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HomeMy WebLinkAbout11-09-11PETITION FOR PBA\~TE~AN~ GRANT OF LETTERS REGISTER OF WILLS OF ~ ~, COUNTY, PENNSYLVANIA Estate of_Nlalie B. McLaughlin File Number' ~ ~ ~ ~ Ql. also known as Deceased Social Security Number Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE :4' or 'B' BELOW.) 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 Janes, 2009 and codicil(s) dated (State relevant circumstances, e.g., rerarnciation, death oJexecutor, etcj Except as follows, Decedent did not many, was not divorced, and did not have a child born or adopted after execution of the instntment{s) offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: B. Grant of Letters of Administration (IJapplicable, enter- at.a.; db.n.c.t.a.; pendente life; durance absentia; durante mtnorttatej .._ ., Petitioner(s) after a proper search has /have ascertained that Decedent IeR no Will and was survived b the followin s ~ tf an arid-heirs: f ~, Y g 1?~~~ Y} ~~ _ ,, Administration, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list ofheirsJ -=;; ~ ~ _ . Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her test principal residence at $24 Lisburn Road 04, .amr~ Hill, PA 17011 (Lrst street address, town/ctty, township, county, state, zip code) Decedent, then ~~,_ years of age, died on October 31 2011 at The Jewish Home of Greater Harrisburg, .Dauphin Countv. Pennwlvania_ Decedent at death owned property with estimated values as follows: , ) (/f domiciled in PA) Al] personal property a ~ v , (J (If not domiciled in PA) Personal property in Pennsylvania S (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $ ~- situated as follows: Form RW-O2 rev. 10.13.06 Page 1 O)F 2 Rw a2 _~ `~~ ~ (COMPLETE INALL CASES:) Attach additional sheets IJttecessaty. ti, ' -r, Wherefore, Petitiorur(s} respectfully request( e of the last Wili and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to the undersigned: Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA SS coUNTY of ~~~~~c~ ~„~, Q ~:,,D 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) ofthe Decedent, Petitioner(s) will welt and truly administer the estate according to law. Sworn to or affumed and subscribed Stgnatare of Persanol Representattve Signature of Personal Representative Signature of Personal Representative ~ :: ~-~ ~ ?; ~~ ~~ ~ ~ ^ , r-r ~ c. ;r - ~ . - ,, __, e , .` .-.n ;i - ~ i ,. ~.:~ ~, ,_ ., ~- =- - - ~; -;~ - ,: !~ !? Q v ..~" 1.- v'. "T 1 ('`i,. FEES ~~~ ~~ Letters ............ .. $ Short Certificate(s) . ~... $_ ~ ~' n~ Renunciation(s) .......... $ CS ... $ l~ ~ ... $ oa ..$ ... $ ... $ ... $ ... $ ,$ TOTAL ............ . $ /05 ~ • ~.~ Q .. Attorney Signature: >~ AaomeyName: Thomas P. Gacki~ Esquire Supreme Court l.D. No.: ~4$b4 Address: Eckert, Seamans, Cherin & Mellott 213 Market Street 8th Floor Harrisburg, PA 17101-2141 Telephone: 717.237.6093 OATH OF PERSONAL REPRESENTATIVE Commonwealth of Pennsylvania ~ SS County of Cumberland The Petitioner(s) herein named swear or affirm that the state sin the foregoing Petition are true and correct to the best of the knowledge and belief of Petiti r(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly admi ~ r the estate according to law. Sworn to or affirmed and before me this day of or the Register DECREE OF PROBATE AND GRANT OF LETTERS Estate of a // ~ ~, L`l L/ f ~D~ ased File Number: 21- ~~ - AND NOW, this ~D d y of /~ ~~ /7'l ,hf'~ ~~I in consideration of the Petition on th reverse side hereon, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary _ of Administration are hereby granted to: (I(a livable, enter c.t.a., d.b.n., d.b.n.c.t.a., etc.) Gl~~e%l%~e, ~Df71 ~CJh in the above estate and that instruments(s) dated ~ described in the petition be admitted to probate and filed of record as the last ill and odicil(s of Decedent. Glenda Farner Strasbaugh, ,~ /~ Register of Wills ~~/ FEES Letters......::~„~ .....$ Will......... Codicil(s) .............. . ( )Short Certificates ( )Renunciations....... Bond ............................. Other ............................. Signature of Counsel Required to Enter Appearance Atty's Signature PRINTED Name: Supreme Court ID No.: Address: ................................. ................................. Automation FEE......... 5.00 JCS FEE ................... 23.50 Phone: Fax: TOTAL ................ $ Interim Form RW-02 revised 12.26.10 Uy Cumberland County pending action by the Court Page 2 of 2 n -- -x-~ ~-- --,-~ 4~l ^ _ WILL ~,' O F = ~ ~ ,~~; ~, =: MALIE B. McLAUGHLIN __ -r-; `-~ h~ _ ._ :~ ~ ' ~•7 --,-, I, MALIE B. McLAUGHLIN, of Cumberland County, Pennsylvania, make this my Last Will, hereby revoking any and all former Wills or Codicils made by me. ARTICLE ONE Payment of Last Expenses I direct my Personal Representative to pay the expenses of my last illness and my funeral expenses as soon as may be convenient after my death. ARTICLE TWO Tangible Personal Property/Residence Section 1. I give my automobiles, household and personal effects, and other tangible personal property of like nature (not including cash or securities), together with any existing insurance thereon, as I may have provided in a memorandum kept with the original of this Will, or to the extent not so provided, to such of my children, CATHERINE THOMPSON, GEORGE J. McLAUGHLIN, JR., BRIDGET E. MONTGOMERY and MAURA R. McLAUGHLIN, as are living on the sixty-first (61st) day after my death in such shares or by such items as they may agree upon or, if they are unable to agree, then in such shares or by such items of approximately equal value as they may select by lot. Any such property not so distributed shall be sold and the proceeds added to my residuary estate and pass under Article Three hereof. Section 2. Residence. I devise my residence at 1917 Dartmouth Street, Camp Hill, Pennsylvania, to my daughter, CATHERINE THOMPSON, if she survives me by thirty (30) days. If she does not survive me by thirty (30) days, this devise shall lapse. ARTICLE THREE Residue Section 1. Outright to Children. I give all the residue of my estate remaining after application of Section 1 of this Article Three to my children, CATHERINE THOMPSON, { L0370196.1 } GEORGE J. McLAUGHLIN, JR., BRIDGET E. MONTGOMERY and MAURA R. McLAUGHLIN, as are living on the thirty-first (31st) day after my death, outright and free of trust, in equal shares, the share of any predeceased child to be distributed to such child's issue, per stirpes, subject to the minor beneficiary provisions contained hereinafter. Section 2. Ultimate Distribution. If any amount of my estate hereunder remains undistributed under the foregoing provisions, my Personal Representative shall distribute such assets to such persons who would have been entitled thereto if I had died at that time intestate, unmarried, without children surviving, and domiciled in the Commonwealth of Pennsylvania. ARTICLE FOUR Personal Representative I appoint my daughter, CATHERINE THOMPSON, as my Personal Representative under this Will. My said Personal Representative, or any successor Personal Representative, shall have the authority, in his or her sole discretion, to appoint another individual or bank as an additional or successor Personal Representative, or to renounce his or her appointment in favor of another individual or a bank. If my above named Personal Representative is unable or unwilling to act or to continue to act as my Personal Representative under this Will, and a successor has not been appointed, I appoint my grand-daughter, VICKI MILLARD, as successor Personal Representative. In addition to the powers conferred by law, my Personal Representative shall have the following discretionary powers, exercisable without the need to obtain court approval: Section 1. Power to Retain Assets. To retain as part of my estate any property received hereunder, without any duty of diversification. Section 2. Power to Invest. To invest and reinvest the principal of my estate in such stocks, bonds, mortgages, securities or other property, real or personal, without being limited to the classes of securities or investments in which fiduciaries are by law authorized to invest funds. Section 3. Power to Deal With Assets. To sell, exchange, lease, encumber, option or otherwise dispose of all or any portion of my estate, real or personal in such manner and upon such terms and conditions as are deemed advisable, and to make, execute and deliver any documents necessary to effectuate any powers herein granted. Section 4. Tax Powers. In connection with the making and filing of all income tax, estate, inheritance and other death tax, gift tax and other tax returns and the paying of such taxes, to make such elections, decisions, concessions and settlements, including extensions of time for the payment of any Federal estate taxes or other taxes due, as may be deemed proper, without liability to any person thereby affected, and without the necessity of making compensating adjustments. -2- Section 5. Power to Distribute in Kind. To make distributions of my estate in cash, in kind, or partly in cash and partly in kind; and to make non-pro rata distributions in kind without consideration of the income tax basis of the assets distributed. Section 6. Advance Distributions. To make advance distributions in an estimated amount to fund the respective Trusts established under my Revocable Trust. Section 7. Allocation of Generation-SkippingL Exemption. I expressly authorize my Personal Representative to allocate, pursuant to Section 2631(a) of the Internal Revenue Code of 1986, as amended, any unused Federal generation-skipping transfer tax exemption which may be available as of the date of my death to any property with respect to which I am the transferor for generation-skipping tax purposes, whether or not such property passes under this Will or otherwise and whether or not such property was transferred during my lifetime or by reason of my death; provided, however, that it is my desire, but not my direction, that my Personal Representative allocate said exemption in the following order of priority: (a) to all direct skips other than any direct skips resulting from a disclaimer; and (b) to property distributed to the Family Trust established under Article Three of my Revocable Trust, unless my Personal Representative shall determine otherwise for good reason. My Personal Representative also shall be authorized to exclude any property with respect to which I am the transferor from any such allocation of such exemption. My Personal Representative shall be authorized to make any election relating to the allocation of such exemption. Any such allocation or election made by my Personal Representative shall be made without the necessity of obtaining court approval and shall be binding on the transferee of any inter vivos generation- skipping transfer I may have made and on all persons interested in my estate or in any trust established or to be established therefrom. Any good faith exercise, partial exercise or failure to exercise the authority granted to my Personal Representative hereunder shall not be subject to complaint or appeal by any party, and I hereby indemnify my Personal Representative against any and all such claims and costs (including attorneys' fees) associated therewith. Section 8. Business Powers. My Personal Representative may carry on any business owned and operated by me or my estate as a sole proprietorship or any business conducted by a limited or general partnership of which I or my estate was a partner for whatever period of time my Personal Representative may deem advisable, and to that end my Personal Representative shall have the power to do any and all things deemed necessary or appropriate, including the power to pay any negative cash flow, the power to incorporate any such business or hold the stock as an investment, the power to borrow and pledge assets held in trust as security for such borrowing, the power to liquidate or sell any such business or such interests therein at public or private sale and at such times and upon such terms as my Personal Representative deems advisable, and the power to employ agents to manage and operate such business without liability for the actions of any such agents, or for any loss, liability, or indebtedness of such business, if the management is selected or retained with reasonable care. Section 9. Real Estate and Proceeds. I do not wish to have the value of my estate reduced by the forced sale of any real estate which I may own at my death. I therefore authorize my Personal Representative to retain such real estate until such time as it can be sold -3- for its fair market value and, if necessary in order to provide funds for the payment of any debts, expenses, estate taxes, inheritance taxes, transfer taxes and other taxes of a similar nature payable by reason of my death, I authorize my Personal Representative to borrow money and for that purpose to mortgage any such real estate and to execute and deliver all notes, bonds, mortgages, and other instruments and to perform all acts necessary, proper or convenient in connection therewith, any and all such loans and mortgages to be made in the sole discretion of my Personal Representative and for such amounts and upon such terms as my Personal Representative deems proper. I authorize my Personal Representative, without the necessity of petitioning any court for approval or confirmation, to sell at any time all or part of the real estate in my residuary estate to any one or more of my children or their issue for such price and upon such terms and conditions as all of my surviving children may agree. ARTICLE FIVE Waiver of Bond I direct that no Personal Representative or any other fiduciary named hereunder shall be required to give bond for the faithful performance of duty in any jurisdiction. ARTICLE SIX Source of Payment of Debts, Expenses and Taxes All estate taxes, inheritance taxes, transfer taxes and other taxes of similar nature, together with any interest and penalties thereon, payable by reason of my death upon the property constituting my gross estate for death tax purposes, whether or not such property passes under this Will, and all debts, costs of administration and other proper expenses, paid by my Personal Representative shall, except to the extent paid by my Trustees, be paid from the principal of my residuary estate passing under Article Three, without reimbursement from or apportionment among the legatees or devisees or persons having a beneficial interest in any such property. Assets sold by my Personal Representative to make payments hereunder shall be selected, to the extent advisable, so as to minimize the recognition by my estate of gain for income tax purposes. My Personal Representative may enter into such agreement to pay all or any part of the death taxes on any future interest as may be deemed appropriate, and such agreement shall be binding upon all parties in interest. ARTICLE SEVEN Interpretation of Will Section 1. Sin¢nlar and Plural• Use of Gender. Whenever used herein, the singular shall include the plural, the plural the singular and the use of any gender shall be applicable to all genders. -4- Section 2. Definition of Child. Children or Issue. Whenever the terms "child," "children" and "issue" are used herein, such terms shall be interpreted to include adopted children, regardless of the date of adoption, with full effect as if they were the natural children of the adopting parents. Such terms are also intended to include persons in gestation at any pertinent time under this Will, provided such persons survive birth by thirty (30) days. Section 3. CaRtions. The captions of articles and sections of this Will are for convenience of reference only and shall not affect the interpretation of this Will. Section 4. GoverningLLaw. I hereby declare that I am a domiciliary of the Commonwealth of Pennsylvania and that the succession laws and other applicable laws of the Commonwealth of Pennsylvania shall control the interpretation of this Will and the ownership of any other property passing at the time of my death other than under this Will, and that no succession laws of any other nation or state shall have any applicability to this Will or the ownership of any other property passing at the time of my death other than under this Will. IN WITNESS WHEREOF, I have hereunto set my hand and seal to the original of this Will only this 23`d day of January, 2009. ~~. <G~, ~~ ~~ ~ ~ `"~-'~ 6'L~ (SEAL) Witness MALIE B. McLAUGHLIN ~~~ o- Witness Signed, sealed, published and declared by the above-named MALIE B. McLAUGHLIN, as and for said person's Will in the presence of us and each of us, who, at said person's request, in said person's presence and in the presence of each other, have hereunto subscribed our names as itnesses thereto the day and year last above written. 2.. . / ~ `s ~ /~.~ f~ r'r' b v ~ Residing at Residing at -5- ACKNOWLEDGMENT AND AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF '~~ '` / ~ ~-~ We, MAL E B. McLAUGHLIN, ~-r /~ ~1 ~N..~.o ~ ~~ ~ ~c ~ ~ ,and ,5 ~ a- rr /3 ,~ / ~ the Maker of this Will and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Maker signed and executed the instrument as the Maker's Last Will and that the Maker signed willingly, and that the Maker executed it as the Maker's free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Maker, signed the Will as witnesses and that to the best of their knowledge the Maker was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. Witness `~` ln-t h MALIE B. McLAUGH N ~~ ~~J SUBSCRIBED, sworn to and acknowledged before me by MALIE B. McLAUGHLIN, the Maker, an~ subscribed( and sworn to before me by Starr ~ / ~ and {'~ 07Ylld- S l~ ° G'ct,(:~CJ witnesses, this 23rd day of January, 2009. My Commission Expires: _ _1 c ublic GtrPy1JUONWEa,~TH OF PENNSYLVANIA Notariai Seal Jayne K, 8rinkiey, Notary Public City pt Hamsburg, pauphin County My Commission Expires July 20, 2010 Member, Pennsylvania association of Notaries -6-