Loading...
HomeMy WebLinkAbout06-17-10PETITION FOR PROEATE AND GP,ANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND Estate of Walter H. Gantt, Sr. also known as Deceased COUNTY, PENNSYLVANIA File Number o~ ~ ~ V '" ~ ~ 5 Social Security Number 1 Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELDW:) ®A. Probate and Grant of Letters Teabmentary and aver that Petitioner(s) is /are the E~ last Will of the Decedent dated March 19, 2010 and codicil(s) dated n/a .... ~ ~ r ~; ...1 .~ (State relevant circumstances, e.g., rereur~iation, rie~h 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 Admiaistntion (Ijapplicable, enter: c.t.a.; db.n.c.t.a; perrdente life; draante absemia• durance minoritate) Petidoner(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.) (COMPLETE INALL CASES:) Attack additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at 80 Beavers Road, Newviile. Penn Township. Cumberland County, Pennsylvania 17241 (List street address, town/city, township, county, state, zip code) Decedent, then 76 years of age, died on May 28, 2010 ~ M.S. Hershey Medical Center, Derry Township, Dauphin County, Pennsylvania Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property S 604,000.00 (If not domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County S Value of real estate in Pennsylvania $ 246,000.00 situated as follows: 88 Beavers Road, Newville, Penn Township, Cumberland County, Pennsylvania 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 T ~ rimed riarrie and residence Q _~,~"'_____> Kevin B. Gantt, 442 West Main Street, Walnut Bottom, PA 17266 + _ „~ ~ ~"~ Stephen B. Gantt, 1405 Boiling Springs Road, Boiling Springs, PA 17007 Form RW-02 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 Petitioners} 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 ~ ~~ day of For the ister ~- .. r~ ~ -~c~s File Number: OL ~ ~ ~Q ~ QiL' Estate of Walter H. Gantt, Sr. ,Deceased Social Security Num' ber: 173-32-2432 Date of Death: May 28, 2010 AND NOW, ~ ~~ f lT l~,j~~P_ ~ in consideration of the foregoing Petition, satisfactory proof having been. presented before me, IT IS DECREED that Letters Testamentary ate hereby granted to Kevin B. Gantt and Stephen B. Gantt in the above estate and that the instrument(s) dated March 19, 2010 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. FEES Letters ............... $ • Short Certificate(s) ........ $ . ~ _...$ 4 .$ ... $ ... $ ... $ ... $ ... $ ... $ TOTAL .............. $ _ Attorney Signature: Address: 4833 Spring Road Shermans Dale, PA 17090 Telephone: (717) 582-4006 Form RW-02 rev. /0.13.06 Page 2 of 2 Supreme Court I.D. No.: 78014 TAX WILL WITH OUTRIGHT DISP't~SITION OF MARITAL SHARE WILL OF WALTER H. GANTZ, SR. I, Walter H. Lantz, Sr., of NewvilYe, Cumberland County, Pennsylvania, make this my Will. I revoke y other Wills or Codicils to Wills made by me. ARTICLE I. DISTRIBUTION OF MY ESTATE ~. ~~ i A. _ I give the following items of my tangible personal property: ~ ~ ~ ~~~. ; , w ~.~. ~ ~ 1. .Tom son, Kevin B. Lantz m 3 0.06 rifle. Y Y ~ ~ ~' ~ ~ { C.~3~~- '~ ~ ~ ,t_ r~ -~ .„„ 2. To my son, Stephen B. Lantz my 12 gauge shotgun. ~ ~ , n ~ ~ ~ , . t~ .,.~ ~ ,; . ' 3. To my son, Walter H. Lantz, Jr. my .22 rifle. ~'!~' F 4. To my sister, Ruth's adopted daughter, Sandra the amount of $10,000.00. I give the remainder of my tangible personal property to my wife, Carol L. Gantt, if she survives me by thirty (30) days. If my wife does not survive me, I give the remainder of my tangible personal property in equal shares to my children, Brenda Reed, Kevin B. Gantt, Stephen B. Lantz and Walter H. Lantz, Jr., who survive me, per stirpes, in as nearly equal shares as they shall select under the supervision of my Executor. (The children shall take turns picking which items they desire, with the value thereof being charged against their share of my estate. The order of selection shall be based upon age and shall alternate. each round, the then oldest living child picking first in the first round, second in the second round, third in the third round and so on.) If any such articles cannot be fairly divided or distributed in kind, in the opinion of my Executor, such articles shall be sold and proceeds thereof shall pass as part of my residuary estate. Tangible personal property includes stamp or coin collections but does not include other money or stock certificates or other evidences of intangible rights or interests. Tangible personal property does not include any property that is held primarily for investment purposes or used in connection with any business in which I may be engaged or in which I may have any interest at the time of my death. B. I give to my wife, if she survives me by thirty (30) days, all my interest in the residence that serves as my principal home at my death, including all adjoining lands and any related casualty insurance. C. To the Cemetery Association of Diller Mennonite Church of Newville, Pennsylvania, the sum of Three Thousand Dollars ($3,000.00) to be used for upkeep and maintenance of the Diller Mennonite Church Cemetery. D. I give the residue of my estate to my Trustee to be divided (along with any assets coming to my Trustee from other .sources at my death) into two separate shares, called the Marital Share and the Family Trust, according to the directions in Article III. 1. Marital Share. My Trustee shall distribute the Marital Share outright to my wife. In the event my spouse has predeceased me, I give, devise and bequeath my estate as follows: a. Two Thousand Five Hundred ($2,50©.00} Dollars to each of my grandchildren living at the time of my death. Said sum shall bd placed in long term federally insured certificates of deposit containing a restriction to the effect that all principal and income shall be reinvested and no distribution shall be made by or on behalf of said child until he or she reaches the age of 22, at which time all restrictions shall be removed therefrom. b. All the rest, residue and remainder of my estate shall be divided equally among my children, per stirpes. 2. Family Trust. My Trustee shall administer the Family Trust upon these directions: a. Pay the net income to my wife during her lifetime in quarterly or more frequent installments and pay to her as much of the principal as my Trustee may deem necessary for her support in reasonable comfort and for her medical, dental, hospital and nursing expenses and expenses of invalidism. b. Upon my wife's death (or my death if my wife predeceases me), distribute the principal and any undistributed income of the Family Trust to my then living descendants, Brenda Reed, Kevin, B. Lantz, Stephen B. Lantz and Walter H. Lantz, Jr., in equal shares, per stirpes. c. In the event any of my children shall predecease me, that child's proportionate share shall go to his/her issue in equal shares. If that child has no issue, their share shall be split equally among his/her surviving siblings. d. If at the death of the survivor of my wife and me, or the termination of a child's separate trust there is no living beneficiary desnated to take the assets held in the trust, distribute the principal and any undistributed income to the persons who wQUld then. be my distributees under the laws of Pennsylvania then in effect as if I had then died without a Will, unmarried and owning the assets. ARTICLE II. PROVISIONS FOR INTERESTS VESTING IN BENEFICIARIES UNDER AGE TWENTY-TWO Notwithstanding the foregoing provisions, whenever any interest in my estate vests absolutely in a beneficiary under age twenty-two, my Trustee may retain the interest upon a 2 separate trust and pay to the beneficiary as much of the net income or principal as my Trustee may .deem appropriate to provide for the beneficiary's support, other needs or education until the beneficiary reaches age twenty-two, when the interest shall go outright to the beneficiary. If the beneficiary dies before reaching that age, the interest shall constitute a part of the beneficiary's estate. ARTICLE III. DIVISION INTO MARITAL SHARE AND FAMILY TRUST If my wife survives me, then as of my death my Trustee shall divide the ~ assets (but excluding assets used to make the payments described in Article IV) into the Marital Share and the Family Trust as follows: A. If I die during the year 2010 at a time when Chapters 11 and/or 13 of the Internal Revenue Code do not apply to my estate, and if said Chapters are not retroactively reinstated so as to apply to my estate, then notwithstanding anything hereinabove to the contrary, for the purposes of all computations that are required to be made under this instrument, it shall be presumed that Chapters 1 1, 12 and 13 of the Internal Revenue Code as in effect on December 31, 2009, are in effect at the time of ~ my death and that all elections under said Chapters shall be deemed to be available for purposes of said computations. It is my intention in adding this provision to have the funding formula interpreted as if Congress had acted to extend the 2009 estate tax regime through 2010 even though. they have failed to do so to date. B. The Marital Share shall consist of the following fractional share of the trust assets: The numerator of the fraction shall be a figure equal to (1) such portion, if any, of the unlimited marital deduction allowable to my estate as may be necessary to reduce to zero (or if that is not possible, to a minimum) the federal estate tax on my estate after taking into account all other deductions, exclusions, the unified credit, and the state death tax credit finally allowed for federal estate tax purposes less (2) the aggregate value as finally determined for such purposes of all property and interests in property included in my gross estate that. qualify for the marital deduction and that pass or have passed to or for the benefit of my wife on or before my death, other than as a part of the Marital Share. The denominator of the fraction shall be a figure equal to the value of the trust assets calculated on the basis of values as finally determined for federal estate tax purposes. C. The Family Trust shall consist of the. remaining fractional share of the trust assets. D. In making the division, my Trustee shall not distribute to the Marital Share any property or the proceeds of any property that are not capable of qualifying for the marital deduction.. Except to the extent that the Marital Share cannot be satisfied by other property qualifying for the marital deduction, my Trustee shall not distribute to the .Marital Share any property in respect of which any tax is payable to a foreign country by reason of my death. Subject to the restrictions of this paragraph, my Trustee may select trust assets to be allocated to ~~ the Marital Share and the Family Trust as my Trustee may determine, valuing. the assets selected as of the date or dates of distribution. E. All income earned upon the trust assets before the division (including income from assets used to .make the payments described in Article IjJ and income .added to the trust assets from my probate estate or .otherwise by reason of my death) shall retain its character as income and shall be allocated to the Marital Share and the Family Trust in accordance with the same fractions specified above. F. As used in this Article, the terms "gross estate," "marital. deduction," "pass or have passed," "unified credit," and "state death tax credit" shall have the meanings they have in the Internal Revenue Code of 1986 (as amended from time to time before my death}. ARTICLE IV. PAYMENT OF EXPENSES AND OTHER ChIARGES I .direct my Executor to pay my funeral and burial expenses including the cost of a monument or marker over my grave, and all of the estate, inheritance, and similar taxes assessable on my death (including taxes on assets not passing under this Will} as well as the cost of administering my estate. My Executor shall not request any beneficiary to pay any part of such tax. ARTICLE V. MISCELLANEOUS PROVISIONS A. Distribution to Descendants. Whenever property is to be distributed to the descendants of a person (the "ancestor"), such property shall be divided into equal shares, .one share for each then living. descendant in the first generation below the ancestor in which at least one descendant is living, and one share for each deceased descendant in such generation who has a descendant then living. Each share created for a living descendant shall be distributed to such descendant. Each share .created for a deceased descendant shall be divided and distributed according to the directions in the two preceding sentences until no property remains undistributed. B. Disclaimers. Any beneficiary or the legal representative of any deceased beneficiary shall have the right, within the time period prescribed by law, to disclaim any benefit or power under this Will. When property is to be distributed to the descendants of a person and one such descendant disclaims his interest in all or a portion of such property, the disclaimed interest, determined as if the disclaimant were living at the time of distribution, shall ~ be distributed to the then living descendants of the disclaimant; provided, however, that if the disclaimant has no descendants then living, the interest shall be distributed as if the disclaimant had predeceased the event that results in the distribution of the property. All or any fractional part of the Marital Share may be disclaimed by or on behalf of my wife and such disclaimed part shall be added to the Family Trust. My wife shall have the same interest in such added property as she has in the other property in the Family Trust (unless she also disclaims her interest in the Family Trust). Transfer taxes incurred at my death and attributable to a qualified disclaimer of property included in my gross estate shall be paid from the disclaimed property. The transfer taxes 4 attributable to a qualified disclaimer shall be the difference between (i) the actual taxes payable at my death and (ii) the taxes that would be payable if the disclaimer were not made. C. Effect of Adoption. A person who has a relationship by or through legal adoption shall take under this Wall as if the person had the relationship by or through birth, except that a person adopted after reaching age twenty-one and descendants of such a person shall not so take. D. .Specific Iteons of Property. Gifts of specific items of property mentioned in this Will or any separate writing that is binding upon my Executor shall fail to the extent that I, or any duly authorized. agent of mine, dispose of such property prior to my death. My Executor shall not substitute cash or any other assets for any such property. E. Spendthrift Trust. To the extent permitted by law, neither the principal nor income of any trust shall be liable for the debts of any beneficiary or, except to -the extent otherwise specifically provided, to alienation or anticipation by a beneficiary. F. Survivorship. My wife shall be deemed for purposes of this Will to have survived me if we die. simultaneously or if there is no sufficient evidence (in the opinion of my Executor) that my wife and I have died otherwise than simultaneously. G. Matters of Interpretation. For simplicity, I have expressed pronouns and other terms in one number and gender, but where appropriate to the context these terms shall be deemed to include the other number and genders. The bold headings are for convenience and shall not affect interpretation. ARTICLE VI. APPOINTMENT OF FIDUCIARIES AND POWERS A. I name my sons, Kevin B. Lantz and Stephen B. Gantt to be my Co-Executors and my Co-Trustees (hereinafter "Executor" and "Trustee"). If either of my sons fail to agree on how to act, I appoint Mark W. Allshouse, Esquire to have a vote to resolve the dispute. If administration of my estate or trust should be necessary in any jurisdiction where my Executor or my Trustee is unable to qualify, (or if my Executor or my Trustee deems it necessary for any other reason,) I give to my Executor and my Trustee the power to designate any individual or corporation with trust powers to serve with my Executor or my Trustee or in my Executor's or my Trustee's stead. I request that no security be required of any Executor or Trustee, including an Executor or Trustee named pursuant to the preceding sentence. References in my Will to my "Executor" and my "Trustee" are to the one or ones acting at the time, except where otherwise specifically provided. B. Any corporate Executor or Trustee shall receive-for its services the compensation for .which it is willing to undertake similar services for others at the time such services are rendered, as evidenced by its published fee schedule in effect from time to time, unless it is willing to agree upon a fee that is less than its customary fee. Any individual who serves as Executor or Trustee shall be entitled to receive reasonable compensation for his or her services ~~ 5 and, whether or .not such individual receives compensation, shall be entitled to be reirnbursed for expenses incurred for such services. C. I grant my Executor and my Trustee the. powers setforth in 20 Pa. C.S. §§ 3311- 3332 and 20 Pa. C.S. §§ 7131 7143 respectively. In addition, m.y Trustee may merge any trust under this V~ill with any trust having the same trustee and substantially the same, dispositive provisions. If at any time after my death the size of any trust under this Will is so mall that, in the opinion of my Trustee, the trust is uneconomical to administer, my Trustee may terminate the trust. and distribute the assets to the person or persons authorized to receive the trust income in such shares as my Trustee may deem appropriate. No Trustee who is also an income beneficiary of the trust at issue shall exercise any discretion granted in the preceding sentence. My Executor and my Trustee may distribute tangible personal property passing to a minor to any adult person with whom the minor resides, and that person's receipt shall be a sui~cent voucher in the accounts of my Executor and my Trustee. In funding or adtniinistering the Marital Share, my Trustee shall not exercise any power in a manner that would infringe upon any legal requirement for the allowance of the estate tax marital deduction. Subject to the requirements of the preceding sentence and to paragraph C of Article III, my Executor or my Trustee may select assets for allocation to a particular trust or share as my Executor or my .Trustee shall deem to be in the best interests of the beneficiaries of my estate or any trust created under this Will, and assets allocated to one trust or share need not be of the same character as assets allocated to another trust or share; and, without limiting the generality of the foregoing, my Executor or my Trustee may allocate assets having different income tax bases in such manner, amounts, and proportions as my Executor or my Trustee shall deem appropriate. The powers and discretion granted to my Executor and my Trustee are exercisable only in a fiduciary capacity and may not be used to enlarge or shift any beneficial interest except as an incidental consequence of the discharge of the duties of my Executor. or my Trustee. My Executor may distrit~ute tangible personal property passing to a minor to any adult person with whom the minor resides, and that person's receipt shall be sufficient voucher in the accounts of my Executor. D. No .Trustee shall have any voice as a Trustee in any decision covering the discretionary distribution of income or principal of any trust for the purpose of discharging a legal obligation of such Trustee or for such Trustee's pecuniary benefit unless related to such Trustee's needs for health, education, support, or maintenance. . E. My Executor/Trustee shall have the sole and absolute discretion to treat expenses as either estate tax or income tax deductions, to select tax valuation methods and dates, to make allocations of basis, and to exercise any other allowable tax election, regardless of the effect thereof on the amount of this bequest, and no adjustment to this bequest shall be required by reason of any such determination made by the Trustee. Executed this ~ day of /~~/'~~',~j , 2010 (SEAL) . G' , 6 Signed, sealed, published, and declared for and as his Last Will and Testament by the Testator in our presence, we all being present at the same time; and we, in his presence and at his request and in the presence of each other, have subscribed our names as witnesses whereof, all on the date last above written. i~~u arc. ~ OF 5 a~~ ~e c'~acc ~tcN4n~cSb~~a. /~ /7USO OF y~'Y3 s~~~~ ,eo . ~E,c,~r~,~sa~r~~A.- i7opo COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~~r~ Before me, the undersigned authority, on this date personally appeared Walter H. Gantz, Sr., •1~rvur~ c% ~~'C'/?/" ands ~. ~/,a/~tf'" , .known to me to be the Testator and witnesses, respectively, whose names are signed to the foregoing instrument and, all of these persons being by me first duly sworn, the Testator declared to me and to the witnesses in my presence that said instrument is his Last Will and Testament and that he had willingly signed and executed it in the presence of said witnesses as his free and voluntary act for the purposes therein expressed, that said witnesses stated before me that the foregoing .Will was executed and acknowledged by the Testator as his Last Will and Testament in the presence of said witnesses who in his presence and at his request and in the presence of each other did subscribe their names thereto as attesting witnesses on the day of the date of said Will and that the Testator, at the time of the execution of said Will, was over the age of eighteen years and of sound and disposing mind and memory. Sworn and acknowledged before me by Walter H. Gantz; Sr., the Testator and ~ rU~r~ ~~~~11~i. and 7Gad ~}. ~/~l~cr , witnesses, this 19~ day of /~/+~~ , 2010. No~tuu a~`We ~~LSHOUSE Noolory Public c.~-alza,~ tw' PEart~r coul~m My Comml~lon Explr~s~ Mor 29. ZQ1Z Witness oa a A. ~/~ ~r~.L ary Public 7