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HomeMy WebLinkAbout01-19-12(~ <~,~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENSYLVANIA _. - _ , ORPHANS' COURT DIVISION NO. 2111-0440 ,,, INRE: ESTATE OF ~'' JOAN H. CLELAND, DECEASED PETITION TO DISPENSE WITH OFFICIAL APPOINTMENT OF GUARDIANS OF THE ESTATES OF MINORS UNDER 20 PA. CONS. STAT. ANN. & 5101 AND TO DISTRIBUTE A BEQUEST UNDER 20 PA. CONS. STAT. ANN. ~ 5102 TO THE HONORABLE, THE JUDGES OF THE SAID COURT: The petition of Christine Mahoney respectfully represents that: 1. No judge has been assigned to this case. 2. There is no adverse party to concur in or oppose the relief requested herein. 3. Petitioner, Christine Mahoney, residing at 918 Gobin Drive, Carlisle, Pennsylvania 17013, is an adult individual, the Executor of the Estate of Joan H. Cleland, Deceased. 4. Petitioner, as Executor of the Estate of Joan H. Cleland (hereinafter "Decedent") is required to distribute a bequest from the estate to eight minor beneficiaries. The Petitioner would like to dispense with a formal Account in this estate and execute a Family Settlement Agreement with the beneficiaries of the estate. As is related more fully at large hereinafter, Petitioner and counsel believe and aver that the current facts and circumstances of the Estate and its settlement, justify dispensing with the appointment of a guardian of the estate to represent the interests of said minors. 5. The court has jurisdiction to hear this matter under 20 Pa. Cons. Stat. Ann. §711. 6. The Decedent died testate on March 30, 2011. A copy of Decedent's Will is attached as "Exhibit A." 7. Letters Testamentary were granted to the Petitioner, daughter of the Decedent, on April 6, 2011, by the Register of Wills in and for Cumberland County, Pennsylvania. 8. Under the FOURTH paragraph of Decedent's Last Will and Testament, Decedent gave ten percent of her estate to her great-grandchildren, in equal shares. 9. The Decedent had nine great-grandchildren at the time of her death, eight of whom are minors, and no great-grandchildren have been born or adopted since Decedent's death. 10. The minor beneficiaries, and their parents, are: Parent Child Aye Gregory A. Mahoney Michael Mahoney 12 Gregory A. Mahoney Tamara Mahoney 12 Gregory A. Mahoney Katherine Mahoney 11 Gregory A. Mahoney Danielle Mahoney 10 Gregory A. Mahoney Peter Mahoney 9 Gregory A. Mahoney Andrew Mahoney 6 Megan C. Bear Alexis Bear 6 Megan C. Bear Nathan Bear 3 11. Decedent did not nominate a guardian of the estate for any of the minor beneficiaries 12. Each great-grandchild is expected to receive the sum of approximately $8,000.00. 13. The parents listed above reside with the minor children listed opposite their name and the parents concur with the Petitioner's proposed manner of distribution of the bequests. 14. Petitioner intends to file a Family Settlement Agreement in the Estate of Joan H. Cleland, instead of incurring the expense involved in a formal Account. 15. 20 Pa. Cons. Stat. Ann. §5101 permits the court to dispense with the appointment of a guardian of the estate of a minor when the entire real or personal estate, wherever located of a resident or nonresident minor has a net value of $25,000 or less, all or any part of it may be received and held or disposed of by the minor, or by the parent without the appointment of a guardian when it is an award from a decedent's estate. 16. 20 Pa. Cons. Stat. Ann. §5102 permits the court to authorize or direct that the parent of the minor execute as natural guardian, any receipt or carry out a decree entered under section 5101 and may require the deposit of money in a savings account. 17. 20 Pa. Cons. Stat. Ann. §5103 permits the court, without the appointment of a guardian, to order any amount of cash of a resident or nonresident minor to be deposited in one or more savings accounts in the name of the minor in a bank with the provision that no withdrawal from the account can be made until the minor attains the age of majority, except as authorized by a prior order of the court. WHEREFORE, Petitioner requests that the court: 1. dispense with the official appointment of a guardian of the estate to represent the minor children listed in paragraph ten above; 2. under the sum to be received by each great-grandchild, provided that it is in fact less than $25,000.00, be deposited into a bank, in the name of the minor, with the provision that no withdrawal can be made from any such account until the minor attains majority, such restriction to be sufficient protection of the minor's interest; 3. authorize each minor child's parent to make said deposit and to execute any documents relating to said deposit, the receipt and release for said distribution, and the Family Settlement Agreement for the Estate of Joan H. Cleland. on behalf of the minor children listed in paragraph 10 above. Respectfully submitted BARK SCHERER LLC Date: ichael A. Scherer, Esquire I.D. #61974 / ~~, / Z 19 West South Street Carlisle, PA 17013 (717)243-7437 Attorney for Petitioner VERIFICATION I verify that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date : / / ~ / y ~.~"Yt-c-~~~ 1`t - ~'Y~l p~~..u-,,..~ Christine H. Mahoney LAST WILL AND TESTAMENT OF JOAN H. CLELAND I, Joan H. Cleland, of Cumberland County, Pennsylvania, being of sound mind, memory and understanding, do hereby make, publish and declare this as and for my Last Will and Testament, hereby revoking all other wills and codicils heretofore made by me. FIRST I direct the payment of my debts and the expenses of my last illness and funeral from my estate as soon after my death as conveniently may be done. SECOND I direct that any and all inheritance, estate and transfer taxes imposed as a result of my death for property passing under my will or otherwise shall be paid out of the principal of my residuary estate. THIRD I give and bequeath such of my personal property as may be listed on a signed and dated memorandum kept with my Will to the persons named thereon, provided they survive my death. Should such a memorandum not be found with my Will, it shat) be conclusively presumed that none was prepared, and all of my personal property . +:~ _~-. shall pass according to the remaining provisions of this Will. `o =, ~ ~ . ~TC] ~ =•~o -u ,~ r-- ~:::~ ~-` fTl 3 ~_ ~~ ~ ~` C~ ~ -r •~ t"" ..a.,. __ .. ~? _~~: ~ -<<T7 iT _ ~ ~ ---r, i r' __ ~•7 ~ -T, I "EXHIBIT A" FOURTH f give, devise and bequeath the rest, residue and remainder of my estate as follows: Thirty-five percent to my daughter, Christine H. Mahoney; Thirty-five percent to my son, Curtis A. Cleland; Twenty percent in equal shares to each of my grandchildren, per strrpes; and, Ten percent in equal shares to each of my great-grandchildren, per stripes. FIFTH In the event a .portion of my estate passes to an heir under the age of twenty-two (22), then that portion of my estate passing to the heir shall be placed with that heirs' parents, as Trustees, who may act independently, under the following conditions: 1. My Trustees shall pay principal and income to or for the benefit of the heir during their life as my Trustees, from time to time, shall deem advisable for the health, maintenance, support and complete education of such heir and the members of his or her immediate family. In addition, my Trustees in their sole discretion may advance principal to said beneficiary against the fractional shares to be advanced hereunder for the costs of marriage, or the purchasing of a home or costs of entering a business or profession if my said Trustees shall deem such expense reasonably prudent. 2. Notwithstanding the foregoing provisions, after attainment of twenty-two (22) years, each heir may withdraw the principal of her trust valued as of said birthday or the date of division into shares. 3. In the event of the death of a trust beneficiary prior to age twenty- two (22) then my Trustees shall distribute any remaining principal and interest as such beneficiary shall appoint by specific reference to this power in his or her will, or if such power is not exercised in full, the unappointed principal shall be distributed to his or her issue, per stirpes, or in default of such issue, to my issue, per stirpes; provided, however, any portion of such principal, which would be distributed to any beneficiary for whom a trust is then held hereunder, shall be added to such trust. 4. Should the principal of any trust herein provided for be or become too small in my Trustees' discretion to make establishments or continuance of the trust advisable, my Trustees may distribute the remaining principal and any accumulated or undistributed income outright to the beneficiaries in the proportions to which they are then entitled. The receipts and releases of the distributees will terminate absolutely the ~ i rights of all persons who might otherwise have future interest in the trust, whether I I vested or contingent, without notice to them and without the necessity of filing an account with the court. -.-~_. . _F~,~....~..T T SIXTH I confer upon my executor the right to sell or otherwise convert any real or persona{ property at public or private sale, at such time or time, in such manner, and for such price or prices, and on such terms and conditions as my executor shall determine, and to execute and deliver good and sufficient conveyances, assignments and transfers of the property, without liability of any purchaser for the application of any consideration; to borrow money and to secure its payment by mortgage of real or personal property, pledge of investments, or otherwise, without liability on the part of the lenders to see to the application thereof; to retain any investments at discretion; to invest and reinvest at discretion, without restriction to so-called "legal investments;" to make distribution in cash or in kind; to allocate and distribute different kinds or disproportionate shares of property or undivided interests in property among beneficiaries, in case or in kind, or partly in each; and to do all other acts and things necessary or appropriate in the management, administration and distribution of my estate. SEVENTH I direct that no trustee, executrix, guardian or other fiiduciary named, nominated, or appointed by this my Last Will and Testament shall be required to post any bond or give any security of any type for any purpose whatsoever, any law or rule of the court of the Commonwealth of Pennsylvania or any other jurisdiction to the contrary i notwithstanding. I direct that the law of the Commonwealth of Pennsylvania sha{I apply to any interpretation or application of the validity of this instrument. _ __- _._'ll_. EIGHTH Any and all payment or payments of any sum or sums, whether in cash or in kind and whether for principal or income, payable to an heir, or any of them, shall be made upon the sole receipt of the respective individual to whom the payment is made, and, free from anticipation, alienation, assignment, attachment, and pledge, and free from control by the creditors of any such beneficiary. NINTH I appoint my children, Christine H. Mahoney and Curtis A. Cleland, Co-Executors of this my Last Will and Testament. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and Testament, consisting of five (5) typewritten pages, the first four (4) of which bear my signature in the margin for the purpose of identification, this 11th day of March, 2003. 0'OM ,~.Q,~S~~.-o~ ~ (SEAL) Joan H. Cleland Signed, sealed, published and declared by the above named testatrix, Joan H. Cleland, as and for her Last Will and Testament, in the presence of us, who, at her request, in her sight and presence, and in the sight and presence of each other, have hereunto subscribed our names as witnesses. ADDRESS ~°I~ ~r%~~/,"h. ~'~ . ~ 1~slT (~r~ d ~~-) U'~'1~.t~lL.~f,2. ~~5~~-~aDDRESS ~i 7 ~~ j%1~~21 n u i? ~~r . ~>~ ~ ~~' ll ~ - 5. P,~ 7~ ~~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. We, Joan H. Cleland, ~!t ~~`'~ ~ (!~ '/~~-~~ and mil Gt_r cGC~;i. ~-: ~-~~'~;~he testatrix 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 testatrix signed and executed the instrument of his Last Will and Testament, and that she signed willingly and that she executed as her free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the • presence and hearing of the testatrix, signed the Will as witnesses, and that to the best of their knowledge, the testatrix was at the time eighteen (18) years of age or older, of sound mind and under no constraint or undue influence. Sworn to and subscribed before me this 11th day of March, 2003. ~ ~ ~~~ y ~~ i ~.. _ ~ ~' r . ~V --- .- ;; i