter if she is over the age of twenty-five (25) years. (e) No part of the income or principal of the property held under this trust shall be subject to attachment, levy or seizure by any creditor, spouse, assignee or trustee or receiver in bankruptcy of any beneficiary prior to his or her actual receipt thereof. The Trustee shall pay over the net income and the principal to the parties herein designated as their interests may appear without regard to any attempted anticipation, pledging or assignment by any beneficiary under a trust, and without regard to any claim thereto or attempted levy, attachment, seizure or other process against said beneficiary. ITEM 5. In addition to the powers conferred by law, the Trustee shall have the following powers: (a) To retain in his absolute discretion and for such period as to him shall seem advisable, any and all assets constituting the Trust Fund, without liability, for any loss incurred by reason of the retention of such assets. (b) To change investments and properties, and to invest and reinvest all or any part of the corpus of the Trust hereby established, in such securities, investments, or other property as to him seems advisable and proper, irrespective of whether the same are authorized for the investment of trust funds by the laws of the Commonwealth of Pennsylvania. . ~ ~~.n~n aac. -3- (c) To sell all or part of the property which at any time may constitute a part of the Trust hereby established, at such times, upon such terms, for cash or on credit, with or without security, in such manner and at such prices, either at public or private sale, as to him shall seem advisable and proper, and to execute good and sufficient deeds and bills of sale therefore. (d) To lease any property held by him and fix the duration of the term, irrespective of the provisions of any statute or of the termination of the trust; and to mortgage, pledge, collect, convert, redeem, exchange, or otherwise dispose of any securities or other property at any time held by him. (e) To borrow money, whether to pay taxes, exercise subscriptions, rights, and options, pay assessments or to accomplish any other purpose of any nature incidental to the administration of the Trust hereby established, and to pledge any securities or other property held by him as security therefore. (f) To enforce any bonds, mortgages, or other obligations or liens held hereunder; to enter upon such contracts and agreements and to make such compromises or settlements of debts, claims, or controversies as him may deem necessary or advisable; to submit to arbitration any matter or difference; to vote personally or by proxy any shares of stock which may at any time be held by him thereunder. (g) To consent to the reorganization, consolidation, merger, liquidation, readjustment of or other change in any corporation, company, or association, or to the sale or J -4- ~. lease of the property thereof or any part thereof, any of the securities or other property of which may at the time be held by him thereunder, and to do any act or exercise any power with reference thereto that maybe legally exercised by any person owning similar property in his own right, including the exercise of conversion, subscription, purchase or other options, the deposit or exchange of securities, the entrance into voting trusts, and the making of agreements or subscriptions which he may deem necessary or advisable in connection therewith, all without applying to any court for permission to do so, and to hold, redeem, sell or otherwise dispose of any securities or other property which he may so acquire, irrespective of whether the same be authorized for the investment of trust funds by the laws of the Commonwealth of Pennsylvania. (h) To cause to be registered in his name as Trustee hereunder, or in the names of his nominees without qualification or description, any securities at any time held in the Trust hereby established. (i) To determine the manner in which the expenses incidental to or connected with the administration of the Trust hereby established shall be apportioned as between income and principal. (j) To carry out agreements made by me during my lifetime, including the consummation of any agreements relating to the capital stock of corporations owned by me at the time of my death, and including the continuation of any partnership of which I may be a member at the time of my death whenever the terms of the partnership agreement obligate my estate or personal representative to continue my interest therein, and to enter into agreements for the -s- rearrangement or alteration of my interests or rights or obligations under any such agreements in effect at the time of my death. (k) To apportion extraordinary and stock dividends received by him between income and principal in such manner as he may see fit; provided, however that all rights to subscribe to new or additional stock or securities, and all liquidating dividends shall be deemed to be principal. The Trustee may freely act under all or any of the powers by this Agreement given to him in all matters concerning the Trust hereby established, after forming his judgment based upon all the circumstances of any particular situation as to the wisest and best course to pursue, 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 as an individual, or as trustee of other trusts, or as an agent for other persons or corporations interested in the same matters, or maybe interested in connection with the same matters as stockholders, directors or otherwise. The powers herein granted to the Trustee maybe exercised in whole or in part, from time to time, and shall be deemed to be supplementary to and not exclusive of the general powers of trustees pursuant to law, and shall include all powers necessary to carry the same into effect. The enumeration of specific powers herein shall not be construed in any way to limit or affect the general powers herein granted. ~~~~,~- -6- ITEM 6. The Trustee of the foregoing Trust shall be my son-in-law, RICHARD ALANDAR. In addition to other provisions applicable to trustees generally, the following provisions shall apply to the Trustee: (a) No bond or surety shall be required of the Trustee or of any successor Trustee who shall serve hereunder. (b) The Trustee or any successor Trustee may resign by an instrument in writing. (c) The Trustee or any successor Trustee may appoint any person, firm or corporation, other than the Testatrix or any firm or corporation which the Testatrix has an interest, as successor Trustee. (d) Any successor Trustee shall have and may exercise all the rights, powers, duties and discretions conferred or imposed on the Trustee. (e} No one dealing with any Trustee need inquire concerning the validity of anything the Trustee purports to do, or see to the application of any money paid or property transferred to or upon the order of the Trustee. (f) No successor Trustee shall be obliged to examine the accounts and actions of any previous Trustee. (g) No successor Trustee shall be responsible in any way for any acts or omissions of any previous Trustee. _~_ ~ (h) No Trustee shall be liable for any act or omission unless the same be due to that Trustee's own willful default. (i) The compensation to be paid to any Corporate Trustee for its ordinary services as Trustee shall be at the rates prescribed for similar trust services in its standard compensation schedule in effect at the time of each charging of such compensation, unless it agrees in writing to a different fee arrangement. Any Corporate Trustee shall receive reasonable additional compensation for all requested or required extraordinary services. It may deduct the compensation at such time or times and from such sources as it may reasonably determine. Reasonable compensation shall be paid to any individual serving as Trustee, unless the individual waives the right to receive compensation. ITEM 7. If any income or principal shall be payable to any beneficiary who shall be a minor or shall be under a legal disability or in the sole judgment of my Executors or Trustee shall otherwise be unable to apply such payments to his or her own best advantage (hereinafter referred to as minority or incapacity), my Executors or Trustee shall hold such income and principal during minority or incapacity and shall apply such income and principal to the health, maintenance, support and education of such beneficiary during minority or incapacity without the appointment of any guardian or committee or any authority of court and shall make all or any portion of any such payment in any one or more of the following ways: (a) Directly to such beneficiary. _g_ 1 (b) To the legal guardian or conservator or custodian under the Uniform Transfers to Minors Act of such beneficiary. (c) To a relative of such beneficiary to be expended by such relative for the benefit of such beneficiary. (d} By themselves, expending the same for the benefit of such beneficiary. Any remaining income and principal to which such beneficiary shall be entitled shall be paid and distributed to such beneficiary on the termination of minority or incapacity. ITEM 8. I hereby nominate, constitute and appoint my daughter, BRIGITTE A. ALANDAR, as Executrix of my estate. In the event that she is unable or unwilling to serve in this capacity, I then nominate, constitute and appoint my son-in-law, RICHARD ALANDAR, of Enola, Pennsylvania, as Executor of my estate. In addition to the powers conferred by law, my Executors shall have the same powers granted to my Trustee in ITEM 5 above. My Executors are specifically relieved from the duty or obligation of filing any bond or bonds. My Executors are hereby authorized to disclaim any interest in property in accordance with Chapter 62 of the Probate, Estates and Fiduciaries Code or Section 6103 thereof and may do so without court authorization. ITEM 9. For the convenience of my Executors, I note that this Will has been prepared by Ronald D. Butler, Esquire and the Butler Law Firm. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my Last Will and Testament, this day of n ~ ,(~t,..t_ , 2009. ~,. ~~ ~ ~~ ~~~ D ems- (SEAL) Huguette Thompson WITNESS __~ es~n~~s~~ 3sry G~-» ~~ /lp ~ residing at 3 ~ ~tl ~,'~~O~~y ~ay ~r i v e ~,~ o ~d ~ . -10- COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND We, H GUETTE THOMPSON, ~ o ,N ,~1..~ ~ ~~ c...y~- C_ ~lZ. ,and ~ ,~ ~ L ~ ,~j,q.(L,. ,the Testatrix and the witnesses respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testatrix signed and executed the instrument as her Last Will and that she had signed willingly (or willingly directed another to sign for her) and that she executed it as her free and voluntary act for the purpose therein expressed, and that each of the witnesses, in the presence and hearing of the Testatrix, signed the Will as witness and that to the best of their knowledge, the Testatrix was at that time eighteen years of age and older, of sound mind and under no constraint or undue influence. Huguette Thompson Witness W tness Subscribed, sworn to and acknowledged before me by HUGUETTE T OMPSON, the estatrix, and subscribed and sworn to before me by o ~ _ uT ,and ~ C 1-E A ~ t.An~A f4le-~ ,the witnesses, this day of ~~~ ~ , 2009. ~~ ary Public My Commission Expires: COMMONWEALTH Of PE~INSYLVAPt1A NOTARIAL SEAL CHERYL L. FERGtISON, P#otary Public City of Harrisburg, D~ County My Com~missian Expires 6, 2012 -11-