HomeMy WebLinkAbout03-16-10
John H. Broujos
John H. Broujos
Atto~7~iey at Lain
4 North Halioz~er Street
Carlisle, Pennsylvania 17013
717-243-4574
FAX: 717-243-8227
e-retail: ttroop73@PA.Net
FAMILY SETTLEMENT AGREEMENT
p ~,
File No. 21-09-0687 ~; ~ :~ ~'- ~ ~- "~:'
r 7 .y ~ ~--? ~+ i ~ 'j
r '
THIS is an agreement entered into this f c~ . day of March, 201.0, by and betrw~~, ,uci~ R. r : ,~ ~,'~
Enck, Executrix and Beneficiary under the Estate of Robert G. Murtoff, of 1 2 Clur-~ Ga
Road, Carlisle, PA 17015 Executrix ~ "~~ `~±' ~:~~
( }, and Jennifer L. McAlister of 28 Richi~i`3n Ave~e ~a~~~'~'
Hampton, NY 11937-1240, Beneficiary, who entered her Renunciation in d~u"'ment sertiut qr~ `~'
July 18, 2009, whose names are set forth as signatories at the end of this Agreement. r~~,
WHEREAS:
A. Robert G. Murtoff, of 1522 McClures Gap Road, Carlisle, PA 1.7015, died on July 5,
2009.
B. On July 24, 2009, Letters Testamentary were granted to Lucian R. Enck at File No. 21-
09-0687 in the Register of Wills Office for Cumberland County, Pennsylvania.
C. Executrix has administered the estate up until the present time and has paid all debts of
the estate, including Inheritance Tax owed.
D. Robert G. Murtoff died testate, thereby vesting all rights and interest in his personal and
real property to Lucian R. Enck and Jennifer L. McAlister.
E. The estate has received assets as set forth in Exhibit A attached hereto and made a part
hereof; has paid debts and expenses as set forth in Exhibit B attached hereto and made a part
hereof; and has made distributions as set forth in Exhibit C attached hereto and made a part
hereof.
F. There remains for distribution the sum of $157,881.74.
G. Executrix and Beneficiary desire to forego a formal accounting and schedule of
distribution and desire to conclude the estate by virtue of the filing of this document.
NOW, THEREFORE, Executrix and Beneficiary, intending to be legally bound, state as
follows:
I~
1. The Executrix and Beneficiary agree that the Executrix of the Estate of Robert G.
Murtoff need not file a formal accounting or schedule of distribution.
2. Executrix states that all costs of the estate are paid.
3. Beneficiaries agree that the final distribution of all estate assets remaining after payment
of debts and expenses shall be made to the Beneficiaries, with the exception of $500.00 to be
held for a period of up to 6 months or longer if necessary in escrow by Counsel for the Estate,
John H. Broujos, for final tax returns and other unforeseen expenses and any required adjustment
of inheritance tax, with the balance to be distributed equally to Beneficiaries with an accounting
which shall not be filed with the Register of Wills, upon written authorization of counsel to the
beneficiaries.
4. The parties acknowledge that any distribution made by Executrix pursuant to this
Agreement is an "at risk" distribution pursuant to 20 P.S. 3532. Beneficiaries hereby release
Executrix with respect to acts or omissions in the administration and distribution of the estate
and hereby agree to return such funds as were distributed under the administration of the estate
as may be required for the payment of any proper claims not discharged prior to this distribution.
5. The parties designate this statement as a "satisfaction of award" and hereby authorize and
direct the Clerk of Orphans' Court to make satisfied of record any award which may
subsequently be made by the Court with respect to the distribution made to the distributees in
this Agreement.
6. The parties agree that this Family Settlement Statement shall be filed with the Clerk of
Orphans' Court in final settlement of the estate of Robert G. Murtoff, subject to the provisions
hereof.
IN WITNESS WI~REOF, Executrix and Beneficiary, intending to be legally bound, hereby set
their hands and seals the day and year first above written.
WITNESS:
..f
~~
Lucian R. Enck, Executrix and Beneficiary
fifer L.locicAlister, Beneficiary
EXHIBIT A -ASSETS
ITEM VALUE AT DATE
NUMBER DESCRIPTION OF DEATH
1 • Dwelling located at 1522 McClures Gap Road $160,000.00
Settlement date 12.10.09 HUD-1 attached
2• Checking Account -Members 1St Federal Credit Union
Account # 14834-11 5,810.01
3. Savings Account -Members 1st Federal Credit Union
Account # 14834-00 53.29
4. Household Effects net from sale at auction on 9.9.09 1,653.25
5. 1995 Jeep Cherokee VIN No.: 1J4G278Y55C678925 2,995.00
TOTAL ASSETS $ 170,511.55
EXHIBIT B -DEBTS AND DEDUCTIONS
ITEM
NUMBER DESCRIPTION AMOUNT
A. FUNERAL EXPENSES:
1. Hollinger Funeral Home/Crematory Inc. (Pre-paid) _0_
B• ADMINISTRATIVE COSTS:
1. Personal Representative Commissions _0_
2. Attorney fees John H. Broujos $ 3,500.00
3. Probate Fees
Register of Will. Petition for Letters, etc. $ 334.00
C. MISCELLANEOUS EXPENSES:
1. Register of Wills -- Inheritance Tax Return $ 15.00
2. Register of Wills -Inventory $ 15.00
3. Register of Wills -- Family Settlement Agreement $ 20.00
MISCELLANEOUS DEBTS
1. Diversified Appraisal Services, appraisal of real property $ 275.00
2. Homewreckers, LLC, trash hauling $ 577.64
3. Boiling Springs Service Center, inspection of Decedent's Car $ 103.77
4. Adams Electric, last electric bill $ 47.59
5. Jai Enck, Housecleaning and carpet removal $ 300.00
TOTAL
$ 5,188.00
Inheritance Tax $_ 7.441.81
TOTAL DEBTS, DEDUCTIONS $ 12,629 81
EXHIBIT C -DISTRIBUTION
Assets
Debts and Deductions
Balance for Distribution
$170,511.55
12 629.81
$ 157,881 74