Loading...
HomeMy WebLinkAbout03-23-10PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF Cumberland COUNTY, PENNSYLVANIA Estate of ,June A. Bigler File Number' `~ 4_ ~~ `-' also known as ,Deceased Social Security Number 202-20-6338 Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' OR 'B' BELOW.) Q A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the EXeCUtrIX named in the last Will of the Decedent dated 1/9/07 and codicil(s) dated (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: 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) n~ 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.) ~ '~ -;-~~ ,-- ..~.. n c~ -r ; ~ ;; Name Relationshi Resi~~A `' `~'~- ',: , ~ ~ , `% ..- ;, , -r, -.,y„ r-- ,.... _, .r r. ~_ ..__~ ~.,. ti < " i ~~ 1 •• ~ (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania, with his /her last principal residence at 88 NOrthVI@W _Drive Mechanicsburg PA 17050 Silver SDflnt] TWD. Cumberland (Gist street address, town/city, township, county, state, yip code) Decedent, then 81 years of age, died on 3/14/10 at 88 NOrthview Drive Silver S~rin~ T wnshi~ Cumberland County Me hanicsbur, PA 1705 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 domiciled in PA) Personal property in County Value of real estate in Pennsylvania situated as follows: $ 800.000.00 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: Signature Typed or printed name and residence ,~,, S~nv2t~+vlL~ ~D2, ~ ~~ n - ~t 7 V S'(~ Page 1 of 2 Form RW-O2 rev. !0.13.06 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 the Decedent, Petitioner(s) will well and truly administer the estate according to law. Sworn to or affirmed and subscribed .n ~ / ~ i ~ i" r 1 ~ ~ ~ .~-- Signature of Personal Representative before me the day of ~ y i t~ Z ~~ . _ ~ ~: ; ~ . , . Signature of Personal Representative ~ --= '7") ~.~„ f ,' ~ ~1.~ ~ .:; For the Register Signature of Personal Representative ;,~ ^ ; - . _~. ,~-~ _.-t _~ :.~ C ..._. '.~ 1 ~ . , ,,._.~ ' ,._ 3 .. ~ 'y„~ ' ~ ~ - I U ~~ ~~ 2 ~ File Number: - Estate of June A+Bigler ,Deceased Social Security Number: 202-20-6338 Date of Death: 3!14/10 AND NOW, ~~~~'''~ ~~ ,emu ~ ~ , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters of Testamentary are hereby granted to Alice M. Martin in the above estate and that the instrument(s) dated January 9. 2007 described in the Petition be admitted to probate and filed of record as the last W~dl (and Codjci~(s)) of Decedent. FEES Letters ..................... Short Certificate(s) Renunciation(s) •••••••••• W, LL ~C ~S ...... $ ...... $ ~~,t~ ...... $ ....$2~.~~7 .... $ .... $ .... ~ .... $ .... $ .... $ TOTAL ........ $ ~.S?~ 3 ~ ~ ~ Register of Wills ! Attorney Signature: ~" ~`~' Attorney Name: Douglas C. Yohe, Esa. Supreme Court I.D. No.: 42982 Address: 1700 Bent Creek Boulevard. Suite 140 Mechanicsburg. PA 17050 Telephone: 717-620-2424 Form RW-02 rev. !0.!3.06 Page 2 of 2 afmMrr/Cararrr 7 ~7 3 / I /v // D On Mr bade d erumhMllon end! a hraplytlbn, b my opirtore, dam oaywrod d the thee. dW, and pYa, end dw b me aaa(a) and names a,taMd_ ^ 34. Nmne and Addrw d Pararr Who Carphhd Cams d Dam (Me rv 27) Type / PdM 3s. RegWra/e rrd Nwrbef-~ - L~Iara~veC. ~"Q~..c.R~~De- I a: I ` 1 vl I 1 1 0 1 °°r wed (Mae,, day. Y.ert C,J'(~ tl~ D , ""~ -~ ~.~ ~.r~ ~ t s...~.: F : C ,a.¢. C. ; s t ~ c a , 7 0 , 3 DhpoeltlanPertneNa. __ ~~~c)331~j LAST WILL AND TESTAMENT OF JUNE A. BILLER n ~~ ~'1 `~i L ~~~~~~ i~ ~`' ~:s ( ~:..~ v ,_. ~_ _, ~ ;~;3 ~: ~7 ~ __.~ ra N c.~a ~: N .. I, JUNE A. BILLER, a resident of Silver Spring Township, Cumberland Cc+~nty, Pennsylvania, do publish and declare this to be my Last Will and Testament, hereby revoking all other prior wills and codicils made by me. FIRST: Family Background and Appointment of Executor. (A) Family and Background Information. I am not married, and I have no children. (B} Appointment of Executor and Trustee. I appoint my friend, ALICE M. MARTIN, to act as my Executor. If she predeceases me, becomes incapacitated, resigns or does not complete the duties of Executor, then I appoint her son, BRIAN J. MARTIN, to act as my Successor Executor. The aforenamed persons are all hereinafter referred to as "Executor", and they shall serve without bond and without being required to account to any court. The Executor shall serve as Trustee of any trusts created under this Will. When acting as Trustee, the Executor shall have such powers as are otherwise granted under this Will to the Executor. SECOND: Funeral and Last Illness Expenses; Taxes. (A) Expenses of Funeral and Last Illness. I direct my Executor to pay my funeral expenses and the expenses of my last illness from my estate. (B) Taxes. I direct my Executor to pay any and all estate, inheritance, succession, legacy, transfer and other death taxes or duties, by whatever name called, including any and all interest and penalties thereon, imposed under the laws of any jurisdiction by reason of my death, upon or with respect to any and all property included in my gross estate for the purpose of such taxes, whether such property passes under or outside of this Will, out of my residuary estate, without being prorated or apportioned among or charged against the respective devisees, legatees, beneficiaries, transferees or other recipients of any such property or charged against any property passing or which may have passed to any of them. The Executor shall not be entitled to reimbursement for any portion of any such taxes from any such person. THIRD: Tangible Personal Propel. Except for those items enumerated in the Letter of Instruction, I bequeath all my tangible personal property, including but not limited to clothing, jewelry, furniture, household furnishings, household goods, personal effects, motor vehicles and all other similar articles which I own, and the insurance thereon, to my friend, ALICE M. MARTIN, and if she does not survive me, then to her issue, to be divided among them as they may select in as nearly equal shares, per stirpes, as is practical. Tangible personal property shall not include: (1) any and all property used by me in any business, (2) cash on hand or on deposit in banks, (3) stock or ?~~- ~- '~:.i _A-, ; ,t ,. __.t.. _.'~ .. t . ... ., r ~ ___ ~ r_ T~ _, j =~ ~~ LAST WILL AND TESTAMENT OF JUNE A. BILLER PAGE 2 securities, (4) any type of evidence of indebtedness and (5) any life, health or accident insurance policies. Notwithstanding any other provisions in this Article THIRD, I may leave a separate, dated and unsigned Letter of Instruction, which I shall place with this Will, containing directions as to the ultimate disposition of certain items of my tangible personal property, and such Letter of Instruction shall determine the distribution of such items. If there is any disagreement as to distribution, I direct my Executor to make such distribution, and the decision of my Executor shall be final and binding. Any items not selected or any items which my Executor considers unsuitable for my beneficiaries may be distributed or sold in the sole discretion of my Executor, and if sold, the net proceeds therefrom shall be added to the residue of my estate. Any such article allocated to a minor may, as my Executor deems advisable, either be delivered to the minor or to any person to safeguard on behalf of the minor. The reasonable costs of protecting, appraising, packing, storing, shipping, cleaning, delivering and insuring all items distributed in this Article THIRD shall be paid as expenses of administering my estate. FOURTH: [This article has been intentionally left blank.] FIFTH: Residuary Estate. (A) I give, devise and bequeath all the rest, residue and remainder of my estate, of every kind and character, real, personal and mixed, tangible and intangible, and wherever situated, including any lapsed or renounced legacies, devises or residuary bequests and any property over which I may have a power of appointment, to my friend, ALICE M. MARTIN, and if she does not survive me, then to her issue in equal shares, per stirpes. (B) I have intentionally omitted my nephews, nieces and other relatives as beneficiaries under this Will. (C) Whenever the Executor is directed to distribute any estate property to a beneficiary who is less than twenty-five (25) years old, the Executor shall hold such property in separate trust for the beneficiary until he/she becomes twenty-five (25) years old, and in the meantime the Executor shall use such part of the income and principal of the separate trust as the Executor deems necessary to provide for the proper health, maintenance, support and education of the beneficiary. If the beneficiary dies before becoming twenty-five (25) years old, the property then remaining in separate trust shall be distributed to the beneficiary's issue in equal shares, per stirpes, subject to the terms of this paragraph. ,~ ~~ LAST WILL AND TESTAMENT OF JUNE A. BILLER PAGE 3 (D) Prior to final distribution ofmy estate, the Executor, in the Executor's discretion, may make partial distributions to one or more beneficiaries or trusts. As a consequence, the executorship and any trusts created under this Will may exist contemporaneously. A distribution may be made subject to any indebtedness or liability of my estate. SIXTH: Spendthrift Provision. No beneficiary shall have the power to anticipate, encumber or transfer his interest in the estate in any manner other than by the valid exercise of a power of appointment. No part of the estate shall be liable for or charged with any debts, contracts, liabilities or torts of a beneficiary or subject to seizure or other process by any creditor of a beneficiary. SEVENTH: Powers of Executor. In addition to such powers and duties as may have been granted elsewhere in this Will or by law, but subject to any limitations stated elsewhere in this Will, the Executor shall have and exercise exclusive management and control of the estate and shall be vested with the following specific powers and discretion: (A) In the management, care and disposition of the estate, the Executor shall have the power to do all things and to execute such instruments as may be deemed necessary or proper, including the following powers, all of which maybe exercised without order of or report to any court: (1) To sell, exchange or otherwise dispose of any property at any time held or acquired hereunder, at public or private sale, for cash or on terms, without advertisement. (2) To invest all monies in such stocks, bonds, securities, mortgages, notes, choses in action, real estate or improvements thereon, and any other property as the Executor may deem best, without regard to any law now or hereafter enforced limiting investments of fiduciaries. (3) To retain for investment any property deposited with the Executor. (4) To vote in person or by proxy any corporate stock or other security and to agree to or take any other action in regard to any reorganization, merger, consolidation, liquidation, bankruptcy or other procedure or proceedings affecting any stock, bond, note or other security. ~rv3 ~ £ ~1 ~~ LAST WILL AND TESTAMENT OF JUNE A. BILLER PAGE 4 (5) To use attorneys, real estate brokers, accountants and other agents if such employment is deemed necessary or desirable, and to pay reasonable compensation for their services. (6) To compromise, settle or adjust any claim or demand by or against the estate and to agree to any rescission or modification of any contract or agreement affecting the estate. (7) To renew any indebtedness, as well as to borrow money, and to secure the same by mortgaging, pledging or conveying any property of the estate, including the power to borrow from the Executor at a reasonable rate of interest. (B) Except as otherwise provided in this Will, in making distributions from the estate to or for the benefit of any minor or other person under a legal disability, the Executor need not require the appointment of a guardian but shall be authorized to pay or deliver the same to the custodian of such person, to pay or deliver the same to such person without the intervention of a guardian, to pay or deliver the same to a legal guardian of such person if one has already been appointed, or to use the same for the benefit of such person. (C) In the disbursement of the estate and any division into separate shares, the Executor shall be authorized to make the distribution and division in money or in kind, or both, regardless of the basis for income tax purposes of any property distributed or divided in kind, and the distribution and division made and the values established by the Executor shall be binding and conclusive on all persons taking hereunder. (D) The Executor shall be authorized to lend or borrow, including the right to lend to or borrow from my estate at an adequate rate of interest and with adequate security, and upon such terms and conditions as the Executor shall deem fair and equitable. (E) The Executor shall have discretion to disclaim on my behalf any interest, in whole or in part, in property passing (i) by intestate or testate succession, (ii) by inter vivos transfer, (iii) by joint tenancy, (iv) from any life insurance policies, annuities or other accounts having designated beneficiaries, "pay on death" beneficiaries or "transfer on death" beneficiaries, (v) under any trust, and (vi) from any other source. The Executor shall be authorized to execute an appropriate writing and to perform all acts necessary to make a qualified disclaimer as defined by the Internal Revenue Code and regulations. ~~ 7~F~1 LAST WILL AND TESTAMENT OF JUNE A. BIGLER PAGE 5 EIGHTH: Rights and Liabilities of Executor. No bond or other security shall be required of any Executor. This instrument shall always be construed in favor of the validity of any act or omission by the Executor, and the Executor shall not be liable for any act or omission except in the case of gross negligence, bad faith or fraud. Specifically, in assessing the propriety of any investment, the overall performance of the entire estate shall be taken into account. The Executor shall be entitled to receive reasonable compensation for services actually rendered to my estate and reimbursement of reasonable expenses actually incurred on behalf of my estate. NINTH: Tax Elections. In determining the estate, inheritance and income tax liability relating to my estate, the Executor's decision as to all available tax elections shall be conclusive on all concerned. In accordance with Internal Revenue Code §2632(a) (or its successor provisions) and without regard to whether a federal estate tax return is actually filed, the Executor shall allocate so much of the federal Generation Skipping Transfer (GST) exemption amount as will fully exempt any generation skipping transfer which may occur under this Will. TENTH: Definitions and General Provisions. (A) Survival. Any beneficiary who dies within sixty (60) days after my death shall be considered not to have survived me. (B) Other terms. The use of any gender includes the other gender, and the use of either the singular or the plural includes the other. (C) Captions. The captions set forth in this Will at the beginning of the various divisions hereof are for convenience of reference only and shall not be deemed to define or limit the provisions hereof or to affect in any way their construction and application. (D) Powers of A,pnointment. By this Will, I exercise any powers of appointment which I possess at the time of my death. (E) Issue. In making a distribution to the issue of any person, the property to be distributed shall be divided into as many shares as there are living children of the person and deceased children of the person who left children who are then-living. Each living child shall take one share, and the share of each deceased child shall be divided among his then-living descendants in the same manner. A posthumous child shall be considered as living at the death of his parent. ~a s ~. LAST WILL AND TESTAMENT OF JUNE A. BILLER PAGE 6 IN WITNESS WHEREOF, I, JUNE A. BILLER, the Testatrix, have to this my Last Will and Testament, typewritten on seven (7) pages, including the Acknowledgment and Affidavit, set my hand and seal this 9`h day of January, 2007. ~; ~ E A. BILLER Signed, sealed, published and declared by the above-named Testatrix, as and for her Last Will and Testament, in the presence of us, who have hereunto subscribed our names at her request, as witnesses hereto, in the presence of the said Testatrix, and in the presence of each other. Each of us further declares that he believes the Testatrix to be of sound mind and memory. The preceding instrument consists of this and six (6) other consecutively numbered typewritten pages including the Acknowledgment and Affidavit. ~._ - residing at Mechanicsburg, Pennsylvania Mark E. Halbruner, Witness p~. ~~Jl,d esiding at Boiling Springs, Pennsylvania Carol L. Frankland, Witness ACKNOWLEDGMENT AND AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: The Testatrix and the witnesses whose names are signed and subscribed to the attached or foregoing instrument, being first duly sworn and qualified according to law, do hereby acknowledge, depose and say to the undersigned authority, that the Testatrix signed and executed the instrument as her Last Will in the presence of the witnesses; that she signed it willingly or willingly directed another to sign it for her; that she executed it as her free and voluntary act for the purposes therein expressed; that each of the witnesses were present and saw the Testatrix sign and execute the instrument as her Last Will; that each subscribing witness in the hearing and sight of the Testatrix signed the will as witnesses; and that to the best of their knowledge the Testatrix was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. ~ , ~- ~ Ui J A. Bigler, Testa F ~ ~~ .... Mark E. Halbruner, Witness Carol L. Frankland, Witness Sworn to or affirmed, subscribed to, and acknowledged, before me by the above-named Testatrix and witnesses, this 9`h of January, 2007. Notary Public ,,~; w:, `'!, ~~ ,. 4y v w~ ~~ +' ~ ;~ ,c .~,y ~~lotarlai peal 'ru~~ ~,.~l.:pkov3c;, Notary Public ~'~~oy n~ ~~~rc ~'~~~ri~~erland C~ou+ntyyp r ~~~',i `:;'T fiZ~1C~'~~?Si 6"K''; r11C :ti'~~~i1'1'. 44~.G Fi~~/~`,....