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Family Agreement-Waiving Filing of Account
This Agreement is by and between Jane L. Klein of 1805 Longs Gap
Road, Carlisle, Pennsylvania 17013; in her capacity as Executrix under~ie Last
Will and Testament dated December 3, 1991 of Ruth M. Miller, Deceas~i~
referred to herein as the "Executrix;" ~"
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Jane L. Klein of 1805 Longs Gap Road, Carlisle, Pennsylvania ~3
and Thomas W. Miller of 7 Airport Road, Corry, Pennsylvania 17013; t~^'
residuary and only legatees of the estate of Ruth M. Miller, Deceased, pursuant
to paragraph Second of the said Last Will and Testament, referred to herein as
the "legatees" or "beneficiaries."
BACKGROUND
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1. Ruth M. Miller ("Decedent") died on January 6, 2011, a resident of
the 1805 Longs Gap Road, Carlisle, Pennsylvania 17013 (but physically residing
at the Sarah A. Todd Memorial Home in Carlisle, Pennsylvania, at the time of her
death), leaving a Will December 3, 1991.
2. Decedent's Will was admitted to probate by the Register of Wills of
Cumberland County on February 22, 2011, and Letters Testamentary were
issued to Jane L. Klein as Executrix.
3. In her Will, Decedent made no specific bequests. She named her
husband, William H. Miller, as residuary beneficiary, but he predeceased, having
died on July 17, 1997. In her Will, Decedent named her two children, Jane L.
Martz, now Jane L. Klein, and Thomas W. Miller, as residuary beneficiaries, each
to receive aone-half share. A copy of the Will is attached hereto as Exhibit "A."
4. Due to the small size of the estate, and the fact that creditors were
known, the Executrix did not advertise the grant of Letters Testamentary. The
Executrix prepared and filed a Pennsylvania Inheritance Tax Return, any federal
and state income tax returns, and paid the appropriate taxes thereon.
5. The Executrix has paid all the taxes, debts and expenses of the
estate known to her, and she has no knowledge of any unpaid claims, absolute
or contingent, which may be asserted against the estate nor does she have any
reason to believe that there are any such claims. The Commonwealth of
Pennsylvania, Estate Recovery Program, has a claim in the amount of
$12,395.22 for nursing home expenses. This claim will more than consume the
estate's assets.
6. The Executrix has liquidated the assets of the Decedent.
Family Agreement -Waiving Filing of Account -Estate of Ruth M. Miller Page 1 of 4
7. An account of the principal and income received by the Executrix,
and her disbursements, is attached hereto as Exhibit "B." A Proposed Schedule
of Distribution is included in that Exhibit "B." The net value of the estate available
for distribution to all of the beneficiaries of the estate is $0.00 because of the
Commonwealth of Pennsylvania, Estate Recovery Program claim.
8. All parties hereto desire that this Family Agreement make
unnecessary the filing an accounting in the Orphans' Court Division of the Court
of Common Pleas of Cumberland County.
NOW THEREFORE, intending to be legally bound, the parties do hereby:
1. Waive the filing of an account of the administration of the estate in
any court, at the discretion of the Executrix.
2. Declare that the undersigned have examined the Account and
Proposed Schedule of Distribution which are attached hereto as Exhibit "B" and
find them to be true and correct in all particulars; accept and approve them with
the same force and effect as if they had been prepared and filed with, audited,
adjudicated and confirmed absolutely by a court of competent jurisdiction; and as
if the zero ($0.00) balance of principal and income had been awarded by the
Court in accordance with the Proposed Schedule of Distribution.
3. Warrant that the beneficiaries named in the Proposed Schedule of
Distribution are the sole remaining parties in interest in the estate and entitled to
receive the entire distribution ($0.00) thereof in accordance with the Account and
Proposed Schedule of Distribution which are attached hereto as Exhibit "B."
4. Warrant that the undersigned know of no outstanding and
unsatisfied claims against the estate.
5. Approve the payments to the creditors and for administrative
expenses, and approve the zero ($0.00) distribution of the balance of principal
and income shown in the Account and Proposed Schedule of Distribution which
are attached hereto as Exhibit "B" to the persons and organizations set forth
therein.
6. Absolutely and irrevocably release and discharge the Executrix,
and her heirs, personal representatives, successors and assigns of and from any
and all actions, liabilities, claims and demands relating in any way to her
administration of the estate and distribution in accordance with the Account and
Proposed Schedule of Distribution which are attached hereto as Exhibit "B" and
without a court accounting and adjudication.
7. Agree to indemnify and hold harmless, the Executrix, and her heirs,
personal representatives, successors and assigns, from and against any claims,
Family Agreement -Waiving Filing of Account -Estate of Ruth M. Miller Page 2 of 4
liabilities, loss or expense (including costs and counsel fees) arising from any
cause whatsoever, which the Executrix may incur as a result of the
administration of the estate and its distribution in accordance with this agreement
including, but not limited to, any liability for any federal estate taxes,
Pennsylvania Inheritance tax or any other death taxes, and any federal or
Pennsylvania income taxes, and Pennsylvania personal property taxes, together
with any interest and costs incidental thereto, relating in any way to the estate
and also including, but not limited to, any assets received or payments or
distributions made by reason of any negligence or mistake of law or fact.
8. Agree that this Agreement shall be binding and effective as against
each legatee upon execution (signing) by that legatee and the Executrix.
IN WITNESS WHEREOF, and with intent to be legally.bound hereby, the
parties hereto have set their hands and seals this ~~' day of
February, 2012.
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Witness: ~ ~~ `~ (Seal
J e in, Executrix
Witness: ~ ~~.~---~ (Seal)
J eT. Klein, Beneficiary
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Witness: ~ ~ / (Seal)
Thomas W. Miller, Beneficiary
Family Agreement -Waiving Filing of Account -Estate of Ruth M. Miller Page 3 of 4
State of Pennsylvania
}ss.
County of Cumberland
On this, the ~ day of February, 2012, before me,
the undersigned oifcer, personally appeared Jane L. Klein, known to me (or
satisfactorily proven) to be the persons whose names are subscribed to the
within instrument, and acknowledged that she executed the same for the
purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
o ~ ~ (SEAL)
xmarreiwer~wwu-
NOTARIAL SEAL
~M A LE88, Nalery Role
~nM~n d CnMle. CunDeAend CourAy PN
My CaendNbn E+~Ree Mry T0, 207s
State of Pennsylvania
County of
}ss.
On this, the day of February, 2012, before me,
the undersigned offrcer, personally appeared Thomas W. Miller, known to me (or
satisfactorily proven) to be the persons whose names are subscribed to the
within instrument, and acknowledged that he executed the same for the
purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
(SEAL)
Family Agreement -Waiving Filing of Account -Estate of Ruth M. Miller Page 4 of 4
LAST WILL AND TESTAMENT
IL RUTH M. MILLE.~ of the Township of North Union,
County of Schuylkill, and State of Pennsylvania, do hereby
make my Last Will and Testament, and revoke all Wills by me
at any time heretofore made.
i.G:i:~ I direct the payment out of my estate of
the expenses of my illness and funeral.
SE ND• All the rest, residue and remainder of
my estate, real, personal or mixed, I give, devise and bequeath
to my husband, WTL•T~,.__ MII,LE~his heirs and assigns, conditioned,
however, that in the event of his death in my lifetime, or
in the event of his death within a period of thirty (30) days
after my death, the said devise and bequest of residue shall
lapse or be divested and in either event I then give, devise
and bequeath the residue of my estate in equal one-half (~)
TAN MARTZ, and my son, 't'HONL S W.._
shares to my daughter, ~~ -
MI~~ In the event my daughter, JANE L-. MAC RTZ~ redeceases
me, I then give, devise and bequeath her one-half (~) share
to her children, namely, u T.T.TR nrTNNT~N and SHAWN__DUNNIGAN.
In the event my son, munMAS W. MILLER. predeceases me, I then
give, devise and bequeath his one-half (}) share to his children,
namely, JASON MI~,LER and BRODIE MILLER.
I declare it to be my intention that should my husband,
~r.LIAM H. MILLER, be living at the expiration of thirty (30)
days from the date of my death, the estate hereby devised
and bequeathed to him shall vest in him absolutely.
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THIRD: 2 nominate, constitute and appoint. my husband,
WILLIAM H. MILLER, Executor of this my Will and I direct that
he shall not be required to enter security in any jurisdiction
in which he may act. In the event of the death of my husband,
WILLIAM H. MILLER, in my lifetime, or in the event of his
death within a period of thirty (30) days after my death,
I then nominate, constitute and appoint my daughter, JANE
L. MARTZ, and my son, THOMAS W. MILLER, Executors of this
my Will and I also direct that they shall not be required
to enter security in any jurisdiction in which they may act.
IN WITNESS WHEREOF, I have hereunto set my hand
and seal to this my Last Will and Testament, which consists
of two (2) pages, to each of which I have affixed my signature
this ~ ~- day of December, 1991.
( SEAL )
Signed, sealed, published and declared by RUTH M.
MILLER, the above named testatrix, as and for her Last Will
~~
and Testament, in the presence of us, who at her request,
in her presence, and in the presence of each other, all being
present at the same time, have hereunto subscribed our names
as witnesses.
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FIRST AND FINAL ACCOUNT OF JANE L. KLEIN,
EXECUTRIX OF THE LAST WILL AND TESTAMENT OF
RUTH M. MILLER, LATE OF 1805 LONGS GAP ROAD, CARLISLE,
CUMBERLAND COUNTY, PENNSYLVANIA, DECEASED
DATE OF DEATH: LETTERS TESTAMENTARY ADVERTISED:
January 6, 2011 CUMBERLAND LAW JOURNAL
Not Advertised
FILE NO.:
THE SENTINEL
21-11-0237 Not Advertised
PRINCIPAL RECEIVED -REAL ESTATE
Accountant charges herself with the following principal amounts received:
Date
2011
None
TOTAL PRINCIPAL RECEIVED -REAL ESTATE: 0.00
PRINCIPAL RECEIVED -PERSONAL PROPERTY
Accountant charges herself with the following principal amounts received:
Date
2011
25-Feb Orrstown Bank personal checking account #143001193 6,474.81
15-Mar Life Insurance proceeds, Prudential Insurance Company
Policy number 20695872 1,815.97
TOTAL PRINCIPAL RECEIVED -PERSONAL PROPERTY: 8,290.78
1st & final account Ruth M. Miller 1.25.12.x1s Page 1
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INCOME RECEIVED
Accountant charges herself with the following income amounts received:
Date
2011 None
TOTAL INCOME RECEIVED 0.00
DISBURSEMENTS
Accoutant claims credit for the following amounts paid:
Date
2011
25-Feb Probate Fee to Register of Wills (Reimburse Frey & Tiley) 92.50
25-Feb Short Certificate to Register of Wills (Reimburse Frey & Tiley) 4.00
25-Feb Thomas W. Miller -Reimburse for Funeral Luncheon 1,115.48
25-Feb Sarah A. Todd Memorial Home -Final Statement 187.29
25-Feb Public School Employees' Retirement System (PSERS) 15.15
2012
25-Jan Family Exemption to Jane L. Klein Not Claimed
25-Jan Register of Wills -Filing Fee for Inheritance Tax Return 15.00
25-Jan Register of Wills -Filing Fee for Family Settlement Agreement 20.00
25-Jan Frey and Tiley -Attorney's Fees 2,500.00
25-Jan Executrix Fee to Jane L. Klein Waived
25-Jan Department of Public Welfare -Estate Recovery Program 4,341.36
TOTAL DISBURSEMENTS g~y0 78
1st & final account Ruth M. Miller 1.25.12.x1s ~~ page 2
RECAPITULATION
Total Principal Received -Real Estate
Total Principal Received -Personal Property
Total Income Received
Total Receipts
Less Total Disbursements
Balance for Distribution
PROPOSED
SCHEDULE OF DISTRIBUTION
1) Jane L. Martz, now Jane L. Klein
1805 Longs Gap Road
Carlisle, PA 17013
One-half Residuary Estate
2) Thomas W. Miller
7 Airport Road
Corry, PA 16407
One-half Residuary Estate
0.00
8,290.78
0.00
8,290.78
8,290.78
0.00
0.00
0.00
1st & final account Ruth M. Miller 1.25.12.x1s ~"~" Page 3
COMMONWEALTH OF PENNSYLVANIA
. SS..
COUNTY OF CUMBERALND
Before me, the undersigned officer, personally appeared Jane L. Klein
Executor of the Last Will and Testament of Ruth M. Miller, Deceased, who, being duly sworn
according to law, desposes and says that the foregoing First and Final Account and Proposed Schedule
are true and correct to the best of his knowledge, information and belief..
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-' Jane L. Klein
Sworn to and subscribed before me
this ~~day of ~~~or~~ ~~ ~a.
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1st & final account Ruth M. Miller 1.25.12.x1s ~~ Page 4