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HomeMy WebLinkAbout03-14-12PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF COUNTY, PENNSYLVANIA Petitioner(s) named below, who is/are 18 years of age or older, apply(ies) for Letters as specified below, and in support thereof aver(s) the following and respectfully request(s) the grant of Letters in the appropriate form: D~dent"s Information Name: ~2, t'NiC.e. rr i ~ a/k/a: a/k/a: a/k/a: Date of DeatL; ~'1- ~ File No: ~ f " ~ ~ - ~ ~ ~ / (Assigned by Register), / Social Security No•~~ "~`7 `- ~S~y Age at death: ~O Decedent eras domiciled at d~tl- in I Cam, (Baste) vsitb 13islhet last. principal residence at ~fc~l Ke,vi~ r,Ir, ye fheo-~ ~h+:~.ab~.y PA 17oS ~ Vt'P~ At-e~ C~•~ ber-1 ~~ Street addrea, Pat OIDce ud Zip Code I City, Township er BoroaSY Cowry l5ecedent died at ~~ G-r; r.r~l . rs t~C1 ~ i~c -~d `' ~`~ [ y `1 ~ ~ Ke•~. i- ~~ c' ~ ~t • e Streett.~.,Y~at:At~a!~d~- ~:or_Ik:. ~. lie: Estimate of vahte of decedent's property at death: Q OV o Ijdosxtcuat in Ptnnaylwnfa ............................All property $ ,jj'xat iiantclbd fir PewnsylHwrip ........................ Petsoasl property in Pennsylvania S If not danatcitad fn Psn~+lwrafa ........................ Personal PnoPertY in County S_ f'ofireofaa+#ant~Gr~eitsyivarriar :.......................... . .......................... $ GOD TO~'AL ESTIMATED VALUE.... S O ooe~ Real estate in Pennsylvania sittntai at: ~©7 ~'(w~'' CJ~ri y e 1 ~ ~ S S' ~ c h ace.: es b ~~ ~ i + ~+ bu 1 sty ~ (Aaach addlttonal aluers, ~'necessary.J Street addren", Pat ORke sad Ztp Code', CIry, Towdhip or Borough ComFry A. Petition for Probate and Grant of Letters Testamei Petitioner(s) aver(s) hdsheJthey is/are the Exewtar(s) named in dte last thereto dated ^ B. Petition for Grant of Letters of Administration (lf If Administration, Gear. or alb.n.~~a, Exc~t as follows: Decedent was not a party to a pending divorce prove in 23 Pa. C.S. § 3323(8) and was neither the victim of a killing nor ever a Q NO E?i;CEPTION$ Q EXCEPTIONS Petitk+tier(e~ etler a proper search has/have ascertained that Decedent left n additional sheets, of necessary): db.n., dbnct.a., pesda"se rite, drranae absentia,: d~ueanae ~noratate wherein the groands for divorce had been esmblishcd as defined sled an incapacitated person. Will and was sutvived bythe following spouse (ifany) and heirs (attacTi ,42 N#me Relatloushi Addre ~ .r. __. r ~~ ~ Q Y`"` -} ~3 Farm Rw~z .er. ~a»~~ov Page 1 of 2 of the Decedent, dated ~ ~ ~ ~ a ~ - Z and Codicil(s) Except as follows: afterthe exeartion ofthe inst<ument(s) offered fat pmba~te Decedent did not marry, was not divorced, was ~t a partyto a pending divorce proceeding whereia the grounds for divorce had been establishe~as defined in 23 Pa. C.S. § 3323(8), and did not have a child tom or adopted; and Decedem was neither the victim of a killing nor ever adjudi ted an incapacitated person. O NO EXCEPTIONS Q EXCEPTIONS Oath of Personal Representative COMMONWEALTH OF PENNSYLVANTA } COUNTY OF } ° v80 °°lY ~p ~ n ~ U'~~ °` a ~ ~ w -~ Petitioner(s) Printed Name .Petitioner(s) Printed Address - ~_ t~S .L 1 Iot r;avd;~ r'crc no~~ A~ -f'! r-- The Petitioner(s) above-named swear(s) or aff rm(s) the state~ats in the foregoing Petition are tnu and comet to the best of the knowledge aml belief of Petitioner(s) and that, ac Perntmal Rq~resetitative(s) of the a Petitioner(s) will well aad truly administer the estate accrndmg to iaw. Sworn to or scri be ore Date 3 " l Y me of ~~ Date By: - Date Por~/RegisRer _ _ ~ -- Date B~.Ol~N~D 3Regnire~: ~ ~tES , ~Q'NO FEESY ~ Letters ....... ............. $ /1~4~ DO ( ~) Short Certificate(s)..... . ( )Renunciation(s)........ . ( )Codicil(s) ............ . ( )Affidavit(s)... ....... . Bond ........................ C~o~m~mission ................. . 06",. ~. ...... Automation Fee .............. . JC3 Fee ..................... '~ TOTAL ..................... $ '~ To the Register of Wills: Please eater my appearance by my signature below: Attorney Signature: Printed Nsme: Sapreme Court ID Number: Firm Name: Address: ~~ DECREE OF THE REGISTER Estate of r ~ ~ ~ File No: ~ l- ~ ~ ~ 0~ d a/k/a: AND NOW, ~~ r'G ~ ~~~~ , in consideration of the foregoing Fetition, satisfactory proof hav' been ted before me, IT I3 ~~~~REED ~,~-fc~Gn fur ~ pare hereby granted to (.hCJ/' ~~~ d 7~~~ y in the above. estate and. (if applicable) that the instruments}dated _1~'___ _ D/ _ described in the Petition be admitted to pr6bate a~ filed of record as the last Will (and Codicil(s)) of Decedent.,, Register of Wills Fo-mRIP-0l rev.lA/11i1011 OATH OF NON-SUBSCRIBING WITNESS(ES) REGISTER OF WILLS COUNTY, PENNSYLVANIA ~ ~- ~ a ~ 03 09 Estate of ~~rti ~ ~ e `~ ` ,Deceased G~ ~r I es ~~- r ~ ~ and ~ ~~c ~. c~~a( C~. ~~ l ~ (each) being duly qualified according to law, depose(s) and say(s) that she / he /they was /were well- acquaintedwith ~ ~' ~ ~ r i~ l~ r ~ ~ and am/are familiar with the handwriting and signature of the decedent, and that the signature of ~~ti 1 G ~- ~ ' ~ to the foregoing instrument purporting to be the Last Will and Testament/Codicil of -~. e ~ ~- +~~~ l~~' ~ ~ is in his/her own proper handwriting. V v 'nature) oC, lot ~-r ~~N~ ~'ti5.,., tic• ~ ~ r i ~ ~ (Street Address) ~vver 'D~ l 2 t o ~[ (City, State, Zip) Executed in Register's Office -~,~., ~ ice/ (Signature) , (Street Address) ~,~ //~ t,s .~ ~k l fit- ~~ > ? s~s~~ (City, State, Zip) ~_ '"' ~,° ~' ~ ~ ~rnr, ~ _ ` ~ a~ ~ ~° _ ~~' © `~~' .~- Fonts RW-04 rev. 10.13.06 Sworn to or affirmed and subscribed 1 . /•\~ ~ ¢'a.1 w ~ .~ ~ r'T ~Cfa ~- 'L ~ L..J C7 LAST WILL AND TESTAMENT ~~~ x~ '~ ~~ 4 -, o ®F ~' BERNICE HILL I, BERNICE HILL, having my legal residence at 407 Kent Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055, do hereby declaze this to be my Last Will and Testament, revoking all other Wills and Codicils heretofore made by me. I declaze that I have the following children born to me, Charles T. Hill, Richazd M. Hill, and Claire E. Hill, and that all references to my children are to them. ITEM ONE: I direct that all my valid debts and the expenses of my last illness and funeral be paid from my estate as soon as practicable after my death. ITEM TWO: I give and bequeath all of my tangible personal property to my residuary heirs under Item Four, below as follows: A. All items of tangible personal property shall be inventoried and valued at a fair mazket value. B. I may leave a Memorandum listing some of the items of my tangible personal property. which I wish certain persons to have and request that my wishes as set forth in the memorandum be observed by my Personal Representative. Any items of tangible personal property not so designated shall be divided and distributed among my residuary heirs as follows: 1. Each of my heirs may select one item, in rotation, in order determined by lot, until such time at which the items chosen by each heir reach such heir's proportionate share. of.'the total value of my estate, or until such time as each heir wishes to make no further selections. 2. Any items not selected shall be sold and the net proceeds added to the residue of my estate. 3. To the extent my heirs aze unable to agree, the. decision as to what may constitute "one item" for purposes of this selection shall be made by my Personal Representative(s). 4. Any disputes concerning this method of allocation shall be resolved by my Personal Representative(s) in my Personal Representative's sole discretion. 5. To the extent my Personal Representative is unable to resolve a dispute among two or more of my heirs concerning the in-kind distribution of any of my personal property, I direct my Personal Representative to sell the disputed property and the net proceeds there from shall be added to the residue of my estate. ITEM THREE: ~ give and devise any interest I may own in any real property together with the insurance thereon to my residuary heirs under Item Four. My Personal Representative may either distribute any real property at its then fair mazket value to one or more of my residuary heirs: under and in accordance with Item Four below, or may sell any such real property and the net proceeds there from shall be added to the residue of my estate. ITEM FOUR: I give, bequeath and devise the entire residue of my estate, of whatever nature and wherever situate, to my children, CHARLES T. HILL, RICHARD M. HILL, and CLAIRE E. HILL, in shazes that take into consideration the beneficiary designations on my non-probate assets in order to ensure that my children inherit equally from me, per stirpes. In determining the value of a beneficiary's share of my residuary estate, I direct that the value of my residuary estate be augmented by the value of any personal and real property distributed in-kind under Items Two and Three, above. ITEM FIVE: Should any beneficiary of mine be under the age of twenty-five (25) yeazs, my Personal Representative shall hold such beneficiary's shaze of my estate, as Trustee, 1N TRUST and shall invest, reinvest and distribute the principal and net income of such beneficiary's shaze as follows: A. Until such beneficiary attains the age of twenty-five (25) years, my Trustee, in my Trustee's sole but reasonable discretion, may pay or apply the income and any or all of the principal of such beneficiary's share for the health, maintenance, support and education of such beneficiary considering all other sources of income available to such beneficiary and known to my Trustee. Upon such beneficiary attaining the age of twenty-five (25) years, my Trustee shall distribute the balance of the principal and accumulated income, if any, of each such beneficiary's share to such beneficiary. B. Should the principal of the Trust Estate, in the sole opinion of my Trustee, be or become too small to warrant placing or continuing of such fund in trust or should its administration be or become impractical for any other reason, my Trustee, in the exercise of their sole discretion, may.-pay such share absolutely to the person maintaining such beneficiary or may place such shares in the beneficiary's name in aninterest-bearing deposit in any bank, bank and trust company or national banking association of his choosing, payable to the beneficiary at majority, or (said beneficiary has reached his or her majority, then to him or her directly. C. All shares of principal and income hereby given shall be free from anticipation, assignment, pledge or obligation of my beneficiary(s), and shall not be subject to any. execution or attach- ment. ITEM SIX: I appoint, my son, CHARLES T. HILL, Personal Representative of this my Will. In the event my son is unable or unwilling to act or continue to act as my Personal Representative, I appoint my son, RICHARD M. HILL, Personal Representative of this my will. I give to my said Personal Representative(s) the same powers as are hereinafter given to my Trustee.. Such powers shall be in addition to those conferred bylaw. ITEM SEVEN: I appoint my duly appointed Personal Representative. as Trustee of any Trust(s) created pursuant to Item Five, above. ITEM EIGHT: No bond shall be required of any fiduciary hereunder in any jurisdiction. No fiduciary hereunder shall have any liability for any mistake or error of judgment made in good faith. ITEM NINE: I authorize my Personal Representative(s) and Tn~stee(s) to exercise the following powers in addition to those given by law, to be exercised in their sole discretion: A. To retain any or all of the assets of my estate, without regazd to any principle of diversification, risk or productivity; B. To invest in all forms of property without restriction to investments authorized for any type of fiduciary; D. To loan-money to or buy property from my estate; E. To borrow money from any person, including any Executor or Trustee, and to mortgage or pledge any real or personal property; F. To sell at public or private sale, to exchange or to lease for any period of time, any real or personal properly, and to give options for sales, exchanges or leases, all for such prices and upon such terms and conditions as they deem proper; G. To allocate receipts and expenses to principal or income or partly to each as they deem proper, H. To repair, alter or improve any real or personal property; I. To distribute in cash or in kind or partly in each at valuations fixed by them; J. To keep reasonable amounts of cash in a bank uninvested if deemed advisable for the protection of the principal; K. To subscribe for or to exercise options for stocks, bonds or other investments; to join in any plan of lease, mortgage, merger, consolidation, reorganization, foreclosure or voting trust and to deposit securities thereunder, and to generally exercise all the rights of security holders or employees of any corporation; L. To register securities in the name of a nominee or in such manner that title shall pass by delivery; M. To add to the principal of any trust created by this instrument any real or personal property received from any person by Deed, Will or in any other manner; N. To exercise all power, authority and discretion given by this instrument after the termination of any trust created herein until the same is fully distributed; O. To use their sole discretion in deciding whether stock dividends on stock they hold in mist should be apportioned to principal or income, except stock dividends of regulated investment commies which shall be added to principal; P. To commingle the assets of any trust estate created by this Will in any one or more common funds for greater convenience and flexibility; Q. To employ agents, accountants, engineers and such other persons, professional or otherwise, as may be necessary for the proper administration of this estate or trust and to pay their compensation from such funds; and R. To disclaim all or any interest in a property passing to me or my estate. ITEM TEN: I realize that Personal Representatives are given discretion by law to make various elections which affect the income and estate taxes payable by estates and beneficiaries, as well as the relative shares of beneficiaries, such as taking administration expenses as deductions for either estate or income tax purposes, selecting options for the payment of employee death benefits, electing to take a qualified terminable interest as part of the marital deduction, selecting alternate valuation dates, postponing the payment of taxes, filing joint income tax or gift tax returns and redeeming corporate stock. The decisions made by my fiduciaries in any of these matters shall be binding upon, and not subject to question by, any affected persons. I rely upon my fiduciaries to take into consideration the total income and estate taxes payable by reason of their decisions including those payable by my survivors, and they are authorized in their discretion, but not required, to make adjustments between income and principal as a result thereof. 3 ITEM ELEVEN: I direct that all estate, inheritance and other taxes in the nature thereof, together with any interest and penalties thereon, becoming payable because of my death with respect to the property constituting my gross estate for death tax purposes, whether or not such property passes under this my Last Will and Testament, shall be paid from the principal of my residuary estate, and no person receiving or having a beneficial interest in any such property, whether under this my Last Will and Testament or otherwise, shall at any time be required to contribute to or refund any part thereof; PROVIDED, however, that this direction shall not apply to the taxes on any property included in my estate solely because of a power of appointment thereover which I possess but have not exercised or on any qualified terminable interest or to any generation- skipping transfer taxes. ITEM TWELVE: No .gift or beneficial interest shall be subject to anticipation, assignment, .pledge, obligation, or alienation of my beneficiary(s), whether voluntary or involuntary, and the income and principal thereof shall not be subject to any execution or attachment. ITEM THIRTEEN: If any beneficiary, person or entity in any manner, directly or indirectly, contests or attacks this Will or any of its provisions, or objects to the accounts or actions of my fiduciaries, without probable cause, such beneficiary, person or entity shall pay all costs, including but not limited to attorneys' fees, arising in connection with such contest, attack or objection incurred by my estate, such trust or such fiduciary personally. In the event that such beneficiary, person or entity does not prevail in such action, any share or interest in my estate or such trust which would otherwise pass to such beneficiary, person, entity or remaindemzan under this Will shall be revoked and the property consisting of such share shall be disposed of in the manner provided herein as if that contesting person or entity had predeceased me without surviving issue. ITEM FOURTEEN: Should any of the provisions of my Will be for any reason declared invalid, such invalidity shall not affect any of the other provisions of this Will and all invalid provisions shall be wholly disregarded in interpreting this Will. This Will shall be construed, regulated and governed by and in accordance with the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, I have at Mechanicsburg, Pennsylvania, on February 15, 2012, set my hand and seal to this my Last Will and Testament consisting of four (4) pages plus any witness, acknowledgement, affidavit and certification pages. ~~.~..,...~„ /~2.~ (SEAL) BERNICE HILL SIGNED, SEALED, PUBLISHED AND DECLARED BY BERNICE HILL, the above named Testatrix, as and for her Last Will and Testament, in the presence of us, who, at her request and in her presence, and in the presence of each other, have hereunto subscribed our names as witnesses. Witness: Witness• Address: `' Ad tc' 4 ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND . SS: I, BERNICE HILL, the Testatrix whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will, and that I signed it willingly and as my free and voluntary act for the purposes therein expressed. -u„~.,-~;., BERNICE HILL Sworn to or affirmed and acknowledged before me, by BERNICE HILL, the T tatrix on February 15, 2012. AletaQp'~~icor~A Attorney AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND . SS: I, -J H.t~ ~ 1fE~~~ , a witness whose name is signed to the attached or foregoing instrument, being duly sworn and qualified according to law, do depose and say that I was present and saw the Testatrix sign and execute the instrument as her Last Will; that she had -signed willingly and executed it as her free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the Testatrix, signed the Will as Witness; and that to the best of my knowledge the Testatrix was at that time eighteen (18) years of age or older, of sound mind and under no constraints or undue influence. C~ ess Sworn to or afIrmed and acknowledged before me, by .~ h R~ ~~~ , a Witness on February 15, 2012. N~3fPA Attorney 5 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND . SS: I, David D. Nesbit, a witness whose name is signed to the attached or foregoing instrument, being duly sworn and qualified according to law, do depose and say that I was present and saw the Testatrix sign and execute the instrument as her Last Will; that she had signed willingly and executed it as her free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the Testatrix, signed the Will as Witness; and that to the best of my knowledge the Testatrix was at that time eighteen (18) years of age or older, of sound mind and under no constraints or undue influence. Witness Sworn to or affirmed and acknowledged before me, by David D. Nesbit, a Witness on February 15, 2012. ~~~ ~ Notary Public I~TARIAL sEu CERTIFICATION MARCiA M NESetT Notary Pubitc UPPER ALLEN TWP., CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA ~- Commlasfon dun 4, Plit~ . SS: COUNTY OF CUMBERLAND On February 15, 2012, before me, the undersigned officer, personally appeazed David D. Nesbit, Esquire (Pennsylvania Supreme Court ID No. 77411), known to me or satisfactorily proven. to be a member. of the bar of the highest court of Pennsylvania and certified that he was personally present when the foregoing acknowledgement and affidavit(s) were signed by .the Testatrix and witnesses. IN WITNESS WHEREOF, I hereunto set me hand and official seal. Notary Public _~~ NOTARIAL SEAL MARCIA M NESBIT Notary PubBc UPPER ALLEN T~YP., CUMBERLAND COUNTY My Commiaalon Explna Jun 4, 2014 6 ESTATE 1VIE1VIOlZA1~TDIJM ®F ~EI~ICE MILL This informal letter of instruction to my family and Personal Representative serves to convey my personal wishes concerning distribution of selected personal effects. In any situation where the provisions of this letter may be deemed to be inconsistent with or contrary to the terms of my Will, or other formal Estate Planning Documents, it is my desire and intent that the provisions of my Will and other formal Estate Planning instruments shall govern and be controlling since I do not intend that this letter shall serve in any respect as a Will nor shall the terms of this letter override the provisions of a Will or a Trust executed by me whether it was signed prior or subsequent to the date of this letter. Distribution of Personal Property Description of Property Beneficiary 1. 2. 1. 2. 3. 3. 4. 4. 5. 5. 6. 6. 7. 7. 8. 8. 9. 9. 10. 10. 11. 11. 12. 12. 1 Description of Property Beneficiary 13. 13. 14. 14. 15. 15. 16. 16. 17. 17. 18. 18. 19. 19. 20. 20. 21. 21. 22. 22. 23. 23. 24. 24. 25. 25. Other Directions To My Family: 2