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HomeMy WebLinkAbout02-18-11PETiTiON FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND Estate of Barbara J. Boak also known as COUNTY, PENNSYLVANIA File Number 21-11 °'" ~ ~..~, ,Deceased Social Security Number Beth R. Perkins 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 named in the last Will of the Decedent, dated 01/11/2011 and codicil(s) dated 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 Admiinistration (lfapplicable, enter: c.t.a.; d.b.n.c.t.a.; pedente 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 I;if any) and heirs (if Administration, c.f.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 kllling; 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: Name Relationship Residence ~ O ---- -. , .' .f .~ ~..r~ ry` .) J r~ 'tj _. - ' t i ~ ~ _. l.i ~) ~ ~ .~. ~~ _. l ~,~~ .~ -. , . • ~ ~ 1 ` ... ,~ ~ ~ (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. -~ .i=~" ~~ ~ ~~ ~: Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at 1100 Crandon Way, Mechanicsburg, Mechanicsburg, Cumberland, PA 17055 (List street address, town/city, township, county, state, zip code) Decedent, then ~_ years of age, died on 02/14/2011 at Loyalton at Creekview, Cumberland County, PA Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ 100,000.00 (If not domiciled in PA} Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $ 227,520.00 situated as follows: 659 Asper Hill Rd., tuscarora Township, Perry County, PA 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 Beth R. Perkins 415 Chestnut St. .~~ ~L ~~. ~~,~~~~~ Marysville, PA 17053 Form RW-O~ Rev. 12-26-2010 (interim form, pending action by the Court) Copyright (c) 2006 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 afi'irmed and subscribed ~ ~~-'L` `~ t ~ Signature of Personal Represen ative Beth R. Perkins __ T before me this ` day of ~ _-~_ V / f ~ Q -r. --~-, .r Signature of Personal Representative r ~~ r--~+fi~ i Fo, the Register Signature of Personal Representative a ~ J C~ , ;~ '~ '--~ ~ File Number: 21-11 °~ ~„ J~.~p Estate of Barbara J. Boak ,Deceased Social S curit Number: 172-32-1425 /( Date of Death: 02/14/2011 AND NOW, v , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT I ECREED that Letters Testamentary are hereby granted to Beth R. Perkins in the above estate and that the instrument(s) dated 01/11/2011 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent FEES Letters .......................................... $ 360.00 Short Certificate(s) ....................... $ 48.00 Renunciation(s) ............................ $ Automation Fee $ 5.00 JCS Fee $ 23.50 Inventory $ .~S,sg_ Inheritance Tax $ 1.6.E Will $ 15.00 Exemplif. of Ltrs. $ 40.00 $ , TOTAL ................................... $ 8-- Att Att Harrisburg, PA Telephone: 717-540-4332 Form RW-02 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 2 of 2 Supreme Court I.D. No.: 68003 Hazen Elder Law Address: 2000 Linalestown Road Suite 202 i C7 / ~ ~- ~ .....1 aw-v.. . JlrJ w-++ _t ~~'j 1 -- tom.` k i -y l. / \ 't- ' . y LAST WILL AND TESTAMENT ~:~ ~~ v; ~ _. ~ C"~ c.._~ ,~;} ~. _-~ . , ~~ ~ BARBARA J. BOAK ~'~~~ I, BARBARA J. BOAK, now domiciled in Cumberland County, Pennsylvania, declare this to be my Last Will and Testament. I revoke all other wills and codicils that I may have previously made. Article I My just debts and expenses of my last illness, funeral, and administration of my estate shall be paid by my Executor from the principal of my residuary estate as soon as practicable after my death. Article II All inheritance, estate, and succession taxes (including interest and penalties thereon, but not including any generation skipping tax) payable by reason of my death shall be paid out of and be charged generally against the principal of my residuary estate without reimbursement from any person. This provision is not a waiver of any right which my Executor has to claim reimbursement for any such taxes which become payable as the result of any property over which I have the power of appointment. I give, devise and bequeath my tangible personal property in accordance with any memorandum I have handwritten or signed, located with my will or with my valuable papers and found within thirty (30) days of the probate of my will. Gifts may only be to persons who survive me or to organizations which exist at my death, and if there is a conflict, the memorandum having the latest date shall govern. To the extent no such memorandum is found, or all of my tangible personal property is not disposed of pursuant thereto, my tangible personal property shall be added to my residuary estate and pass under Article IV hereof. Article IV All the rest, residue and remainder of my estate, of whatsoever nature and wheresoever situate, I give, devise and bequeath as follows: A. SIXTY-FIVE (65%) PERCENET to my sister, BETH R. PERKINS, of Marysville, Pennsylvania, per stirpes; and B. THIRTY-FIVE (35%) PERCENT to be equally divided and distributed to my siblings, including Beth R. Perkins, who survive my death by thirty (30} days. In the event a sibling fails to survive me by thirty (30) days, his or her share shall be divided and distributed to my remaining siblings. Article V It is my intent that all life insurance, annuities, individual retirement accounts and any other assets in which I may designate a beneficiary will pass to the beneficiary that I have named and will not be controlled by the provisions of this Will. It is also my intent that any assets I own jointly with another with rights of survivorship or a presumed right to survivorship which such joint ownership was created before or after this Will, will pass to the surviving joint owner and will not be controlled by the provisions of this Will. 2 Article VI I nominate, constitute and appoint my sister, BETH R. PERHINS, of Perry County, Pennsylvania as Executrix of my Last Will and Testament. In the event of the renunciation, death, or inability to act, for any reason whatsoever of my Executrix, I nominate, constitute and appoint my brother, DAVID ZIMMERMAN, as successor Executor of my Last Will and Testament. I direct that my Executrix or successor Executor be permitted to serve without bond. In addition to those powers granted by law, I grant them power to distribute in cash or in kind, in like or in unlike shares, and to file any qualified disclaimer I could have filed if living. My Executrix or successor Executor shall receive reasonable compensation for services rendered to my estate. Article VII In addition to the powers conferred by law, I authorize my Executrix or successor Executor, in her/his absolute discretion: (a) to retain in the form received and to sell either at public or private sale, any real estate or personal property except that which I specifically bequeath herein, (b) to manage real estate, (c) to invest and reinvest in all forms of property without being confined to legal investments, and without regard to the principal of diversification, (d) to exercise any option or right arising from the ownership of investments, (e) to compromise claims without court approval and without consent of any beneficiary, (f) to file any federal income tax return for any year for which I have not filed such return prior to my death, 3 (g} to make distributions in cash or in kind, or in both, and to determine the value of any such property, (h) to employ any attorney, investment advisor, or other agent deemed necessary by my Executrix or successor Executor; and to pay from my estate reasonable compensation for all their services, (i) to conduct alone or with others, any business in which I am engaged in, or have an interest in at time of my death, (j) to disclaim, in whole or in part, any property or interest therein which passed to me or which was created for my benefit, for any reason in the discretion of my Executrix or successor Executor, and (k) to receive reasonable compensation in accordance with the standard schedule of fees in effect while their services are performed. IN WITNESS WHEREOF, I, BARBARA J. BOAK, hereby set my hand to this my Last Will and Testament, on~``~- ~% , 2011, at Harrisburg, Pennsylvania. ~~ ,~ ,~ ~F ~ y....~•'~~„. BARBARA J. BO,/A In our presence, the above-named BARBARA J. BOAK signed this and declared this to be her Last Will and Testament and now at her request, in her presence, and in the presence of each other, we sign as witnesses. Name .,~ ,. Address r j 1~~ n .t ~ a. ~ 1~~°~c 4 I, BARBARA J. BOAK, Testatrix, who signed the foregoing instrument, having been duly qualified according to law, acknowledge that I signed and executed this instrument as my Will, and that I signed it willingly as my free and voluntary act for the purposes therein expressed. Sworn to or affirmed and Acknowledged before me by BARBARA J. BOAK, the Testatrix on ~'1 ~.~~ caw 11 , 2011. ., { 1~ ~1L ~ Notary Public NOTARIAL SEAL NICOLE M KERNS Notary Public SUStlUEHANNA TWP, OAUPHIN COUNTY My Commission Expires Nov 29, 2014 ;~,,~ ~ '~f BARBARA J. BOAK , We, the undersigned witnesses who signed the foregoing instrument, being duly qualified according to law, depose and say that we were present and saw the Testatrix sign and execute this instrument as her Will; that she signed and executed it willingly as her free and voluntary act for the purposes therein expressed; that each of us in her sight and hearing signed the Will as witnesses, and that to the best of our knowledge, that she was at that time eighteen (18) years or more of age, of sound mind, and under no constraint or undue influence. Sworn to or affirmed and Subscribed to before me by and witnesses, on ,.._ t~+n ~ ~ /~ , 2011. ~~^ ; ~ ~~ i ness ~ (~~ Notary Pu lic NOTARIAL SEAL NICOLE M KERNS Notary Public $U$QU£MANNA TWP, DAUPHIN COUNTY Glly f~pmmi~sian Expires Nov 29, 2014 5 Witness