HomeMy WebLinkAbout09-14-11i~ ~~~~
THE LAW FIRM OF
THOMAS W. 3COTT HILLIAN & GEPHART, LLP oec~i:
TERRENCE 1. MCGOWAN 218 PINE STREET JOHN D. KIIl]AN
MICHAEL J. O'CONNOR P. O. BOX 886 SMITH B. GEPHART
IaNDA ]. OISEN HARRISBURG, PENNSYLVANIA 17108-0886
ROBERT J. DANB7.S+
+ NEW 1ERSEY BAR TELEPHONE (717) 232-1851
FAX NO. (717) 238-0592
www.killiangephart.com
September 7, 2011
VIA FAX (717.24(1.7797) and U.S. MAIL
Glenda Farner Strasbaugh n
Register of Wills and Clerk of Orphans' Court ~° ~
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Cumberland County
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1 Courthouse Squaze ~.,
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Room 102 s
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Cazlisle PA 17013
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Re: Letters of Administration -Decedent Paul A. Mattes p
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Deaz Ms. Strasbaugh:
This office has been retained to represent Pamela S. Mattes, spouse of decedent
Paul A. Mattes and Mr. Mattes' Estate. Mrs. Mattes is seeking to be named administrator
of her husband's Estate. It is imperative that this Estate be opened as quickly as possible
because we have some potential litigation issues to be dealt with. To the best of our
knowledge, information and belief, Mr. Mattes owns no property in his own name valued
in excess of the $1,000 reflected on the Petition. Real estate and other assets discovered
at this time are owned jointly with his wife, Pamela. If, during the administration of the
Estate, further individually owned assets are discovered, they will be disclosed and
additional probate fees paid.
Mr. Mattes is the father of two adult children from his first marriage and four
minor children from his marriage to Pamela Mattes. Although we aze seeking to fmd
addresses for the adult children who are potential heirs of the estate and will continue to
do so for purposes of notification of potential beneficiaries, we have no reason to believe
they will execute renunciations nor can we contact them to request that they do so.
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Glenda Farner Strasbaugh, Register of Wills
Cumberland County Pennsylvania
September 7, 2011
Page 2
My reading of 20 Pa.C.S.A. § 3174 (b) (2) leads me to conclude that unless the
Court so directs, no bond would be statutorily required given that Paul A. Mattes' spouse
Pamela S. Mattes is his "next of kin" and is a resident of the Commonwealth of
Pennsylvania and parent of his minor children. The language of the statute states:
(b) Individual personal representative.--Unless a bond is ordered by the
court or is required by the will, if any, no bond shall be required of an
individual personal representative who:
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(2) Is not named in the will, if any, as an original or successor personal
representative but is a resident of this Commonwealth and is either the sole
residuary legatee or next of kin or is the nominee of all residuary legatees
or next of kin who are adult and sui juris.
20 Pa.C.S.A. § 3174 (b)(2) (emphasis added). The language of the statue is not
conjunctive; hence no bond is required if any of the statutorily named individuals seeks to
be named as Administrator.
Notwithstanding the foregoing, in the absence of renunciations from Mr. Mattes'
adult children from his prior marriage, we acknowledge that the Register of Wills may
require an Administrator's Bond. Therefore, we respectfully request that you establish an
amount for the Administrator's Bond and upon receipt of the same, appoint Pamela S.
Mattes as Administrator of her husband's Estate and issues Short Certificates evidencing
her appointment.
Please do not hesitate to contact the undersigned if you have any questions
regarding this matter. Thank you for your assistance.
Sincerely yours,
L% !~
Linda J. Olsen
cc: Pamela S. Marius