Loading...
HomeMy WebLinkAbout03-25-10PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Helen M. Schneider File Number ~~ - I f/ ~' ~~ o~. also known as Deceased Social Security Number 207-18-4100 James Schneider Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW.) ® A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the Executor named in the last Will of the Decedent dated June 3, 2003 and codicil(s) dated n/a (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 lice; 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 Relationshi Residence ('7 r,~ _.. ~ " ~ .~' r (COMPLETE ~NALL CASES:) Attach additional sheets if necessary. ; ~-'~ ~ ~~ t ~ Y ~ ~~~ ' 'z~- rte- ~' ~ , : ? Decedent was domiciled at death in Cumberland t =- r~~r-; ~~ County, Pennsylvania with his /her last principal rgst~~i~,~~t u~ r ' '- 824 Lisburn Road #231 Cam Hill U er Allen Townshi Cumberland Coun Penns Ivania 17011 ~_~ .. ' .. (List street address, town city, township, county, state, zip code) ,--._. ,--: - ,- : ~ _:_,.,' t,_, i '"~? • , Decedent, then 84 years of age, died on March 8, 2010 at Holy Spirit Hospital, Camp Hi11;~.F~a~ennsbor~'Twp., : - ;~ ~ ~-~' Cumberland Coun Penns lvat~(i~ - - : 'z CA --; ~, Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ 50,000.00 (If not domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $ situated as follows: n/a 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: Si nature T ed or rinted name and residence a,~,,, JZ James Schneider, 6609 Lincoln Avenue, Windsor Heights, IA 50324 Form RW-01 rev. 10.13.06 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 the Decedent, Petitioner(s) will well and truly administer the estate according to law. Sworn to or affirmed and subscribed //'''')) ~~ before me the o~~ day of ~ C~l~ ~~~y(~~,, r, Signature of Personal Representative Signature of Personal Representative / ~ N ~ ~ •~;_ ~ ""7 File Number: ~ I ..) -~ j j- (O " ~~~ 1~ ~ ' ~ ~ C a r'T 1 _ l ~ - _ _ ._ ~ l -~~ fTt~ ~ CV , ' - i Estate of Helen M. Schneider ~ ~; t1`f , i Social Securi Number: 207-18-4100 tY 1, ~ t,. r_~ - ~:_ _ Date of Death: March 8 2010 ~ ~~ ~ _ ; '.~? -~ AND NOW, t ~ dUl.t'C,~1 c~ ~ , , ~ U I ~ , in consideration of the foregoing Petition, satisfact roof ~' P ~ having been presented before me, IT IS DECREED that Letters Testamentary , are hereby granted to James Schneider in the above estate and that the instrument(s) dated June 3, 20003 described in the Petition be admitted to probate and fi led of record as the last Wi~l (and Codicil( ) of Decedent. v ., FEES , Letters ............... $~ Register of Wills Short Certificate(s) ........ $ ~© ~L~ Attorney Signature: ~. Renunciation(s) .......... $ IL , .. $ l S , ~~ Attorney Name: Mark E. Halbruner, Esquire i~ ~"J~ ~3` ~~ • • • Supreme Court LD. No.: 76361 $ Address: Gates, Halbruner, Hatch & Guise, P.C. • • • $ 1013 Mumma Road, Suite 100 ... $ $ Lemoyne, PA 17043 $ Telephone: (717) 731-9600 ... $ TOTAL .............. $ l5 3 . vC~ tT-eo Form RW-02 rev. 10.13.06 Page 2 of 2 LAST WILL AND TESTAMENT OF HELEN M. SCHNEIDER I, HELEN M. SCHNEIDER, now of 112 November Drive, Apartment #l, Camp Hill, Cumberland County, Pennsylvania 17011, 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 a widow. I have four surviving children, WILLIAM SCHNEIDER, BONNIE ANTHONY', BERNARD SCHNEIDER and JAMES SCHNEIDER. My daughter, CAROL LISTA, is deceased, and she was survived by three children, HEATHER THOMPSON, JEREMY LISTA and STEPHANIE LISTA. (B) Appointment of Executor and Trustee. I appoint my son, JAMES SCHNEIDER, to act as Executor under this Will. If he predeceases me, becomes incapacitated, resigns or does not complete the duties of Executor, then I appoint my daughter, BONNIE ANTHONY, to act as my Successor Executrix. The aforenamed persons are all hereinafter referred to as "Executor" or "Executors", and they shall serve without bond and without being required to account to any court. The Executor shall also serve as Trustee for any beneficiary who has not attained the age oftwenty- one (21) years. SECOND: Funeral and Last Illness Expenses; Taxes. t~ ~ 1T_- ~ ~ ....; (A) Expenses of Funeral and Last Illness. I direct my Executor t my fieral~p"~~,~ ~~~ ~~~ expenses and the expenses of my last illness from my estate. ~' ~ ,~ n ~ r ' ~: `,-- (B) Taxes. I direct my Executor to pay any and all estate, inheritance, sub ~ won, lagacys ~ ~ -. ,~ transfer and other death taxes or duties, by whatever name called, includin an arm nt ~.x ~ _.. ~' g Y er~SFt anc~~. ~ :` :: penalties thereon, imposed under the iaws or`' any jurisdiction by reason of my din; upon or with .,:., '.' .} respect to any and all property included in my gross estate for the purpose of such taxes, v~ether ~~~~~ 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. /d ~p ,, LAST WILL AND TESTAMENT OF HELEN M. SCHNEIDER PAGE 2 THIRD: Tangible Personal Property. Except for those items excluded below and 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 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 securities, (4) any type of evidence of indebtedness and (5) any life, health or accident insurance policies. 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. 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 of the property bequeathed under this Article THIRD, and such Letter of Instruction shall determine the distribution of such items. 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 issue in equal shares, per stirpes. (B) Prior to final distribution of my estate, the Executor, in his 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 subj ect 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 or any trust estate in any manner other than by the valid -~--- LAST WILL AND TESTAMENT OF HELEN M. SCHNEIDER PAGE 3 exercise of a power of appointment. No part of the estate or any trust 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 and Trustee. 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 and Trustee shall have and exercise exclusive management and control of the estate and trusts, respectively, and shall be vested with the following specific powers and discretion: (A) In the management, care and disposition of the estate and trusts, the Executor and Trustee, respectively, 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 may be 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, including the right to lease for any term notwithstanding the period of the trust, and to grant options, including any option for a period beyond the duration of the trust. (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 and Trustee may deem best, without regard to any law now or hereafter enforced limiting investments of fiduciaries, except that the Executor and Trustee may not invest in any securities issued by a corporate Executor or Trustee, or issued by a parent or affiliate company of such Executor or Trustee. (3) To retain for investment any property deposited with the Executor and Trustee hereunder; except that the Executor and Trustee may not retain for investment any securities issued by a corporate Executor or Trustee, or issued by a parent or affiliate company of such Executor or Trustee. (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. -~-- LAST WILL AND TESTAMENT OF HELEN M. SCHNEIDER 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 trusts or estate and to agree to any rescission or modification of any contract or agreement affecting the trusts or 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 or trusts, including the power to borrow from the Executor or Trustee at a reasonable rate of interest. (8) To retain and carry on any business in which the estate or trusts may acquire an interest, to acquire additional interest in any such business, to agree to the liquidation in kind of any corporation in which the estate or trusts may have an interest and to carry on the business thereof, to join with other owners in adopting any form of management for any business or property in which the estate or trusts may have an interest, to become or remain a partner, general or limited, in regard to any such business or property and to hold the stock or other securities as an investment, and to employ agents and confer on them authority to manage and operate the business, property or corporation, without liability for the acts of such agent or for any loss, liability or indebtedness of such business if the management is selected or retained with reasonable care. (9) To register any stock, bond or other security in the name of a nominee, without the addition of words indicating that such security is held in a fiduciary capacity, but accurate records shall be maintained showing that such security is an estate or trust asset, and the Executor or Trustee shall be responsible for the acts of such nominee. (B) Except as otherwise provided herein, whenever the Executor or Trustee is directed to distribute any estate assets or trust principal in fee simple to a person who is then under twenty- one (21) years of age, the Executor or Trustee shall be authorized to hold such property in trust for such person until he becomes twenty-one (21) years of age, and in the meantime shall use such part of the income and the principal of the estate or trusts as the Executor or Trustee, respectively, may deem necessary to provide for the proper support and education of such person. If such person should die before becoming twenty-one (21) years of age, the property then remaining in trust shall be distributed to the personal representative of such person's estate. -~ -- LAST WILL AND TESTAMENT OF HELEN M. SCHNEIDER PAGE 5 (C) In making distributions from the estate or trusts to or for the benefit of any minor or other person under a legal disability, the Executor or Trustee 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. (D) In the disbursement of the estate or trusts and any division into separate trusts or shares, the Executor and Trustee 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 or Trustee shall be binding and conclusive on all persons taking hereunder. The Executor and Trustee may in making such distribution or division allot undivided interests in the same property to several trusts or shares. (E) The Executor and Trustee shall be authorized to lend or borrow, including the right to lend to or borrow from my estate or any trusts which I may have established during life or by will at an adequate rate of interest and with adequate security, and upon such terms and conditions as the Executor or Trustee shall deem fair and equitable. (F) The Executor and Trustee shall be authorized to sell or purchase at the fair market value, as determined by the Executor or Trustee, any property to or from my estate or any trust created by me during life or by will, even though the same person or corporation maybe acting as executor of my estate or as trustee of any of my other trusts. (G) The Executor and Trustee shall have discretion to determine whether items should be charged or credited to income or principal or allocated between income and principal as the Executor or Trustee may deem equitable and fair under all the circumstances, including the power to amortize or fail to amortize any part or all of any premium or discount, to treat any part or all of the profit resulting from the maturity or sale of any asset, whether purchased at a premium or at a discount, as income or principal or apportion the same between income and principal, to apportion the sales price of any asset between income and principal, to treat any dividend or other distribution of any investment as income or principal, or apportion the same between income and principal, to charge any expense against income or principal or apportion the same, and to provide or fail to provide a reasonable reserve against depreciation or obsolescence on any assets subject to depreciation or obsolescence, all as the Executor or Trustee may reasonably deem equitable and just under all the circumstances. 1~ ~f~ ~-- LAST WILL AND TESTAMENT OF HELEN M. SCHNEIDER PAGE 6 EIGHTH: Rights and Liabilities of Executor and Trustee. No bond or other security shall be required of the Executor or Trustee. This instrument shall always be construed in favor of the validity of any act or omission by the Executor or Trustee, and neither the Executor nor Trustee shall 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 or trust shall be taken into account. The Executor and Trustee shall be entitled to receive reasonable compensation for services actually rendered to my estate or to my trusts in an amount the Executor and Trustee customarily charge for performing similar services during the time in which they perform the services. 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) Trust Estate. "Trust estate" means all assets, however and wherever acquired, including income, which may belong to a trust at any given time. (C) Issue. Except for discretionary distributions which may be made unequally among a group of persons and distributions pursuant to a valid exercise of a power of appointment, 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. (D) Other terms. The use of any gender includes the other gender, and the use of either the singular or the plural includes the other. 7~~ D ~- 1 ' . • t LAST WILL AND TESTAMENT OF HELEN M. SCHNEIDER PAGE 7 (E) 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. ( Powers of Appointment. By this Will, I exercise any powers of appointment which I possess at the time of my death. IN WITNESS WHEREOF, I, HELEN M. SCHNEIDER, the Testatrix, have to this my Last Will and Testament, typewritten on eight (8) pages, including the Acknowledgment and Affidavit, set my hand and seal this 3r~ day of June, 2003. ~~~~~~ HELEN M. SC EIDER 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 seven (7) other consecutively numbered typewritten pages including the Acknowledgment and Affidavit. c` residing at ~''~ ~!" rIL ~ f ~~rti~n~' ~ (print name) residin at ~ /t'M ~ l f I [..~ g ~ P~. (print name) ACKNOWLEDGMENT AND AFFIDAVIT 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. 7~~ ~~ ~ ~~~-~-~~ Testa rix Witness r~ Witness COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: On this, the 3rd day of June, 2003, before me, a Notary Public, the undersigned officer, personally appeared MARK E. HALBRUNER, known to me or satisfactorily proven to be a member of the bar of the highest court of Pennsylvania, and certified that he was personally present when the foregoing acknowledgment and affidavit were signed by the Testatrix and witnesses. ,~~. . ~,;~~ r` IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~~,~`'.=•': ~• • ~ " .J S ` w- ` " ~~ otary P lic ~ . Nc~tana9 J:ci~ , ~ ~.. Stacey L. Nac~, Not~ru c~~r r `"~ :~. 4" ~ermanaghTwp., Jun~a.?~ ~.~ ~~, ' ~~ ~~~_~~~'~ PVIy Commission Expires lVo~F. ' ~"