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HomeMy WebLinkAbout01-20-11 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Emo9ene W. Truxai File Number 21 -11- aQ /~ also known as Frances Emoaene Tru~xal or Frances Emoaene Whitacre Truxai ,Deceased Social Security Number J. Avonelfe Whitacre 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 personal Representative named in the last Will of the Decedent, dated 0R/30/20~5 and codicil(s) dated Nenp State relevant circumstances, e.g., renunciation, death of executor, etc. After the execution of the documents offered for probate: Decedent did not marry; was not divorced; was not a party to a pending divorce proceeding wherein grounds for divorce had been established as provided in 23 Pa. C.S.A. § 3323 (g); did not have a child born or adopted; was not the victim of a killing; and was never adjudicated an incapacitated person, except as follows: ^ B. Grant of Letters of Administration ~ (If applicable, enter: c.t.a.; d.b.n.c.t.a.; pedente liter durante absentia; durante minontate) 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 on Section A above and complete list of heirs); was not the victim of a killing; was never adjudicated an incapacitated person; and was not a party to a pending divorce proceeding wherein grounds for divorce had been established as provided in 23 Pa. C.S.A. § 3323 (g), except as follows: r..~ ~ eeu® Name Relationship Residence ; ._ ..~. - := ; J~? ~ _ ~ _ _.i __ y '-._, l - ~.~ ~.-, ... I...,, ' ~ -_ -~ ~~. `' ` T (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled a~_death in Cun County, Pennsylvania with his /her last principal residence at . Carlisle, Middleton Township, Cumberland, PA 17015 (List street address, town/city, township, county, state, zip code) Decedent, then ~_ years of age, died on 01/05/2011 at Cumberland Crossings Retirement Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ 25,000.00 (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: 215 East Hill Crest Drive, Carlisle, Cumberland County, PA, 17013 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 J. Avonelle Whitacre 120 West Willow Street ,r Carlisle, PA 17013 i Form RW-OZ Rev. 12-26-2006 (interim form, pending action by the Court) Copyright (c) 2010 form software only The Lackner Group, Inc. 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 f, r /, ~ before me this ~ ~`~ day of ~~~ ru ~~ll _~,.~_ of Personal Representative ~onelle Whitacre Signature of Personal Representative .,, Signature of Personal Representative ~ - ~' Fdr the register ,`~ ~ ~"'~ °~ ~, . _ ,..~~ ~ -...> . ,, .~_ -... .l I i_ _ _T., ~}p . r 3 ,~.~` -. ... ..... 1 y t ~~'1 1!^'a ,l !_ ~ ~ _ _ :...3 ~~ File Number: 21-11 - - ~J ~ Estate of Emogene W. Truxal ,Deceased Social Security Number: 191-20-0294 /`~Da/te of Death: 01/05/2011 AND NOW, ~ CJ ` , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS CREED that Letters Testamentary are hereby granted to .1. Avonelle Whitacre in the above estate and that the instrument(s) dated 08/30/2005 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. FEES ~~ ~~ G, Letters .......................................... $ ~~ Short Certificate(s)............ ,........ $ ~~ enunciation(s) ............................ $ $ $ $ $ $ C - TOTAL ................................... $ f ( J f f Mechanicsburg, PA 17055 , Telephone: 717-697-3223 Form Rw ~2 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 2 of 2 Supreme Court I.D. No.: 76057 Keystone Elder Law P.C. Address: 555 Gettysburg Pike Suite C-100 r Last Will ancfl Testarrnent of ~I~OGEI~TE . ~I~iJL I, EMOGENE W. TRUXAL a/k/a FRANCIS EMOGENE WHITACRE TRUXAL, having my legal residence at 215 East Hill Crest Drive, Carlisle, Cumberland County, Pennsylvania, 17013 do declare this to be my Last Will and Testament, revoking all my previous wills and codicils. WITNESSETH: FIRST: I declare that I am widowed and that I have no children born to me. SECOND: I appoint my sister, J. AVONELLE WHITACRE, or in the event she is unable or unwilling to serve, I appoint my niece, LEE ANN ZABLINSKI, to be my Personal Representative. A. No bond or undertaking shall be required of any Personal Representative nominated in my will. B. My Personal Representative(s) shall have full authority to administer my estate under the laws of the Commonwealth of Pennsylvania relating to the powers of fiduciaries. My Personal Representative shall have the power to administer my estate under the Independent Administration of Estate Act. THIRD: I give all of my property of whatever nature and kind and wherever located to my revocable living trust of which I am the Settlor known as the EMOGENE W. TRLTXAL LIVING TRUST dated May 29, 1996 as amended and restated on August 30, 2005. A. If my revocable living trust is not in effect for any reason, I give all of my property to my Personal Representative under this will as Trustee who shall hold, administer and distribute my property as a testamentary trust the provisions of which are identical to those of my revocable living trust on the date of execution of my Will. c7 :_~ FOURTH: The term "death taxes," as used in my Will, shall.ean all T-~M inheritance, estate, succession and other similar taxes that are payable by any; ~`~@~ one account of that person's interest in the estate of the decedent or by reason of the ~~nt'sn.~ death includin enalties and interest. ~==T `~~` :.~ ~' .- . -- -' - r7 _:~ ~...~ ~' s r -~ S ~"; ~...y...~ ~-~ J ~- ~, ~ •~, 'tom -_-, - g _~~ ~~~ ~T'3 ~~ d ";"? A. Pursuant to the terms of my revocable living trust, all death taxes whether or not attributable to property inventoried in my probate estate shall be paid by the Trustee from that trust. However, if that trust does not exist at the time of my death or if the assets of that trust are insufficient to pay the death taxes in full, I direct my personal representative to pay any death taxes that cannot be paid by the trustee from the assets of my probate estate by prorating and apportioning those taxes among the beneficiaries of this Will. B. Notwithstanding any other provision in my trust, all death taxes incurred by reason of assets transferred outside of my trust or probate estate shall be assessed against those persons receiving such property. FIFTH: If any person or entity other than me singularly or in conjunction with any other person or entity directly or indirectly contests in any court the validity of this Will including any codicils thereto, then the right of that person or entity to take any interest in my estate shall cease and that person or entity shall be deemed to have predeceased me. SIXTH: Should any of the provisions of my Will be for any reason declared invalid, such invalidity shall not affect any of the other provisions of this Will and all invalid provisions shall be wholly disregarded in interpreting this Will. SEVENTH: This Will shall be construed, regulated and governed by and in accordance with the laws of the Commonwealth of Pennsylvania. I, EMOGENE W. TRLTXAL signed this, my last Will and Testament consisting of two (2) pages plus the witness page and Acknowledgements, Affidavits and Certification on August 30, 2005. ~• ~~ EMOGENE W. TR a/k/a FRANCIS EMOGENE WHITACRE TRUXAL The foregoing Will was, on the day and year written above, published and declared by EMOGENE W. TRLTXAL in our presence to be her Will. We, in her presence and at her request, and in the presence of each other, have attested the same and have signed our names as attesting witnesses. We declare that at the time of our attestation of this Will, EMOGENE W. TRUXAL was, according to our best knowledge and belief, eighteen (18) years of age or older, of sound mind and memory and under no undue duress or constraint. WITNESS 2 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND I, EMOGENE W. TRUXAL, the Testatrix whose name is signed to that attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed this instrument on August 30, 2005, as my last Will and Testament; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. ~~ EMOGENE W. TI~JXAL, Testatrix alkla FRANCIS EMOGENE WHITACRE TRUXAL Sworn or affirmed to and acknowledged before me by EMOGENE W. TRUXAL, a/k/a FRANCIS EMOGENE WHITACRE TRUXAL, the Testatrix, on August 30, 2005. 3 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND UWe, the undersigned witnesses} whose name(s) is/are signed to the attached or foregoing instrument, being first duly qualified according to law, do depose and say that Uwe were present and saw EMOGENE W. TRUXAL a/k/a FRANCIS EMOGENE WHITACRE TRUXAL, the Testatrix, sign and execute the instrument as her Last Will and Testament; that she signed willingly and that she executed it as her free and voluntary act for the purposes therein expressed; that I (each of the us) in the hearing and sight of the Testatrix signed the said Will as a witness; and that to the best of mylour knowledge the Testatrix was at that time eighteen years of age or older, of sound mind and under no constraints or undue influence. WITNESS - WITNESS Sworn or affirmed to and acknowledged before me by ~ ~~•~•~~~ ~~4~'ac~~--- and ~"-" ,the witnesses, on August 30, 2005. 4 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ~ a ~ ph • n On S e Pf em b c r 4 2005, before me the undersigned officer, personally appeared ROBERT P. GRUBB, Esq. (Pennsylvania Supreme Court ID No. 76057), known to me or satisfactorily proven to be a member of the bar of the highest court of Pennsylvania and certified that: 1. He was personally present when the foregoing acknowledgment and affidavit were signed by the Testatrix, EMOGENE W. TRUXAL a!k/a FRANCIS EMOGENE WHITACRE TRUXAL and the witness(es); and 2. He was one of the witnesses whose names are signed to the attached or foregoing instrument, and that being duty qualified according to law, did depose and say that he w was present and saw EMOGENE W. TRUXAL alk/a FRANCIS EMOGENE WHITACRE TRUXAL, the Testatrix sign and execute the instrument as her Last Will; that the Testatrix signed willingly and executed it as her free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the Testatrix signed the will as a witness; and that to the best of his knowledge the Testatrix was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. IN WITNESS HEREOF, I hereunto set me hand and official seal. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mona C. Reinhard, Notary Public HaGFax Twp., Dauphin County My Commission Expires Oct. 4, 2008 Member, Pennsylvania Association Of Notaries 5 C7 _ C~ ~> >:~ _r_ t:. OATH OF SUBSCRIBING WITNESS(ES) -; , `~ ` ~P _ " ~, .~ -~ ~ ~ , ~. s REGISTER OF WILLS _ ~ _. r _; ;, _ ~ - : _ C~~~~~ COUNTY, PENNSYLVANIA ._ , '_1 - ~~ Estate of Mo ~nC'- ~ ~ ~ 2~~~-1 ~'~- \~ ~ (Z ~~~-s ~~c ~~~ .~Q ~'~`'`~-; deceased ~VOc~,~~~~ ~t~~ ~~.~ ~~~~'~~ ~~~'~~ , (each) a subscribing witness to (Print Name/s) the ^ Will ^ Codicil(s) presented herewith, (each) being duly qualified according to law, depose(s) and say(s) that she / he /they was /were present and saw the above Testator /Testatrix sign the same and that she / he /they signed the same and that she / he /they signed as a witness at the request of the Testator 1 Testatrix in her I his presence and in the presence, of each other. ' nature) 170 ~~ uJ, t l ~-~- . (Street Address) Lq,Q,~~s~'- ~~- C ? v 13 (City, State, Zip) Executed in Register's Office Sworn to or affirmed and subscribed before me this ~ ~~ day c1 eputy for Register of Wills ' ~'y~i C~ C Executed out of Register's Office Sworn to or affirmed and subscribed before me this day of , Notary Public My Commission Expires: (Signature and Seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission.) NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or copy of instrument(s) at time of notarization. Form RW-03 rev. 10.13.06 (Street Address) V /Gt~~~u~t~~~ ~~ ~ ~~ (City, State, Zip)