HomeMy WebLinkAbout08-02-11PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND
Estate of Albert W. Braid
also known as
Deceased
COUNTY, PENNSYLVANIA
File Number ~l l ~ l "" ~ L~
Social Security Number 297-01-9758
Michael E. Braid
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 executor
last Will of the Decedent dated October 24, 2007 and codicil(s) dated
named in the
(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 and was never adjudicated an incapacitated person: and was not a party to a pending divorce proceeding
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
~} PA C.S. section 3323 Cg).
® B. Grant of Letters of Administration
(lfapplicable, enter: c.t.a.; d. b. n. c.r.a.; pendente life; 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) aqd heirs: (/f
Administration, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) C7 -~ -~~
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(COMPLETE INALL CASES:) Attach additional sheets if necessary. ~ ~ •~~ rr ~ '-`~
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Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at r°', ~'
Green Ridge Village 210 Big Spring Road Newville West Pennsboro Township Cumberland County PA 17241
(List street address, to>,~n/city, township, county, state, =ip code)
Decedent, then 93 years of age, died on June 4, 2011 at Green Ridge Village, 210 Big Spring, Road, Newville, PA
17241
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $ 75,000.00
(If not domiciled in PA) Personal property in Pennsylvania $
(If not domiciled in PA) Personal property in County $
Value of tea] estate in Pennsylvania $
situated as
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:
~~ ~ Michael E. Braid, ]3021 Pinehill Drive, Hagerstown, MD 21740
Form RW-02 rev. 10.!3.06 P1~0 I 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 cr affirmed and subscribed
before me the _ c~ _ day of
~ I
-~ ~ t
For the Register
Signature of Persona! Representative
Signature of Personal Representative
Signature of Personal Representative ,C' r„~
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File Number: ~ ~- l ` ~ "~~ rV ~~
Estate of Albert W. Braid ,Deceased
Social Security Number: 297-O1-9758 Date of Death: June 4, 2011
AND NOW, ~~~ ae~ t~, in consideration of the foregoing Petition, satisfactory proof
having been presented be re me, IT IS DECREED that Letters Testamentary
are hereby granted to Michael E. Braid
in the above estate
and that the instrument(s) dated October 24, 2007
described in the Petition be admitted to probate and filed of record as the last Wi~ll/(and Codicil(s))~of Decedent.
FEES ~Y1C~_G ~.7C.(Jl'1 Q,~ ~r)'~Y~ ~>' ~~~`~-~
Letters ............... $ 135.00 Re i ~ ~'1 ~-~ #~~~
20.00 -
Short Certificate(s) ........ $ Attorney Si ure:
Renunciation(s) .......... $
Will $ 15.00 Attorn __..~__~---~ S. c:hildezs
... $ Supreme Court I.D. No.: 307404 ~~ __
$ Address: 2005 East Main Street
... $
.. , $ Waynesboro, PA 17268
... $
... $
Automation fee $ 5.00 717-762-1032
Telephone:
JCS fee $ 23.50
TOTAL .............. $ 198.50
Form RW-02 rev. 10.13.06 Page 2 Of
)nls_ons Rrv.~uln
This is to certify that this is a true copy of the record which is o^ file in the Pennsylvania Department of Health, in accordance with
the Vital Statistics Law of 1953, as amended.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Marina O'Reilly Matthew
Acting State Registrar
6274289
No.
~V H105-143 REV 1112008
TYPE /PRINT IN
PERMANENT
BLACK INK
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Date
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COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS ~~~'`~ "'r"!
CERTIFICATE OF DEATH '~~ LL7
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1. Nerve of Deceeent (First, midde, last. sulfixl 2. Sex 3. Sadal Security Number m of Daam (M°mh, tlay, lRrr1
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16 DecebnYS Meikng Atltlress (Street, city /bon, slate, zip coda) Decedent's Ditl Decedent W e s t P e n n s b o r o
Daceeent Lived b Twp.
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210 Big Spring Road ,
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C umb e r l ~ ~ Township? 1 ]tl ^ No Decedent LivM within
Newville, PA 17241 17bCointy ""°a'L'""m°' ~/aom
Femefs Nerve (FireL mtlde, lest, suffix)
18 19. Momela Noma (Rrst, midtlia, maiden wmame)
.
Warren Braid Emma Ford
20a ImormaM'a Nama (Type !Print)
Michael Braid 20b IMOrmanl's Mailb Actress (Stmt coy I lows, slam, zip coo)
13021 gPinehill Dr. Hagerstown, MD 21740
z,e.MamoadDispoain°n ^Crwnadm ^Darratlan 2, b. Data °tDlapanimpkdn,dav,earl ~~ldiaa~i~owrid`t a~a~~~°"i~nal 21~~nrivirylle,a~~'AI 17003
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~•` FD 13895 L 15 Big S rim Ave. Newville, PA 17241
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dour -®ber ~i[Y
of
Albert W. Braid
I, Albert W. Braid, a resident of New Haven County, Connecticut, revoke any
prior wills and codicils made by me and declare this to be my Pour-Over Will.
Article One
Family Information
I have three children. Their names are: ~ ~~~
~~ ~~_ ~-,
Michael E. Braid, ~=' T~ ' ~'
p `-> r-n ,
George A. Braid, and G ~ ~ r,
Robert W. Braid. _ - = -
~~.a ~~
All references in my will to "my children" are references to these children. `~ ~.-- ~'~ ~
Article Two
Distribution of My Property
Section 2.01 Disposition of Tangible Personal Property
I direct that my Executor shall distribute my tangible personal possessions according to a
separate "Personal Property Memorandum" or other similar writing, which shall be
signed by me and kept with my personal records. It is my intent that such writing
qualifies to distribute my tangible personal possessions under applicable state law. If
such writing is not found at the time of my death, or ruled an improper disposition, this
bequest shall lapse and my tangible personal possessions shall become part of my living
trust. If any items of tangible personal property I happen to own are not mentioned in
such list, such items shall become part of my living trust. If any such gift shall lapse,
then such items shall become part of my living trust.
Pour-Over Will of Albert W. Braid
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Section 2.02 Pour-Over to My Living Trust
All of my probate estate, excluding any property over which I might have a power of
appointment., and after payment of expenses and taxes which are paid pursuant to this
will, I give to the then acting Trustee of the Albert W. Braid Living Trust dated October
24, 2007 and executed prior to this will, to be added to the property of that trust. I direct
that the Trustee administer the property as provided in the trust agreement and any
amendments prior to my death.
Section 2.03 Alternate Disposition
If the trust referred to in Section 2.02 is not in effect at my death or if for any other
reason the pour-over cannot be accomplished, I specifically and completely incorporate
the terms of the trust into this will by reference. In such a situation, I direct my Executor
to establish a trust in accordance with the provisions of such trust and give the remainder
of my estate, excluding any property over which I might have a power of appointment, to
the Trustee of said trust to be administered as provided in the trust agreement.
Article Three
Designation and Succession of Fiduciaries
Section 3.01 Executor
I nominate Michael E. Braid as my Executor. If Michael E. Braid fails or ceases to act as
my Executor, I nominate the following as my successor Executors in the order named:
George A. Braid; and then
Robert W. Braid
Article Four
Powers of Fiduciaries
Section 4.01 Grant
My Executor may perform every act reasonably necessary to administer my estate and
any trust established under my will.
Pour-Over Will of Albert W. Braid
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Specifically, my Executor may exercise the following powers: hold, retain, invest,
reinvest, sell, and manage real or personal property, including interests in any form of
business entity including, but not limited to, limited partnerships and limited liability
companies, and policies of life, health and disability insurance, without diversification as
to kind, amount or risk of non-productivity and without limitation by statute or rule of
law. My Executor may partition, sell, exchange, grant, convey, deliver, assign, transfer,
lease, option, mortgage, pledge, abandon, borrow, loan and contract. My Executor may
distribute the assets of my estate in cash or kind or partly in each at fair market value on
the date of distribution, without requiring pro rata distribution of specific assets and
without requiring pro rata allocation of the tax bases of such assets. My Executor may
hold in nominee form, continue businesses, carry out agreements and deal with itself,
other fiduciaries and business organizations in which my Executor may have an interest.
It may establish reserves, release powers, and abandon, settle or contest claims. It may
employ attorneys, accountants, custodians of the trust assets, and other agents or
assistants as deemed advisable to act with or without discretionary powers and
compensate them and pay their expenses from income or principal or both.
Section 4.02 Powers Granted by State Law
In addition to all of the above powers, my Executor may, without prior authority from
any court, exercise all powers conferred by my will or by common law or by the
Connecticut Fiduciary Powers Act, Connecticut General Statutes, Section 45a-234 or
other statute of the State of Connecticut or any other jurisdiction whose law applies to my
will. My Executor shall have absolute discretion in exercising these powers. Except as
specifically limited by my will, these powers shall extend to all property held by my
fiduciaries until the actual distribution of the property.
Section 4.03 Distribution Alternatives
My Executor may make any payments under my will:
Directly to the beneficiary;
In any form allowed by applicable state law for gifts or transfers to minors
or persons under disability;
To the beneficiary's guardian, conservator or caregiver for the benefit of
the beneficiary; or
By direct payment of the beneficiary's expenses.
A receipt by the recipient for any such distribution, if such distribution is made in a
manner consistent with the proper exercise of my fiduciaries' duties hereunder, shall fully
discharge my fiduciaries.
Pour-Over Will of Albert W. Braid
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Article Five
Administrative Provisions
Section 5.01 Court Proceedings
If any trust is established under my will that trust shall be administered in a timely and
efficient manner consistent with its terms, free of active judicial intervention and without
order, approval or other action by any court. It shall be subject only to the jurisdiction of
a court being invoked by the trustees or other interested parties or as otherwise provided
by law.
Section 5.02 No Bond
I direct that no fiduciary shall be required to give. any bond in any jurisdiction, and if,
notwithstanding this direction, any bond is required by any law, statute, or rule of court,
no sureties be required.
Section 5.03 Compensation
Any fiduciary under this instrument shall be entitled to reasonable compensation
commensurate with services actually performed and to be reimbursed for expenses
properly incurred.
Section 5.04 Ancillary Fiduciary
In the event ancillary administration shall be required or desired and my domiciliary
Executor is unable or unwilling to act as an ancillary fiduciary, my domiciliary Executor
shall have the power to designate, compensate, and remove the ancillary fiduciary. The
ancillary fiduciary may either be a natural person or a corporation. My domiciliary
Executor may delegate to such ancillary fiduciary such powers granted to my original
Executor as my Executor may deem proper, including the right to serve without bond or
surety on bond. The net proceeds of the ancillary estate shall be paid over to the
domiciliary Executor.
Pour-Over Will of Albert W. Braid
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Article Six
Taxes, Claims and Expenses
Section 6.01 Payment of Death Taxes, Claims and Expenses
The Trustee of the trust referred to in this will is authorized to pay my funeral and burial
expenses, claims against my estate, and expenses of estate administration. Accordingly, I
direct my Executor to consult with the Trustee to determine which such expenses and
claims should be paid by my executor from property passing under my will, and which
such expenses and claims should be paid by the trustee from the trust.
I direct my Executor to follow any instructions contained in the Albert W. Braid Living
Trust in making any tax election, including, but not limited to, the allocation of m_y GST
Exemption. I direct that the taxes imposed by reason of my death upon property passing
under and outside my will be apportioned and paid in the manner provided in the Albert
W. Braid Living Trust, and I incorporate the tax apportionment provisions of the Albert
W. Braid Living Trust as part of my will.
In no event shall any of such taxes be allocated to or paid from property which is not
included in my gross estate for federal estate tax purposes or which qualifies for the
federal estate tax charitable deduction.
Section 6.02 Tax and Administrative Elections
My Executor may exercise any available elections under any applicable income,
inheritance, estate, succession, or gift tax law. This authority specifically includes the
power to select any alternate valuation date for death tax purposes and the power to
determine whether any or all of the administration expenses of my estate are to be used as
estate tax deductions or as income tax deductions, and no compensating adjustments need
be made between income and principal as a result of such determinations unless my
Executor shall determine otherwise, in the discretion of my Executor, or unless required
by law.
My Executor shall not be liable to any beneficiary of my estate for tax consequences
occasioned by reason of the exercise or non-exercise of any such elections or by reason
of the allocation and distribution of property in kind in full or partial satisfaction of any
beneficiary's interest in my estate.
Pour-Over Will of Albert W. Braid
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Article Seven
General Provisions
Section 7.01 Applicable Law
The validity and construction of my will shall be determined by the laws of Connecticut.
Section 7.02 No Contract to Make Will
I have not entered into any contract, actual or implied, to make a will.
Section 7.03 Construction
Unless the context requires otherwise, words denoting the singular may be construed as
denoting the plural. Words of the plural may be construed as denoting the singular.
Words of one gender may be construed as denoting another gender, if appropriate.
Section 7.04 Headings and Titles
The headings and paragraph titles are for reference only.
Section 7.05 Internal Revenue Code, IRC or Code
References to the Internal Revenue Code, the IRC or the Code shall refer to the Internal
Revenue Code of the United States. References to specific sections of the Code shall be
to any sections of like or similar import that replace the specific sections as a result of
changes to the Internal Revenue Code made after the date of my will.
Section 7.06 Other Definitions
Except as otherwise provided in my will, terms shall be as defined in General Statutes of
Connecticut, Volume 12, Title 45a as amended after the date of my will and after my
death.
Section 7.07 Survivorship
For purposes of this will, any beneficiary shall be deemed to have predeceased me if such
beneficiary dies within 30 days after the date of my death.
Pour-Over Will of Albert W. Braid
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Section 7.08 Severability
If any part of this instrument shall be adjudicated. to be void or invalid, the remaining
provisions not specifically so adjudicated shall remain in full force and effect.
IN WITNESS WHEREOF, I have hereunto subscribed my hand and seal at North Haven,
Connecticut, this day, October 24, 2007.
,~ r r
Albert W. Braid
SIGNED. SEALED, PUBLISHED and DECLARED to be his POUR-OVER WILL by
the above named, Albert W. Braid, in the presence of us, who, in his presence and at his
request and in the presence of each other, have hereunto subscribed our names as
witnesses.
~n.~i..tC.1 CL ~ ~--1 C~,Cti of
Patricia G. Haag
J ne A. Gallo
202 State Street
North Haven, Connecticut 06473
202 State Street
North Haven Connecticut 06473
Pour-Over Will of Albert W. Braid
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GUERTIN AND GUERTIN, LLC, 2~2 STATE STREET ,NORTH HAVEN, CONNECTICUT 06473 ~ (203) 288-7756
__ __
STATE OF CONNECTICUT )
ss. North Haven October 2~, 2007
COUNTY OF NEW HAVEN )
We, Patricia G. Haag and
June A. Gallo
being the two attesting witnesses to the within and foregoing Pour-Over Will of Albert
W. Braid, and being duly sworn, do hereby depose and say that we attested the said Pour-
Over Will and subscribed the same in his presence, in the presence of each other and at
his request; that said Albert W. Braid, at the time of the execution of said Pour-Over
Will was of lawful age and of sound and disposing mind and memory and competent to
make testamentary disposition of real and personal property; that he voluntarily and of
his own free will signed said Pour-Over Will in our presence, and that this affidavit is
made at the request of said Albert W. Braid.
Subscribed and sworn to, at the
request of the within-named Albert
W. Braid, the day and year above
written, before me.
ur'~..~,~. '` `
r
Commissioner of the Superior Court
Pour-Over Will of Albert W. Braid
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GUERTIN AND GUERTIN, LLC, 202 STATE STREET ,NORTH HAVEN, CONNECTICUT 06473 ~ (203) 288-7756