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HomeMy WebLinkAbout01-26-11PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of RFRF[;[:A 1= NEAL File Number 21 11 U also known as ,Deceased Social Security Number 202090248 Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' OR 'B' BELOW.) a 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 2/3/2010 and codicil(s) dated NONE (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, was never adjudicated incapacitated, and was not a party to a pending divorce proceeding at the time of death wherein grounds for divorce had been established as provided in 23 PA C.S. section 3323 (g): 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)r 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.) ~ T~ Name Relationshi R -~ - Ax. --~ r- ~ ~_ ,~:. • .. i,.r7 _ t ~.,. (COMPLETE INALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in SrUMBERLAND County, Pennsylvania, with his /her last principal residence at 1df1R PRINCFT(~N RI~_ MFCHBC~ HAMPDEN TWP PA 17050 (List street address, town/city, township, county, state, zip code) Decedent, then 90 years of age, died on 11/28/2010 at MANOR CARE HEALTH SERVICES 1700 MARKET STREET CAMP HILL PA 17011 Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ 102.000.00 (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: 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 ~„ . " 1 _ LORI A. NEAL Page 1 of 2 Form RW-O2 rev. 10.13.06 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 th Signature ofPerso~ Representative LORI A. NEAL day of before me the _ ~~ ~~ Signature of Personal Representative ° ~,~ ~- t~ : x~ __- f:a' s~:~ _ ~ Fcir the Register Signature of Personal Representative ` ~~ :~ C7 r^ ~' ~ ~ ~- t.. r-- - rn €~d~ ~,, -, ::~ _ , ~ ..., _~ wpm ~ J "+ ®' _' y ~F!"7~ ~~ ~ ~_t File Number: 21 '-" ' . ~-" ~ `i` l Estate of REBECCA I. NEAL ,Deceased C.: Social Security Number: 202090248 Date of Death: 11 /28/2010 AND NOW, ~ , in consideration of the foregoing Petition, satisfactory proof having been prese ed before me, I DECREED that Letters TESTAMENTARY are hereby granted to LORI A. NEAL in the above estate and that the instrument(s) dated 2/3/2010 ,~ described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of D edent. FEES v ~ ~ Registe~vf'G~'ills ~ Letters ............................. $ l Short Certificate(s) •,~. • • • $ ~ Q ~ Attorney Signature: $ ~ (, © Attorney Name: .~ rd • • • • $ ~ 24849 _Q Supreme Court I.D. No.: .... $ ..•. $ Address: 54 E. MAIN STREET "" $ MECHANICSBURG .... $ .... $ PA 17055 .... $ $ Telephone: 717-697-4650 a TOTAL ............................. Form RW-02 rev. 10.13.06 Page 2 of 2 ~ ,..... LAST WILL AND TESTAMENT r a -~ ,..1 tzi ~ ~ ~. r ,._ BE IT REMEMBERED THAT : ~ ~ ~_} .__. , . , _...,,.y ... _.._.. ,,...._.. - _.._ ..4 I, REBECCA I NEAL, a resident of Cumberland County, Penns lvar~;~ 4.~ ~~ Y _... being of sound mind, memory and understanding, do make, publish and declare this to be my LAST WILL AND TESTAMENT, hereby revoking any and all Wills and Codicils previously made by me. I I declare that I have three (3) grandchildren, JONATHON K. NEAL, MACKENZIE R. NEAL AND ANDREW E. NEAL. II I direct that all my just debts and funeral expenses shall be paid from my residuary estate as soon as practicable after my decease. III 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 a part of the expense of the administration of my estate. IV I give, devise and bequeath all my property, whether real or personal, wherever situate, including any property over which I may have a power of appointment, to my grandchildren, JONATHON K. NEAL, MACKENZIE R. NEAL AND ANDREW E. NEAL, in equal shares, pursuant to the terms of the hereinafter including Trust. V TRUST I appoint my daughter-in-law, LORI A. NEAL, as Trustee of the property that I have given to my grandchildren. A. The assets that are transferred to the Trust shall be divided into approximately equal shares for each of my grandchildren under the age of twenty-three (23) years of age. B. The Trust estate shall be administered until each grandchild reaches the age of twenty-three (23) years. Until that time, the Trustee shall apply all net income and principal of the Trust estate as follows: 1) So long as my grandchildren are under the age of twenty-three (23) years of age, the net income of the Trust shall be paid to or applied for the benefit of my grandchild at such times and in such amounts as the Trustee shall in his discretion deem necessary for his or her support, welfare, maintenance and education. Education shall be defined broadly to include not only that available in college, but also trade school and other similar training. In the event that the income shall be insufficient to provide my child with adequate maintenance, support, welfare or education, the Trustee may invade the principal of this Trust for this purpose. 2) The Trustee, in exercising her discretionary authority with respect to the payment of income or principal of the Trust estate to my beneficiary, shall take into consideration any income or other resources available to my grandchildren from sources outside of this Trust that may be known to the Trustee. The determination of the Trustee with respect to the necessity of making payments out of income or principal to my beneficiary shall be conclusive on all persons howsoever interested in the Trust. 3) The Trustee shall accumulate and add to principal any net income of the Trust not paid out in accordance with the discretion hereinabove conferred on the Trustee. 4) In the event a grandchild predeceases me or dies prior to the termination of this Trust, the interest of my grandchild in the Trust shall cease, except that if he or she is survived by any children, then the Trustee shall pay net income of the Trust to or apply the same for the benefits of such children of my deceased grandchildren, in such amount or amounts as the Trustee in her sole discretion may determine for support, welfare and maintenance. C. When my child reaches the age of twenty-three (23) years, a calculation of the property remaining in the Trust shall be made and the total thereof shall be distributed to him or her. D. My grandchildren, as beneficiaries of this Trust, shall not have any right to alienate, encumber, or hypothecate his interest in the principal or income of the Trust in any manner, nor shall any interest be subject to claims of his or her creditors or liable to attachment, execution or other process of law. E. In order to carry out the purposes of this Trust established by this Will, the Trustee, in addition to all other powers granted by this Will or by law, shall have the following powers over the Trust estate, subject to any limitation specified elsewhere in this Will: 1) To retain any property received by the Trust estate for as long as the Trustee considers it advisable. 2) To spend funds for the maintenance and repair of real property. 3) To sell at public or private sale, exchange or lease for a period of time any real or personal property and give options for sale of the lease. 4) To execute and deliver any deeds, leases, assignments or other instruments as may be necessary to carry out the provisions of this Trust. 5) To borrow money and to mortgage or pledge any real or personal property. 6) The Trustee shall maintain accurate records and accounts and shall render statements to my beneficiary hereunder showing receipts and disbursements of principal and income no less frequently than annually. The Trustee shall serve without bond and shall receive fair and reasonable compensation for administration of this Trust. 7) To distribute property in kind. 8) To do all other acts that are in his/her judgment necessary or desirable for the proper management, investment and distribution of the Trust estate. VI I nominate, constitute and appoint my daughter-in-law, LORI A. NEAL as Executrix of this LAST WILL, to serve without bond. IN WITNESS WHEREOF, I, REBECCA I. NEAL, have set my hand to this LAST WILL this ~ day of~ ~- , 2010. ~~~ v( ~=~r' REBECCA I. NEAL Signed, sealed, published and declared by the above-named REBECCA I. NEAL, as and for her Last Will and Testament, in the presence of us, who, at her request and in her presence, and in the presence of each other, have hereunto subscribed our names as witnesses. ~l a% - ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. I, REBECCA I. NEAL, Testatrix, whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my LAST WILL; that I signed it as my free and voluntary act for the purposes therein expressed. ~~ ~~ ~" R ~ /+ Notary Public NO?ARtAt. SEAL AFFIDAVIT DIANE M SMttH Notary Pubttc ty1ECHANICSBURG BOROiresnJunR~ ZU~ ~LTH OF PENNSYLVANIA My Commtsston Exp °~ '~ Swornr ffirmed to and acknowledged before me this ,...~ day of u cz,~. , 2010. ~~r~ ~~ REBECCA I. NEAL Sworn or affirmed to and acknowledged before me by REBECCA I. NEAL, Testatrix, this ~,~,~ , day of ~..c~jj^~~ ~ , 2010. SS. COUNTY OF CUMBERLAND -~ ~~// l~ ~G'L ~~ ~~ and c~S ~ ~1(~ I ~ ~~L Y~ We, ~ ~~ L~~ ~ Vn the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw Testatrix sign and execute the instrument as her LAST WILL, that REBECCA I. NEAL signed willingly and that she executed it as her free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testatrix signed the Will as witnesses; and that to the bes~~ our knowledge, the Testatrix was at the time 18 years of age or more,, of so - d mind and under no constraint or undue influence. ~ i~ l y, ~I<~~ ~'~~- --~ Notary NOTARIAL. SEAL DIANE M SMITH Notary Public MECHANICSSURG l30R0, CUMBERt.ANO CNTY My Commission Expires Jun 22, 2012