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HomeMy WebLinkAbout01-26-10PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND Estate of Maxine C. Potts also known as COUNTY, PENNSYLVANIA File Number ~21~69-~ 2 j_~Q~GQ~~ ,Deceased Social Security Number 408-03-3234 rennoner(s), who is/are 18 years of age or older, apply(les) for: (COMPLETE ;4' or B' BELOW.•) ^X A. Probate and Grant of Letters Testamentaryand aver that Petitioner(s) is/are last Will of the Decedent, dated 05/14/2007 and codicil(s) dated the Executors named in the State relevant dreumstances, e.g., renundafion, death of executor, efc. Except as follows, Decedent did not many, 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 a , en er. a .a.; ..n.c..a.; en a e; uren e a se ra; uren a m/ a e 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(/f Administration, c.t.a. or d.b.n.c.t.a., enter date of wll in Section A above and complete list of heirs.) C Q AL....... - .~~~ ~T. C.1 -.,... _. 7 t: : ~ : :13~,.~ __.. ~ ~ ~ CTi ; : _ _- ~ "mot .. _^C'T`I^ 1V ~;~ C~ (COMPLETE /N ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at 18 Har~iohn Drive, Carlisle, Dickinson Township, Cumberland, PA 17015 (List street address, town/clty; township, county, state, zip code) Decedent, then 96 years of age, died on 12/16/2009 at Carlisle Regional Medical Center, Cumberland County, Pennsylvania Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ (If not domiciled in PA) Personal property in Pennsylvania $ (If not domicled in PA) Personal property in County $ Value of real estate in Pennsylvania $ 125,000.00 situated as follows: Wherefores 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 forth to the undersigned: --~~ ~- - I ypea or punted name and residence Timothy W. Potts 18 Har~lohn Drive - a Carlisle, PA 17015 ,~ y George W. Potts Jr. 9813 Church Hliu el Upper Marlboro, MD 20772 Form RW-02 Rev. to-is-loos Copyright (c) 2006 form software only The Lackner Group, Inc. Page 1 of 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA } SS couNTY OF Cumberland 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 cadent, Petitioner(s) will w d truly administer the estate according to law. ~ (o Swom to or affim-ed and subscribed - ~ ~ ""'~ ~ ~ '~ before me this ~ day of ,~ . ~. Q Signature of Personal Representative G O g@ OttS '' ~. ~ FOr the Register Signature of Personal Representative ~ o C~ © -:n ~ iT ~::. f''~ -q ~ pr r; :~ f.-.. ~ C . ~. 7 ) File Number: 2I 'I Q' ~~ *..,C~~~ Estate of Maxine C. Potts ` -~``~ Dec~lase Social Security Number: 408-03-3234 Date of Death: 12/16/2009 ~~ ;,"`7 C'~ _ I . ~ ~-: !V -T, AND NOW, ~' ~f / U , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT I D ,CREED that Letters Testamentary are hereby granted to Timothy W. Potts and Geors~e W. Potts Jr. in the above estate and that the instrument(s) dated 05/14/2007 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent FEES Letters .......................................... $ 260.00 Short Certificate(s) ........................ $ 20.00 Renunaation(s) ............................. $ Automation Fee $ 5.00 JCS Fee $ 23.50 Wiii $ 15.00 $ $ $ $ $ $ TOTAL .................................. $ 323.50 Attorney Signature: Attorney Name: Saidis, Flower ~ Lindsay Address: 26 West High Street Carlisle, PA 17013 Telephone: 717-243-6222 Fwm RW-0Y Rev. fQ13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 2 of 2 Supreme Court I.D. No.: 44693 _ _ 2 ~-l0- po8~! OATH OF NON-SUBSCRIBING WITNESS(ES) REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Maxine C. Potts Deceased Cora Lu Conser and Virginia Gale Potts (Print Name) (Print Name) (each) being duly qualified according to law, depose(s) and say(s) that she / he /they was /were well- acquainted with Maxine C. Potts and am/are familiar with the handwriting and signature of the decedent, and that the signature of Maxine c. Potts to the foregoing instrument purporting to be the Last Will and Testament/Codicil of Maxine C. Potts U, (Signature) Cora Lu Conser is in his/her own proper handwriting. 18 Har,lohn Drive (Street Address) Carlisle, PA 17015 (City, State, Zip) Executed in Register's Office Sworn to or affirm~~ed~' an~~d2..subscribed before me thi~day of ~/~ . eputy for Register of Wills +~,,, (sg"ar~re) Virginia Gale Potts 9813 Church Hill Drive (Street Address) _Upper Marlboro, MD 20772 (CRy, State, ZIP) ~ f`J O _ c ~O e ; , fir- : ~ c_ ~,. - ~ ; ~ ..~ ~~ ~ z t o tT N ~ ~ -' c.:> . ....-~. a o =- ~~r ~ ~ ~ , _ . rv C 7 Form RW-04 Rev. 14132006 Copyright (c) 2006 form softviare only The Lackner Group, Inc. - - _ "n` ~^ L 1-Ir~-oo~~ 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 16053022 Certification Number 7~ X1051.3 REV 111L0D3 rrrErrRxrt~ rER~uY~Edrr t>uac Rec i COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VRAL RECORDS CERTIFICATE OF DEATH fSee Inatruetlonr end eYrmerlwr eur errr.r..1 ~~jj r.~ o C ~ © ._r ; t~ ~ C!~ ~ ON'1 r ~'`~ ~~ ~. ~..~Cr ,, -.., -~-I a ~ ~ , r > f-r "1 N . t:.~ _ ~ ' 1. qtr a D,o•dre lFbf. mim,, in r,y) z 3•r 3. Sotlel SavMy YL•nher ~, , c •,•~ ,• V • Dw a Dean lMa+h mft Y«+I Maxine C. Potts Female 408 - 03 - 3234 December 16, 2009 s ~a M1+r ttMr.yl Harr 1 tbdr 1 3. Dr• a Bk3i r. end rw a 3a Rea d Oerh Clerk on reer• trle tzar un,re Xoyrh Drier December 15, 191 Leitchfield KY , m. ~~~ ^ER/attpwm ^Da ^ tbm. ^Rrrrwa ^onta•sP,cM fe. Caey r Drlh 3t. t~ Seto Derh N. FrJry t4r (3 not breAm. pr eEe,t rr amE,r) B. wr Deudrtt a XYprlc Odpb7 No ws ~ 10. Retr. Mrkn Ytdlett, B1sk WEIe, rc. ~ Cumberland South Middleton Carlisle Regional Medical Center "'"~'D"'~'~ ( Rena Rbr, cal White n. 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The original certificate will be forwarded to the State Vital Records Office for permanent filing. ~ ~~~c~~e,~~t-c~r DEFI~ 1 7 /24109 Local Registrar Date Issued D4poraon Pamq No. \ l~O V~ 1~ z ~-%o-~tg1 LAST WILL AND TESTAMENT OF MAXINE C. POTTS ~ ~ r; ~ .~ :.....~ C rl ~ t y ` r'i'1 '~ ~C/~ - ~ C71 r ~ - 7 _r.: ~~._7 ~ c C.rCi~ C1~~'7'7 ~ _~~1 7 ~ ~ ~ ~ ~ ~ tV G. 7 r-`:J .:- N ~ r BYRD & BYRD, LLC 14300 Gallant Fox Lane, Suite 120 Bowie, Maryland 20715 (301) 464-7448 LAST WILL AND TESTAMENT OF MARINE C. POTTS I, MARINE C. POTTS, currently of 9813 Churchill Drive, Upper Marlboro, Maryland, 20772, whose social security number is xxx-xx-3234, hereby revoke all wills and codicils heretofore made by me and declare this to be my Last Will and Testament containing ten (10) pages. FIRST Funeral Provisions I desire that my bodily remains be cremated as soon as may be practicable after my death, and given to my sons for burial with those of my late husband, George W. Potts, Sr. I direct that my herein named Personal Representative pay all of my funeral expenses, not prepaid but deemed necessary by my Personal Representative. I direct that my Personal Representative shall have absolute discretion as to the cost of my funeral service, without regard to any statutory limitation of the amount and without the necessity of an order of court. SECOND Identification of Spouse and Children As of the date of this Last Will and Testament, I am unmarried. The words "child" or BYRD & BYRD, Lu Attorueysat-Law 14300 Gallant Fos I.a Suite 120 Bowie. MD 20715 (301)464-7448 '', "children" refer to any one or more, as the case may be, of my children at the time of my death. (1) Initial ~ ~~ ~ As of the date of this Last Will and Testament, I have two (2) children. They are George W. Potts, Jr. of Upper Marlboro, Maryland and Timothy W. Potts of Carlisle, Pennsylvania. THIRD Debts BYRD & BVRD, LLI Attorneys-at-Luw 14300 Gallant Foa La Suite 120 '~ Bowie. MD 20715 1301 ~ oea7aea I hereby authorize my Personal Representative to pay all the debts which my estate shall be legally obligated to pay as promptly as may be practicable after my death, and administration expenses, except that the payment of any debt secured by a mortgage, pledge, or similar encumbrance on property owned by me at my death shall be within the sole discretion of my Personal Representative so that such property may pass subject to such mortgage, pledge, or other encumbrance. FOURTH Joint Interest Intent I hereby confirm my intention that the beneficial interest in all property, real or personal, tangible or intangible (including joint checking or savings accounts in any bank or savings and loan association), which is registered or held, at the time of my death, jointly in the names of myself and any other person (excluding any tenancy in common), shall pass by right of survivorship or operation of law and outside of the terms of this will to such other person, if he or she survives me. To the extent that my intention may be defeated by any rule of law, I give, devise and bequeath all such jointly held property to such other person or persons who shall survive me. (2) Initial ~ ~' FIFTH Tangible Personal Property As used in this Last Will and Testament, the phrase 'tangible personal property' includes all of the rest and residue of my personal and household effects, such as automobile, clothing, pictures, jewelry, china, glass, silverware and furniture of every kind. Under this Last Will and Testament, the phrase 'tangible personal property' specifically does not include checking or savings accounts in any bank or savings and loan association, bonds, notes, common, preferred or other stocks, securities, annuities, investments, or any and all other property tangible or intangible in which I have a financial interest. I direct that any and all expenses related to the insurance, maintenance and storage of the tangible personal property which I own free of trust during the administration of my estate, and the transportation and delivery of such property to my beneficiaries, as named below, shall be borne by my estate. I hereby give all of my tangible personal property to be divided equally between my children, per capita, and not per stirpes, if they survive me by thirty (30) days. In making this distribution, I direct my personal representative to divide this property into as nearly equal shares as practicable, having due regard for the preferences of each child. In the event that my children become entitled to said tangible personal property and fail to agree to a division of the same within six months after my death, my Personal Representative shall select a reasonable method to divide among them the tangible personal property as to which they have not agreed, taking into account the values of the tangible personal property each will receive in accordance with their mutual agreement so that, to the BYRD & BYRD, 1 Attorneys-at-Lnw 14300 GnI1nnl Fos Suite 120 Bowie, MD 20715 (301)464-7448 (3) Initial ~ ~'" ~' ~. extent practical, each of my children by representation will receive a substantially equal share of my tangible personal property. All decisions of my personal representative acting under this item of my will shall be final and incontestable by anyone. If neither of my children survives me by thirty (30) days, then I direct that my tangible personal property be sold and the proceeds given to Feed the Children of Oklahoma. With further regard to my personal property, I may give certain tangible, non-business, personal property in accordance with a written statement or list, prepared pursuant to Md. Estates and Trusts Code §4-107, in my handwriting or signed by me, which describes the items and the devisees with reasonable certainty. Any memorandum written, dated and signed by me disposing of my tangible personal property shall be incorporated by reference into this Will. I desire that property to be distributed by my Personal Representative in accordance with that list. If no such statement or list is found within three (3) months of my death, it shall be conclusively presumed that no such statement or list exists. If I leave multiple written memoranda which conflict, the last dated memorandum shall control. SIXTH Real Property I hereby give all of my real property to be divided equally between my children, per capita, and not per stirpes, if they survive me by thirty (30) days. If neither of my children survives me by thirty (30) days, then I direct that my real property be sold and the proceeds given to Feed the Children of Oklahoma. BYRD & BYRD, LL Atlorneyt~Mlaw 14300 Galhnt Fox L Sui[e 120 Bowie, MD 20715 (301464-7448 (4) Initial ~ ~" ~ SEVENTH Residuary Estate After the payment of all expenses of administration and other charges payable from my estate, all the rest of my estate and property, whether in possession, expectancy or remainder, including real estate, life insurance proceeds payable to my estate and all property over which I may have any power of appointment -- herein called my residuary estate -- I give, devise, bequeath and appoint as specified in Articles EIGHTH and NINTH below: EIGHTH Payment of Taxes All estate and inheritance taxes (including any interest and penalties thereon not caused BYRD & BYRD, LLI Attorneysal-Law 14300 Gallen[ Foe l.o Suite 120 Bowie, MD 20715 (301)461-7148 by negligent delay) payable with respect to all property includable in my gross estate whether or not such property constitutes a part of my probate estate shall be paid by my Personal Representative out of my residuary estate. NINTH Disuosition of Residuary Estate After the payments and distributions described in the foregoing Articles FIRST, THIRD, FIFTH, SIXTH and EIGHTH, I hereby give the balance of my residuary estate to be divided equally between my children, per capita, and not per stirpes, if they survive me by thirty (30) days. (5) !tt Initial c. ~' If neither of my children survives me by thirty (30) days, then I direct that the balance of my residuary estate be given to Feed the Children of Oklahoma. ELEVENTH Powers of Personal Representative A. In addition to all powers, duties and discretions granted to, or imposed upon him/her by law, my Personal Representative shall have with respect to my estate particularly the power to invest and reinvest, sell, assign, mortgage, exchange, lease, transfer or otherwise dispose of all or any part of my estate, all in his/her sole discretion without application to, the approval of, or the ratification by, the court having jurisdiction over the administration of my estate. All authorities, rights, powers, duties and discretions conferred by my Will upon, or lodged in, my Personal Representative shall be construed to be appurtenant to the fiduciary office, and shall pass to and be exercisable by whatever person or persons may then be duly qualified and acting as the Personal Representative of my estate. B. My Personal Representative, in his/her sole and absolute discretion, also shall have the full right, power and authority if he/she shall deem the same necessary or desirable, but shall be under no obligation or requirement if he/she otherwise shall determine in his/her best judgment, (1) to make distributions of my estate in cash or in kind without the necessity of making any distributions pro rata; (2) to make such decisions as he/she may deem appropriate in connection with the determination of whether any alternate date or dates shall be used for estate and/or inheritance tax purposes and whether any deductions available for estate tax purposes shall be used (in whole or in part) instead as income tax deductions, either on the last return filed BYRD & BYRD, 1 Attorneyrat-Law 14300 G~Ilant Fos Suite 120 Bowie, MD 20715 (301)464-7448 (6) Initial ~~ ~, -- - ~~ on my behalf individually, or on any of the returns filed in respect of income reported by my estate; and (3) to make compensating adjustments (in whole or in part) among the interests of any or all other persons entitled to share in my estate because or on account of any such decision which may increase or reduce the amount of any interest. TWELFTH Simultaneous Death If any beneficiary of this Last Will and Testament and I die under such circumstances that there is not sufficient evidence that we died otherwise than simultaneously, that beneficiary shall be presumed to have predeceased me. THIRTEENTH Designation of Personal Representative I constitute and appoint George W. Potts, Jr. and Timothy W. Potts, or the survivor of them, to be the Personal Representatives of this will. I expressly direct that my Personal Representative be excused from bond. FIFTEENTH No Contest Clause If any named beneficiaries of this Will shall contest any distribution or provision set forth herein, then the gift to him or her shall fail, and his or her share shall be distributed among the remaining beneficiaries who have not challenged or attempted to contest or set aside my Will, or the distributions set forth herein. BYRD & BYRD, LL Attorneys-st-L>,w 11300 Gallant Fox Suite I20 Bowie, MD 20715 (301 ~ 06a744d (~) Initial ~ ~`~~' ~' If any person files any pleading or paper in any administrative or judicial proceeding to challenge or contest any provision of this Will, or of any Trust Declaration established by me and taking effect at my death, then neither said person nor said person's children or other issue shall receive any benefits under this Will or any trust created under my Trust Declaration. Any bequest, devise, or benefit for said person or his or her children or other issue shall lapse. And all provisions of this Will shall be construed as if said person and his ar her children and other issue predeceased me. Furthermore, said person shall bear all costs and expenses incurred by my estate as a result of said challenge or contest including but not limited to court costs and fees of attorneys, accountants, and other professionals. SIXTEENTH Miscellaneous A. The headings used herein are for convenience only and do not affect or modify the provisions of this will. Any reference to gender is strictly for convenience and is not to affect or modify the provisions of this Will. B. I hereby authorize my Personal Representative to utilize the services of an attorney, accountant, appraiser, and any other professional as may be necessary in the administration of this, My Last Will and Testament. The expenses incurred by the Personal Representative using such professional services shall be an expense of my estate and shall be paid by my estate. BYRD & BYRD, LL Attoraeyrat-Law 14300 Gallant Fo: Suite 120 Bowie, MD 20715 (301464-7445 (8) Initial ~ ~. ~ IN WITNESS WHEREOF, I have hereunto signed my name this 1 L~ ~, day of ~, 2007. I hereby declare that I sign and execute this instrument as my Last Will and Testament, that I sign it willingly, and that I execute it as my free and voluntary act for the purposes herein expressed. I declare that I am of the age of majority or otherwise legally empowered to make a will, and under no constraint or undue influence. MAXINE C. POTTS ~ ter, / ~~ ~ '1 Date BYRD & BYRD, LL Attorneys-~t-Law 14300 Gallant Fox Suite 120 Bowie, MD 20715 (301)464-7448 (9) Initial ATTESTATION The foregoing instrument was signed, published and declared by MAXINE C. POTTS, the testatrix above named, as and for her Last Will and Testament, in the presence of both of us, and we, at the same time, at her request, in her presence, and in the presence of each other, hereunto subscribe our names as attesting witnesses. We, the witnesses, sign our names and do hereby declare that on this -~ day of 2007, the testatrix willingly signed and executed this instrument as the testatrix's last will and testament. To the best of our knowledge, the testatrix is of the age of majority or otherwise legally empowered to make a will, is mentally competent, and under no constraint or undue influence. e Witn , s ~. Print d Name of Witness 14300 G~,Larrr Fox LANE, SU1T'E 120 1~A~, ~1~3~hPFB'z^v~r'~~` Address 14300 G~.r.Arrr Fox LaNE, SurrE 120 Bowes, Maitn.aNn 20715 Address ~U~~.~ Name of Witness BYRD & BYRD, L Attorneyrat-Law 14300 Gallant Fox Suite 120 Bowie, MD 20715 X301)464-7448 (10) Initial ~ ~'~