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HomeMy WebLinkAbout01-03-11REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: ESTATE OF ESTHER B. KERB ESTATE NUMBER: 21-2010-0302 FAMILY AGREEMENT This Agreement entered into this 2'' day of ~~ ,4~C/ ~ , 20~ by and between Thomas S. Kerr in his capacity as Executor under the Will of Esther B. Kerr, Deceased, and Marybeth Heathcote, Daniel P. Kerr, John M. Kerr and Thomas S. Kerr, the residuary legatees of the estate. BACKGROUND 1. Esther B. Kerr ("Decedent") died on February 20, 2010 a resident of Cumberland County, leaving a Will dated February 3, 2005. 2. Decedent's Will was admitted to probate by the Register of Wills of Cumberland County on March 29, 2010 and Letters Testamentary were issued to Thomas S. Kerr as Executor of the estate. 3. In her Will, Decedent named Marybeth Heathcote, Daniel P. Kerr, John M. Kerr and Thomas S. Kerr as the residuary legatees. 4. The Executor advertised the Grant of Letters Testamentary, prepared and filed an Inventory and Appraisement of Decedent's property and prepared and filed a Pennsylvania Inheritance Tax Return and paid the appropriate taxes thereon. 5. The Executor paid all the taxes, debts and expenses of the estate known to him, and he v? has no kn~~ige of any unpaid claims, absolute or contingent, which maybe asserted against the estate w `=_~ _.._, ., ~. ~~' =`~~ ~ ri doe~~:~ve any reason to believe there are any such claims. _~ _ ~_.:~ c.~ : - M ~ ~_r- ~:- ~ ~ ~...~: -1- ~,....:}~ , , ,~ t., C:~ , , c_C7C: ~~-- E ~`: ~ ~ ~a 6. The Executor paid the specific bequest set forth in Article Third of decedent's Will to St. Paul's Roman Catholic Church, 128 North McKean Street, Butler, PA 16001 7. The Executor intends to distribute the net assets of the estate to the residuary beneficiaries named in the Will in accordance with the Schedule of Distribution attached hereto. 8. A statement reflecting all estate receipts, disbursements and distributions are annexed hereto as Exhibit A. 9. The residuary beneficiaries desire that this Family Settlement Agreement make unnecessary the filing of an accounting in the Orphans' Court Division of the Court of Common Pleas of Cumberland County. NOW, THEREFORE, intending to be legally bound, the parties do hereby: A. Waive the filing of an account of the administration of the estate in any court; B. Declare that the undersigned have examined the attached Informal Account and Schedule of Distribution of the Executor; find it to be true and correct in all particulars; accept and approve it with the same force and effect as if it had been prepared and filed with, audited, adjudicated and confirmed absolutely by a court of competent jurisdiction; and as if the balance of principal and income had been awarded by the Court in accordance with the Schedule of Distribution; C. Warrant that the beneficiaries named in the Informal Account and Schedule of Distribution are the sole remaining parties in interest in the estate and entitled to receive the entire distribution thereof in accordance with the Informal Account and Schedule of Distribution; D. Warrant that the undersigned know of no outstanding and unsatisfied claims against the estate; -2- E. Approve the distribution of the balance of principal and income shown in the Informal Account and Schedule of Distribution to the persons set forth therein; F. Absolutely and irrevocably release and discharge the Executor and his heirs, personal representatives, successors and assigns of and from any and all actions, liabilities, claims and demands relating in any way to his administration of the estate and distribution in accordance with the Informal Account and Schedule of Distribution and without a court accounting and adjudication; G. Agree to refund to the Executor any amount of the undersigned's distribution which exceeds the amount to which the undersigned are entitled as the Executor shall determine; H. Agree to indemnify and hold harmless, the Executor, and his heirs, personal representatives, successors and assigns, from and against any claims, liabilities, loss or expense including costs and counsel fees arising from any cause whatsoever, which the Executor may incur as a result of the administration of the estate and its distribution in accordance with this agreement including, but not limited to, any liability for any Pennsylvania Inheritance Tax or any other death taxes, and any federal or Pennsylvania income taxes, and Pennsylvania personal property taxes, together with any interest and costs incidental thereto, relating in any way to the estate and also including, but not limited to, any assets received or payments or distributions made by reason of any negligence or mistake of law or fact. In witness whereof the parties hereto set their hands and seals this day of ,~G~ ' , 201 ~ . ~ ~ ~~ Mary th K. Heathcote, Beneficiary John M. Kerr, Beneficiary Daniel P. Kerr, Beneficiary Thomas S. Kerr, Beneficiary & Executor -3- E. Approve the distribution of the balance of principal and income shown in the Informal Account and Schedule of Distribution to the persons set forth therein; F. Absolutely and irrevocably release and discharge the Executor and his heirs, personal representatives, successors and assigns of and from any and all actions, liabilities, claims and demands relating in any way to his administration of the estate and distribution in accordance with the Informal Account and Schedule of Distribution and without a court accounting and adjudication; G. Agree to refund to the Executor any amount of the undersigned's distribution which exceeds the amount to which the undersigned are entitled as the Executor shall determine; H. Agree to indemnify and hold harmless, the Executor, and his heirs, personal representatives, successors and assigns, from and against any claims, liabilities, loss or expense including costs and counsel fees arising from any cause whatsoever, which the Executor may incur as a result of the administration of the estate and its distribution in accordance with this agreement including, but not limited to, any liability for any Pennsylvania Inheritance Tax or any other death taxes, and any federal or Pennsylvania income taxes, and Pennsylvania personal property taxes, together with any interest and costs incidental thereto, relating in any way to the estate and also including, but not limited to, any assets received or payments or distributions made by reason of any negligence or mistake of law or fact. In witness whereof the parties hereto set their hands and seals this G day of ~ , 20 C~ . Marybeth K. Heathcote, Beneficiary I~. Jo M. Kerr, Beneficiary Daniel P. Kerr, Beneficiary Thomas S. Kerr, Beneficiary & Executor -3- E. Approve the distribution of the balance of principal and income shown in the Informal Account and Schedule of Distribution to the persons set forth therein; F. Absolutely and irrevocably release and discharge the Executor and his heirs, personal representatives, successors and assigns of and from any and all actions, liabilities, claims and demands relating in any way to his administration of the estate and distribution in accordance with the Informal Account and Schedule of Distribution and without a court accounting and adjudication; G. Agree to refund to the Executor any amount of the undersigned's distribution which exceeds the amount to which the undersigned are entitled as the Executor shall determine; H. Agree to indemnify and hold harmless, the Executor, and his heirs, personal representatives, successors and assigns, from and against any claims, liabilities, loss or expense including costs and counsel fees arising from any cause whatsoever, which the Executor may incur as a result of the administration of the estate and its distribution in accordance with this agreement including, but not limited to, any liability for any Pennsylvania Inheritance Tax or any other death taxes, and any federal or Pennsylvania income taxes, and Pennsylvania personal property taxes, together with any interest and costs incidental thereto, relating in any way to the estate and also including, but not limited to, any assets received or payments or distributions made by reason of any negligence or mistake of law or fact. In witness whereof the parties hereto set their hands and seals this day of ~ ,.. , 20~. Marybeth K. Heathcote, Beneficiary John M. Kerr, Beneficiary Daniel P. Kerr, Beneficiary Thomas S. Ken, Beneficiary & Executor -3- SCHEDULE OF DISTRIBUTION Balance Available for Distribution $131,294.31 Marybeth Heathcote one-fourth of residue Daniel P. Kerr one-fourth of residue John M. Kerr one-fourth of residue Thomas S. Kerr one-fourth of residue 32,823.57 32,823.57 32,823.57 32,823.57 Summary of Account Estate of Esther B. Kerr For the period of February 20, 2010 -December 6, 2010 Page Principal Receipts 3 $156,722.39 Less Disbursements: Debts of Decedent 4-5 10,752.39 Funeral Expenses 5 1,768.00 Administration Expenses 5-6 729.76 Taxes 6 8,417.58 Fees 6 1,800.00 Total Disbursements - - - - - - - - - - - 23,467.73 Less: Distributions 5 1,960.35 Balance of Available for Distribution 131,294.31 SCHEDULE A RECEIPTS OF PRINCIPAL Assets Listed in Inventory (Valued as of Date of Death) ~b PNC Bank -checking account PNC Bank -Money Market Account PNC Bank -certificate of deposit Total Cash Stocks /Listed 1,667.0000 shares Credit Suisse Asset Management Income Fund, Inc. Total Stocks 1 Listed Total Receipts 156,722.39 Total Receipts of Principal 156,722.39 Fiduciary Acquisition Value 27,693.89 112.718.61 10,508.73 150,921.23 5,801.16 5,801.16 -3- SCHEDULE C DISBURSEMENTS OF PRINCIPAL AK Steel 02/20/2010 pension benefit -returned Bethany Skilled Nurs ing 02/20/2010 final nursing home bill Bonnie K. Miller, Tre asurer 02/20!2010 per capita tax Commonwealth of P ennsyllvania 02/20/2010 2009 income tax Continuing Care Rx I nc. 02/20/2010 Pinnacle Health Hosn i tats ~ 02/20/2010 united States Treasu ry 02/20/2010 2009 income tax 441.49 7,781.32 9.80 316.00 347.89 72.84 8as.oo 441.49 7,781.32 9.80 316.00 347.89 72.84 846.00 -4- SCHEDULE C DISBURSEMENTS OF PRINCIPAL Continued West Shore EMS - ALS 02/20/2010 ambulance transport to hospital 937.05 937.05 Geibel Funeral Home 02/20/2010 Total Debts of Decedent Funeral Exde, Haas 10,752.39 1,768.00 1,768.00 Total Funeral Exoenses Administration Exne,~nses 1,768.00 Cumberland Law Journal 03/25/2010 Estate Notice 75.00 75.00 02/20/2010 short certificates 12.00 02/20/2010 inheritance tax return 15.00 02/20/2010 Inventory 15.00 02/20/2010 additional probate fee 200.00 02/20/2010 Family Settlement Agreement 20.00 03/25/2010 Petition for Grant of Letters Testamentary 60.00 03/25/2010 Will 15.00 03/25/2010 Renunciation 5.00 03/25/2010 short certificates 8.00 03/25/2010 JCS Fee 23.50 03125!2010 Automation Fee 5.00 s 5 ~ SCHEDULE C DISBURSEMENTS OF PRINCIPAL Continued 378.50 Register of Wills of Butler County 03/25/2010 commission for Cumberland County The Sentinel 03/25/2010 Estate Notice Total Miscellaneous Administrative Expenses Federal, State and Local Taxes Register of Wills. Agent 02/20/2010 02/20!2010 Pennsylvania Inheritance Tax Total Taxes Fees Dillon McCandless King Coulter 8< Graham L.L.P. 02/20/2010 Total Fees TOTAL DISBURSEMENTS OF PRINCIPAL 25.00 251.26 25.00 251.26 729.76 6,000.00 2,417.58 8,417.58 8,417.58 1,800.00 1,800.00 1,800.00 23,467.73 -s- SCHEDULE D DISTRIBUTIONS OF PRINCIPAL St. Paul Roman Catholic Church 02!20/2010 St. Paul Roman Catholic Church 1, 960.35 1,960.35 TOTAL DISTRIBUTIONS TO BENEFICIARIES 1,960.35 -5- DILLON MCCANDLESS KING COULTER & GRAHAM L.L.P. ATTORNEYS AT LAW THOMAS W. KING, 111 I28 WEST CUNNINGHAM STREET CRANBERRY OFFICE: JAMES P. COULTER PENNSYL~IANIA 16001 BUTLER 800 CRANBERRY WOODS DR., STE. 100 , DONALD P. GRAHAM CRANBERRY TWP., PA 16066 MARY JO DILLON (724) 283`2200 (724) 776-6644 MICHAEL D. HNATH FACSIMILE (724) 283-2298 FACSIMILE (724) 776-6608 MATTHEW R MARSHALL THOMAS E. BRETH ANDREA C. PARENTI RONALD T. ELLIOTT MICHAEL K. ENGLISH DAVID M. HOWES H. WILLIAM WHITE [II December 29, 2010 ALAINA M. YOUNG PATRICK V. HAMMONDS Glenda Farner Strasburgh Register of Wills and Clerk o, f the Orphans 'Court Cumberland County Courthouse ~ f . ~~ c~ ~-:' 1 Courthouse Square -~' :~. - ~_ _. --x~"' ~ Y 1 ~ Room 102 ~ . j ~,~~ r? yh. ~ ~ ' ~' ~ Carlisle, PA 17013 _J , ~ ~, _ c. . --., ~ ~~ ~ ~~ -~-, RE: ESTATE OF ESTHER B. KERR ` ` = ~ :~ - ~~~ Estate Number 21-10-0302 _ : ~~'~' `~' `-'a`' . _~~ '~' ~ `~' w~- ~ Date of Death: 02120/2010 ;., .... ~:.~ ~ -~.., Dear Ms. Farner Strasburgh, Enclosed please find the Family Agreement for the above referenced estate along with a check made payable to Register of Wills in the amount of $20.00. Also enclosed please find a Status Report for the estate. Please file both documents and time stamp the extra copies and return them to me in the enclosed envelope. If you require anything further please do not hesitate to contact me. Your courtesies are very much appreciated. Very truly yours, Mary o D' n cc: Thomas S. 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