HomeMy WebLinkAbout02-01-10
na
o ~ ; ` ~.
FAMILY AGREEMENT - WAIVING FILING OF ACCO ~*t ~'~
~'t ~ ~ ...
t7D G`'y
u3 '" ~"~
BEFORE THE REGISTER OF WILLS, a ~i "'~ ~""r
x
CUMBERLAND COUNTY, PENNSYLVANIA .---
~" r-
.. ~,~
L
IN RE: Estate of Charles N. Brewbaker, Deceased
N0. 21-08-0265
This Agreement entered into this 2.(o day of
2010, by and between Penney Noss, in her capacity as ecutrix
under the will dated February 3, 1998, of Charles N. Brewbaker
Deceased, and Alice Margaret Brewbaker, residuary legatee of the
estate. For purposes of this agreement, when she is referred to
her fiduciary capacity, the term "Executrix" will be used and,
when she is referred to in her individual capacities, she will
be referred to by her first name.
BACKGROUND
1. Charles N. Brewbaker ("Decedent") died on March
4, 2008, a resident of Enola, Cumberland County, Pennsylvania
leaving a will dated February 3, 1998.
2. Decedent's will was admitted to probate by the
Register of Wills of Cumberland County on March 10, 2008, and
letter testamentary was issued to Penney Ann Noss as Executrix.
3. In his will, Decedent named his wife as the sole
residuary legatee.
4. The Executrix advertised the grant of letters
Testamentary and prepared and filed a Pennsylvania Inheritance
Tax Return and federal and state income tax returns and paid the
appropriate taxes thereon.
5. The Executrix has paid all the taxes, debts and
expenses of the estate known to her, and she has no knowledge of
any unpaid claims, absolute or contingent, which may be asserted
against the estate nor does she have any reason to believe there
are any such claims.
6. The Executrix has completed the administration of
the estate, has prepared her account thereof ("account") and
will distribute the net assets of the estate to Alice Margaret
Brewbaker, the residuary legatee named in the will.
7. A statement reflecting all estate receipts,
disbursements and distributions is attached hereto as Exhibit A.
8. Both Executrix/Penney and Alice desire that this
Family Agreement make unnecessary the filing of an accounting in
the Orphan's Court Division of the Court of Common Pleas of
Cumberland County.
- 2 -
9. Penney and Alice have been given the opportunity
to review the books and records of the Executrix, and based upon
such opportunity or examination, they have determined that they
have sufficient information to make an informed decision to
waive their right to an accounting.
AGREEMENT
In consideration of the willingness of the Executrix
to distribute and terminate the estate in accordance with the
terms of the will without the protection afforded them by a
formal adjudication of an Executrix's account, the undersigned
beneficiary Alice Brewbaker, individually and with respect to
her heirs, personal representatives, successors and assigns, do
hereby:
1. Acknowledge that she has read this Agreement and
represent that the facts set forth above are true and correct to
the best of her knowledge, information and belief. She further
acknowledges that she is familiar with the provisions of the
will of decedent;
2. Waives the filing of a formal account of the
administration of this estate, with respect to the income and
- 3 -
principal thereof, in any court which has jurisdiction, in
particular, the Orphans' Court Division of the Court of Common
Pleas of Cumberland County, Pennsylvania.
3. Declare that she has examined the statement of
the account, which is attached hereto and incorporated herein,
and finds it to be true and correct in all particulars;
understands that the distribution is still subject to the
payment of certain administration expenses, including but not
limited to counsel fees to Strokoff & Cowden, P.C. in the amount
of $400.00; accepts and approves it with the same force and
effect as if it had been prepared and duly filed with, audited,
adjudicated and confirmed absolutely by such court which has
jurisdiction over this estate, and, as if the balance of
principal and income had been awarded by said court in
accordance with this Agreement and the account and statement;
4. Warrant that she knows of no outstanding and
unsatisfied claims against the estate and approves the
distribution of the balance of principal and income shown on the
attached statement as set forth above;
5. Absolutely and irrevocably release and discharge
the Executrix, her personal representatives, heirs, successors
- 4 -
and assigns, from any and all actions, liabilities, claims and
demands, including specifically but not limited to liability
arising in connection with any mistake of fact or law, or
negligent or careless act or omission by the Executrix, in
connection with the administration and distribution of assets
shown in the statement, without a formal court accounting and
adjudication;
6. Agrees to refund to the Executrix such part or
all of the distributive share which has been/is being
distributed, which may at any time be determined to have been an
erroneous distribution regardless of the cause of such error,
even if attributable to negligence;
7. Agree that any period of limitation of actions
for the collection for any erroneous distribution shall commence
only at such time as the Executrix has obtained actual knowledge
of such erroneous distribution and that in no event shall the
obligation to collect any erroneous distribution start earlier
than the actual discovery thereof by the Executrix.
8. With respect to any distributions of income or
principal, which I have received, or will receive upon execution
of this agreement, agree to indemnify and hold harmless the
- 5 -
Executrix, her personal representatives, heirs, successors and
assigns, from any liability, loss or expense (including but not
limited to costs and counsel fees), arising from any cause
whatsoever, which may be incurred by the Executrix as a result
of the administration of this estate or distribution in
accordance with this agreement including, but not limited to,
any liability for any federal estate tax, Pennsylvania
inheritance tax or any other death taxes and federal and state
income taxes, together with any interest and costs incidental
thereto, relating in any way to the estate and also including,
but not limited to, any assets received or payments or
distributions made by reason of any negligence or mistake of
fact or law;
9. Understands that this Agreement may be signed in
counterpart originals, all of which together shall be deemed to
constitute one original; and
10. Agree that this Agreement shall be governed by
the laws of the Commonwealth of Pennsylvania.
IN WITNESS WHEREOF, we agree to be bound hereby and
have signed this Agreement this 2 day of 2010.
- 6 -
WITNESS:
e ~
W ESS:
~ ~~~
Alice Brewbaker, Beneficiary
~,Q..~._
Penny No Executrix
- 7 -
ESTATE OF CHARLES N. BREWBAKER
STATEMENT OF RECEIPTS, DISBURSEMENTS AND DISTRIBUTIONS
PRINCIPAL RECEIPTS
Real Estate
Stocks, Bonds
Total stocks, bonds:
Misc. Personal Property
Certificates of Deposit M&T Bank.
31003915181091 $5,458.91
• 3/10/08 deposited into Alice
Brewbaker's personal account for
expense reimbursements
• 4/30/08 Remainder to Estate
31003915181108 $5,458.91
• 3/10/08 deposited into Alice
Brewbaker's personal account for
expense reimbursements
• 4/30/08 Remainder to Estate
31003915181116 $10,992.24
• 11/30/09 deposited into Estate
Checking account
31003915181124 $5,458.91
• 11/30/09 deposited into Estate
Checking account
TOTAL $27,368.97
EXHIBIT
1 ~ A
$0
$0
Other Misc. Personal Property
2001 Buick Regal LS, $6,645
VIN 2G4WB55K211246884
Personal injury s
payment
State Farm Mutual
Insurance Company
State Farm Mutual
Insurance Company
uit settlement $468.75
Automobile $28,72
refund
Automobile $84.56
refund
UGI refund for overpayment $30.43
TOTAL $7,257.46
Total Personal Property: $34,626.43
INCOME
Interest Dividends from Savings
4/30/2008 -12/31/2008 $20.65
Total Dividends deposited to savings
1/1/2009 - 11/30/2009 $13.05
Total Dividends deposited to savings
11/30/2009 Realized interest - $428.68
Redemption value of CD
#31003915181116 = $11,420.92
11/30/2009 Realized interest - $251.55
Redemption value of CD
#31003915181124= $5,710.46
Total Income: $713.93
2
DISBURSEMENTS OF PRINCIPAL
Expenses
Funeral Expenses
Blue Ridge Memorial Gardens -Opening $1,160
the Grave (reimburse Alice Brewbaker)
Mike Murray Funeral Home, Inc. $5,474
(reimburse Alice Brewbaker)
Dora Yohe - Summerdale United
Methodist Church (Luncheon $200
Costs) (reimburse Alice Brewbaker)
Total Funeral Expenses: ($6,834)
Administrative Costs
Attorney's fees
5/18/08 Strokoff & Cowden, P.C. $225.41
6/16/08 Strokoff & Cowden, P.C. $277.40
8/5/08 Strokoff & Cowden, P.C. $106.28
1/26/09 Strokoff & Cowden, P.C. $584.67
Total Attorney's fees ($1,193.76)
Misc. Administrative Expenses
4/6/08 ACH Deluxe Check 11.00
4/30/08 Register of Wills $110.00
(reimburse Alice Brewbaker)
4/30/08 East Pennsboro Ambulance $77.50
Service (reimburse Alice
Brewbaker)
3
Misc. Administrative Expenses
4/30/08 PP&L Final Electric Bill $125.24
(reimburse Alice Brewbaker)
4/30/08 UGI Final Gas Bill $214.46
(reimburse Alice Brewbaker)
4/30/08 Verizon Final Phone Bill $41.80
(reimburse Alice Brewbaker)
12/8/08 Register of Wills $30.00
Total Misc. Expenses: ($610.00)
Transfer
4/02/08 Transfer of 2001 Buick ($6,645)
Regal to Daughter, Penney Noss
Total Transfer ($6,645)
Federal, State and Local Taxes
Federal tax $0
State tax $0
Local tax $0
4/18/08 Register of Wills, Agent $p
PA Inheritance Tax
Total taxes: $0
Unpaid Expenses
Attorneys' fees ($400.00)
Register of Wills (Family ($15.00)
Settlement Agreement filing fee)
Total unpaid expenses: ($415.00)
4
.,
PRINCIPAL BALANCE BEFORE DISTRIBUTIONS $34,626.43
(See page 2)
INCOME
$713.93
COMBINED BALANCE OF CHECKING AND SAVINGS $19,993.63
BEFORE DISTRIBUTIONS AS OF 01/18/2010
DISTRIBUTIONS TO BENEFICIARIES
Total to surviving spouse, Alice Brewbaker:
$19,578.63
6
f
Penney Noss, Executrix of the ESTATE OF CHARLES N.
BREWBAKER, Deceased, hereby declares under oath that she has
fully and faithfully discharged the duties of her office; that
the foregoing First and Final Account is true and correct and
fully discloses all significant transactions occurring during
the accounting period; that all known claims against the estate
have been paid in full; that, to her knowledge, there are no
claims now outstanding against the Estate; and that all taxes
presently due from the Estate have been paid.
Penne 3~oss, Executrix
Subscribed and sworn to
by before me this
(~ day of
2010.
Ndtary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Gyntltia R Dreibelbis, Notary Pudic
City Of Flarfisbrgg, ~auPMn Catx~y
My Commission E~ires Sept. 9.2011
Member, Pennsylvania Association oT Notaries
7