HomeMy WebLinkAbout07-21-10 (2)
n o
IN THE COURT OF C011AMON PLEAS ~ o
OF CUMBERLAND COUNTY r
~~ N
In Re: Orphans Court Division ~~ '~
Estate of Mary H. McCrea ~~~ s
Late of Lower Mifflin Township No. ~ ~ -~ ~~ ~~~ ~ ~ '~~
Cumberland County, PA, Deceased I ~"'
o~
PETITION TO WITHDRAW AS TRUSTEE
COMES NOW, the Petitioner, Andrew M. McCrea, Executor of the Estate of Mary H. McCrea, d~ceased,
and does petition this Honorable Court to withdraw as Trustee based upon the following: ~'~
1. The Petitioner, Andrew M. McCrea, is the Executor of the Estate of Mary H. McCrea, d~ceased
having been granted Letters Testamentary dated February 18, 2009.
2. Mary H. McCrea died February 10, 2009, having first made her last Will and Testamen~ a copy of
which is attached as Exhibit "A".
3. Andrew M. McCrea has proceeded with the administration f the Estate, liquidated the assets of
the Estate, paid the expenses and costs of Administration of the Estate thus far, and h shad
prepared and filed an Inheritance tax return filed with the Commonwealth of Pennsyl ania
through the Register of Wills Office in and for Cumberland County, Pennsylvania, O+cto~er 29,
2009. ~'
4. Petitioner paid estimated Inheritance tax prior to the expiration of the three month di ount
period and the final balance of Inheritance tax due as calculated on the Inheritance to return in
the amount of $1,106.79 on October 29, 2009.
5. The Department of Revenue has made an assessment accepting the return as filed anc~ the
Estate has prepared and is filing a first and final account and proposed schedule of distribution
with the Register of Wills and the Orphans Court of Cumberland County, Pennsylvania
contemporaneously with this Petition. '
6. Under the terms of the last Will and Testament, Item VII the three children of Mary H~ McCrea
are to share in the rest, residue, and remainder of the Estate. And further, the Execut r is to
serve as Trustee to hold the residuary shares of Lucy M. Berilla, now known as Lucy, M Jansema,
and Mary Jane Spencer in trust distributing the income and principal at a rate of 10196 ~f the
distributable share of each annually until such time as such beneficiary has depleted her share
or has begun to receive Social Security benefits. '
7. Current, Mary Jane Spencer does receive Social Security benefits thus making her re iduary
share directly and entirely distributable to her upon confirmation of the above-refere ced
account and proposed schedule of distribution.
8. Lucy M. Jansema does not currently qualify for Social Security benefits nor is she receiiving any
Social Security benefits, thus triggering the establishment of a trust account for her nett
distributable share and the appointment of Andrew M. McCrea upon approval of the ~roposed
schedule of distribution.
9. Lucy M. Jansema will not qualify for Social Security for approximately four more years at least.
~7
f'T^_ :.
c~~a
~-., r: ~
C"'°
~rn
•~
10. Separate and apart from the Estate assets is the matter of a presently disputed Option to
Purchase a portion of property presently titled to Andrew M. Mcrea and his wife Sally Ann
McCrea. Under the terms of the original Option, Lucy M. Berilla, now Lucy M. Jansema'was
granted an option to purchase under certain conditions and within certain times. The validity of
this Option is the subject of litigation filed by Lucy M. Jansema against Andrew M.11NcC~rea and
Sally Ann McCrea, docketed in Cumberland County Court of Common Pleas, No. 254 Civil 2010.
11. The status of the pending litigation between Andrew M. McCrea and Lucy M. Jansema ~~s that an
Answer to New Matter has been filed by Plaintiff Lucy M. Jansema, March 4, 2010.
12. Because of the adversarial positions between the Executor of the Estate, Andrew M. lv~cCrea
and his sister, Lucy M. Berilla now Lucy M. Jansema, the Executor, Andrew M. McCrea believes
and therefore avers that it is not in the best interest of the Court or himself to assume Ithe
position of Trustee of the residual share of Lucy M. Berilla now Lucy M. Jansema.
13. Petitioner previously met with financial advisors from F & M Bank concerning the investment of
the residuary share of Lucy M. Jansema in an annuity to pay out annually at a rate of 196 of the
annuity amount plus accumulated interest in accordance with the provision of the W/il .
14. Such an annuity pay-out financial tool is available through F&M Bank as well as other ranks and
is a fairly commonly used financial tool requiring nominal ministerial duties, management, and
expense to the beneficiary thus maximizing the benefit to the beneficiary and securir-~ the
residual share in a relatively risk free investment.
15. Petitioner believes and therefore avers that the distribution of the residuary share to ~uch an
annuity will fulfill the objectives of the decedent and minimize the cost to the beneficiary thus
removing him from a position of potential conflict and litigation which wiN cause in¢re~sed
expense to the Estate and uRimately reduce the distributive share to Lucy M. Jansemal,as
beneficiary.
16. Petitioner proposes, upon confirmation of the First and Final Account to distribute ten percent
of the net residuary share of Lucy M.lansema directly to her and to pay over the rejm~ining
balance to the proposed annuity. Said annuity to pay nine installments, each equal to ~.0% of the
original residuary share to Lucy M. Jansema, plus any accumulated income on said 8mdunt,
under the terms of the annuity directly to Lucy M. Jansema. And further providing ~ha Lucy M.
Jansema may petition the Court for distribution of the remaining balance of the anmui~y at such
time as she has qualified for, and has begun receiving, Social Security benefits in accordance
with the terms of the Last Will and Testament of Mary H. McCrea.
17. Petitioner requests that the Court order the payment of the first installment as referenced
above, within 10 days of,the date of confirmation of the First and Final Account and Sc~edule of
Distribution and that the annuity be established to pay out the annual installments be~inning in
the first week of January 2011, and succeeding years thereafter until paid in full
18. Lucy M. Jansema, has read and understands this Petition and has signed a verification ~oining in
the Petition, thus requesting that the Court enter an Order granting the relief requested without
the necessity of a hearing in this matter.
WHEREFORE, Petitioner requests this Honorabt~ Court enter an Order granting the relief requested
to appoint F&M Trust Company, or its successor as guardian and trustee of the residuary share of
Lucy M.lansema excluding payment of ten percent of the distributable share as set forth above.
RespectfuNy submitted,
Sally J. Winder ',
Attorney for the Estate of Mary H. Mc~rea
P.O. Box 341
Newville, PA 17241
(717) 7761245
VERIFICATION
Andrew M. McCrea, states that the foregoing Petition is true and correct as to his own
knowledge, except as to matters therein stated to be alleged on information and belief, nd as
to those matters he believes it to be true. This statement is made subject to the pena of 18
Pa. C. S. Section 4~4 relating to unswom falsifications to authorities, which provided thl if I
make knowingly false statements I may be subject to criminal penalties.
Date: ~ ~Q ~
~~
~ ~i~-~
AndreNV M. McCrea ~i
VERIFICATION
Lucy ~ Jansema, states that the foregoing Petition is true and correct as to her own knowledge, except
as to matters therein stated to be alleged on information and belief, and as to those matters sfje
believes it to be true. Further, she does state that she has read and understands the Petition aid by
signing this verification does join in the Petition requesting the relief sought for distribution Hof ~er
residuary share as shown on the First and Final Account filed in the Estate of Mary H. Mdraa. 'i
This statement is made subject to the penalties of 18 Pa. C. 5. Section 4904 relating to unsworn4
fakifications to authorities, which provides that if i make knowingly false statements I may Ibe ~ubject to
criminal penalties.
Date: h ~
Lu .1an a '
°-^: ' f,
i..~_.~,. _ : ... _.
i~_"`~i . , i .,,
t.: .. ~.
109 FEB t 7 ~H t0~ 51
~~~~ ^,~~~ill and ' ~Iestamen t
~,.ri..~u~ .,
-~ - -• . _.. Fr
Mary ~G ~I~1cCrea
I, MARY H. McCREA, of Louver Mifflin Township, Cmnberland County, Penrsylvani~, being of sand
mind and memory declare this to be my Last Will and Testament end revoke any will or codicil previously made by
~.
ITEM I: 1 direct that all my just debts and funeral expenses, including my grave~tsarkbr and all expa~es of
my last ilh~ess, shall be paid from my residuary estate as soon as practicable after my decease a~ a ~ of the
administration of my estate
ITEM II: 1 give, devise and bequeath those articles of furniture and personal property e~ set forth in a
separate memorandum, which I shall place with my Wilt and copies of which I shall provide to the recipiems as set
forth in the memorandum prior to my decease.
ITEM III: t give, devise. and bequeath all of my M & T Bank and Trust Company, or it$ successors and
assigns, beak stock to my grandchildren living Qn the date of my death in shares of equal value, share end share
alike.
C~;~~ `~'
ITEM IV: I give, devise, and bequeath the full sum of Five Thousand (SS,000.110) Dodiarsl to each of my
great grandchildren, their heirs and assigns, living on the thirty-first day following my death.
ITEM V: I direct that all taxes that may be assessed in consequence of my death, of whatever nature and
by whatever jurisdiction imposed, shall be paid from my residuary estate as part of the expenses ot~the
administration of my estate.
ITEM VI: 1 appoint ANDREW M. McCREA, guardian and trustee of any property wf~rch passes either
under this Will or otherwise to a person under the age of twenty-one {21), or other person entitled ~Ilto distribution
the terms of Item III above, and with respect to which I am authorized to appoint a guardian and have not
under
otherwise specifically done so, provided that this appointment of a guardian and trustee shall rot ~ the right
of any fiduciary in its discretion to distribute a share where possible to the person under the age o twenty-one (21)or
to another for the person under the age of twenty-0ne (21) years' benefrt• Such guardian and ' Iee shall have the
power W use principal as well as income from time to time for say person under the age ~f twintyF-one (21) years'
support and education (including college education, both graduate and undergraduate) wittwat re~ard to his or her
parent's ability to provide for such support and education, or to make payment for these purpcises} without further
responsibility to the person under the age of twenty-one (21) years or to their parent or to any taking care of
the person under the age of twcnty-one (21) years.
ITEM VII: ]give, devise and bequeath the rest, residue and ranainder of my estatq of every nature and
wheragoever situate to my throe children, ANDREW M. McCREA, MARY JANE SPENDER, AND LUCY M.
BERILLA, their heirs and assigns, in equal shares, share and share alike, providcd however, that the calculation of
_~
thine shares shall take into account the listing of lifetime gifts which I have made to my abovo-nan~ed children and
which are set forth on a separate manorandum which I have signed and dated contemporaneously with thi5~ Last
Will and Tasfament. Provided, however, that the residuary shares distributable to Lucy M.13erilht and Marjy Jane
Spencer, as set forth herein, shall be held IN TRUST, by ANDREW M. McCREA, and the income and principal
shall be accumulated and distribution from these funds shall be made to each beneficiary at a rate often (l0)
percent per annum of the net distributable share of each beneficiary uatil such time as such beneficiary shad have
depleted her share or shalt have filed for, and begun to rceeive, Social Security benefits (exchuiing those r~ceived, or
entitled to be received by Lucy M. Berilla as death benefits arising out of the death of William C.13erilla, .fir.) . At
sudt time die beneficiary thus qualifying shall receive the balance of her net distributable share as well as any
aaarmulated income acoountabk to her share. Upon the death of any beneficiary, the net distrtbutable sham shall be
immediately disMbutable to the estate of the deceased beneficiary.
1lTEM IX: No interest in income or principal shall be assignable by a beneficiary or available to anyone
having a claim against a beneficiary before an actual payment to the beneficiary.
ITEM X: I appoint ANDREW M. McCREA, Executor of this, my Last Will and Testament. Shsbuld he
fail to qualify or cease to act as executor, I appoint LUCV M. BERILLA executrix of this, my Last WWII a~d
Testament.
~~
ITEM VI: I direct that my Executors or their successor shall not be required to give bond for the Faithful
performance of their daties m any jurisdiction.
3
IN WI!TN&SS WHEREOR, I hereunto set my hand and seal to this my Last Will a~
TGttetnattb vvriiten on ~_ sheets of paper, dated this day of July, 2008.
~/ ' ~'i /"?~~'1~/ (SEAL)
ARY . McCREA
identified by the
The preceding instrument, consisting of this and ~_ other typewritten page(s),
sigaature of tfie testatrix, MARY H. McCREA, was on the day and date thereof signed, published and declared by
MARY H. McCRBA, the testatrix herein named, as and for her Last Will, in the presence of ws, , st her
request, in her presence, and in the presence of each other, have subscn'bed our names as w~ hereto.
Z1 residing at ~~litJ V[ Ll~ , ~~
T
residing at ~~
~~
4
COMMONWEALTH OF PENNSYLVANIA
. SS
COUNTY OF CUMBERLAND
We, MARY H. McCREA, the testatrix in, and the undersigned witnesses to, the will,'the attached or
foregoing instrument, who have signed the instrument, having been qualified accordmg to law do and say:
(a) that I, the testatrix, do hereby acknowledge that I signed the instrument as my vVitl, that I
signed it willingly snd as my free and voluntary act for the purposes therein expressed;
(b) that we, the witnesses, were present and saw the testatrix sign and execute the • t as
her will, that she signed it willingly and executed it as her free and voluntary act for the p es
therein expressed; that each of us in the hearing and sight of the testatrix signed the will a
witness and that to the best of our knowledge the testatrix was at that time ! 8 or more y of age,
of sound mind and under no constraint or undue influence.
A 7
;:///~ ~
MARY H EA
',
_ ~t c.~ ~I
fitness
~ I
~ ~,
WI ess
Subscribed to and subscribed or
atI'nmed and acknowledged before me
by Mary H. McCre:, the testatrix
and the tresses whose names are signed above
this day of July, 2tM8.
,~~
t
COMMONWEAlZH OF P~lNSYLYANiA
NOTARIAL b'EAL
SALLYJ. YMINDER. NOTARY Pt~IIC
CITY OF SIid+PEN8BUgf3, FMNKUN COUNTY
MY COIAMNSlRON EXPIRES 3h H2O12