HomeMy WebLinkAbout05-21-12PETITION FOR GRANT OF LETTERS
REGISTER OF WILLS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Petitioner(s) named below, who is/are 18 years of age or older, apply(ies) for Letters as specified below, anti in support thereof aver(s) the
following and respectfully requests the grant of Letters in the appropriate form:
Ann M Kirwan
Decedent's Information ~ ~j~J
Name: Jo Ellen Kirwan File No: _!1-12 D J
a/k/a: (Assigned by Register)
a/k/a:
a/k/a: Social Security No:
Date of Death: 05/06/2012 Age at Death: 66
Decedent was domiciled at death in Cumbedand County, PA (Stare) with hislher last
principal residence at 1771 Kendall Drive, Mechanicsburg 17055 Upper ,Allen Cumberland
Street atltlress, Post Olfice antl Zip Code City, Township or Borough County
Decedent died at
Street adtlress, Post (xgce and Zip Cotle City, Township or Borough County State
Estimate of value of decedent's property at death:
if domiciled in Pennsylvania ...................... All personal property
I/not domiciled In Pennsylvania ................ Personal property in Pennsylvania $
I/not domiciled in Pennsylvania ................ Personal property in County $
Value of real estate in Pennsylvania ................................................................... $
110,000.00
TOTAL ESTIMATE[) VALUE
Real estate in Pennsylvania situatetl at
/Attach etldRi,anal sheets, i/neoessary )
110,000.00
Street etltlress, Post (xgce and Zip Code City, Township or Borough County
® A. Petihon for Probate and GnM of Letters Testamenfarv
Petitioner(s) aver(s) that he/shetthey is/are the Executor(s) named in the Last Will of the Decedent, dated 0 5/1 312 01 1
thereto dated
and Codicil(s)
State relevant drwmatences (ag., renunciation, death olesecutw, ekJ
Except as follows: after the execution of the instrument(s) offered for probate, Decedent did not mar was not divorced, was not a party to a pending
divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa. C.S. ~~3:423(g), and did not have a child born or
adopted; and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person.
® NO EXCEPTIONS ^ EXCEPTIONS
^ 8. Petition for Grant of Letters of Administration (If applicable)
c.t.a., d.b.n., d.b.n.c.r.a., pedente life, tluranre absentia. durance minontate
If Administration, c.t.a or d.b.n.c.t.a., enter date of Will in Section A above and eomolete list of hairs.
Except as follows: Decedent was not a party to.pending divorce proceedingg wherein the grounds for divorce had been established as defined
in 23 Pa. C.S. § 3323 (g) and was neither the victim of a killing nor ever adudicated an incapacitated person.
^ NO EXCEPTIONS ^ EXCEPTIONS
Petitioner(s), after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs (attach
additional sheets, if necessary):
Name Relationship Address ~a
CQ ht ~i
.
SA r~ `
Oc ~ ~ _^,:
~'_-+ o n0
L.. T
Form RW-02 ree to-t f-zot f Copyright (c) 2011 form software only The LacWter Group, Inr,. Page 1 of 2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA }
COUNTY OF Cumberland } Ofncial Uae Only [
'~ H(,E OF
~F{,l i~`~' -~~ ~i ~'
' `th" ~ •-
Petitioner(s) Printed Name Petitioner(s) Printed Address
Ann M Kirwan 1771 Kendall Drive
Mechanicsburg, PA 17056 n~
ORPFi+~'v 5 ~;; ' ,
CUMBERLAND CO.. PA '
The Petitioner(s) above-named swear(s) or affirm(s) the stateme m the foregoing Petition are true antl area to the oast or the xnowieage anD
belief of Petitioner(s) and that, as Personal Representative(s) of Deced Petition/r(s) will well~ndiru ly administer the estate accordi g to I w.
Sworn to or affirmed and bsc ibed before ~ ~y ~` ~ ~~ 7L Date a~ ~'
me thisoLL d y of Data
Date
By:
ForfheR I Dale
BOND Required? ~ YES ~ NO
FEES:
Letters . .........................................
( 4 )Short Certificate(s).........
( 0 )Renunciation(s) ..............
( 0 )Codicil(s) ........................
( 0 )Affidavit(s) ......................
Bond ... ..........................................
Commi ssion ............................ _....
Other Will
Automation Fee ............................
JCS Fee .......................................
TOTAL .........................................
$ 250.00
18.00
15.00
23.60
$~~
To the Register of lMlls:
Please enter my appearance by my signature below
Attorney Signature:
~. ~~
Printed Name: Jessica L Fisher
Supreme Court 310018
ID Number:
Firm Name: Keystone Elder Law P.C.
Address: 555 Gettysburg Pike
STE C-100
Mechanicsburg, PA 17055
Phone: 717-6973223
Fax:
E-mail: Jessicaa~keystoneelderlaw.com
DECREE OF THE REGISTER Date ofoeatn: o5fo6/2o12
Social Security No: 202-38-6054
Estate of Jo Ellen Kirwan File No: 21-12 -y~~
alkla:
AND NOW, JI_
satisfactory proof hail
are hereby granted to
A~CI~ , in wnsideretion of the foregoing Petition,
n presented before me, IT IS DECREED that Letters Testamentary
Ann M Kirwan
in the above estate and (if applicable) that the instrument(s) dated
described in the Petition be admitted to probate and filed of record
cecrme
Fee for this certificate, $6.
WAR ~f~)~[)IIQ;Plicate this copy by photostat or photograph.
LOCA~REGISTRAR'S CERTIFICATION OF DEATH
pp This is to certify that the information here given is
correctly copied from an original Certificate of Death
duly filed with me as Local Registrar. The original
certificate will be forwarded to the State Vital
Records Office. for permanent filing.
P 1'_95997
Certification Number
2lfi2HA1'21 FF i~0,
-~..
(X1~IBERLAND CO., PA
Local Registrar Date Issued
.y/Pem In COMMOxwFALtM Oi PFNNSttV.axM.OEwRiMEMOiNGLrx. Mnt RF<ONM
CERTIFICATE OF DEATH
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I, JO ELLEN KIRWAN having my legal residence at 1771 Kendall IA}v~, Meclianicslsa}cg'~
Cumberland County, Pennsylvania, 17055, do hereby declaze this to be my Last Will andc~1'estamer~
revoking all other Wills and Codicils heretofore made by me.
I declaze that I am not married. I further declaze that I have the following two (2) children born to
me, Ann M. Kirwan and Joseph A. Kirwan, and that all references to my chi'.Idren 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 shaze 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.
1
3. To the extent my heirs are 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 be added to the residue of my estate.
ITEM THREE: I 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 Amy estate, of whatever nature
and wherever situate, to my children, ANN M. KIRWAN and JOSEPH A.. KIRWAN, in equal shares,
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) years, my
Personal Representative shall hold such beneficiary's share of my estate„ as Trustee, IN TRUST and
shall invest, reinvest and distribute the principal and net income of such beneficiry's share as follows:
A. Until such beneficiary attains the age of twenty-five (25) yeazs, 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 shaze 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
2
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
shazes in the beneficiary's name in an interest-beazing deposit in any bank, bank and trust
company or national banking association of his choosing, payable to the beneficiary at majority,
or if 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: Iappoint, my daughter, ANN M. KIRWAN, Personal Representative of this
my Will. In the event my daughter is unable or unwilling to act or continue to act as my Personal
Representative, Iappoint my son, JOSEPH A. KIRWAN, Personal Representative of this my will. I
give to my said Personal Representative(s) the same powers as aze hereinafter given to my Trustee. Such
powers shall be in addition to those conferred by law.
ITEM SEVEN: Iappoint 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 Trustee(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 investmenls authorized for any type of
3
fiduciary;
C. To compromise any claim or controversy;
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 property, 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 trust
should be apportioned to principal or income, except stock dividends of regulated investment
companies 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 person'., 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 aze given discretion by law to make
vazious 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 mazital 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 fiduciazies in any of these matters shall be binding upon, and not
4
subject to question by, any affected persons. I rely upon my fiduciaries too take into consideration the
total income and estate taxes payable by reason of their decisions including those payable by my
survivors, and they aze authorized in their discretion, but not required, to make adjustments between
income and principal as a result thereof.
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 o:f my residuazy 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 voluntazy 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 remainderman under this Will shall be revoked and the property consisting of such shaze
shall be disposed of in the manner provided herein as if that contesting person or entity had predeceased be
without surviving issue.
5
ITEM FOURTEEN:
Should any of the provisions of my Will be for any reason declazed
invalid, such invalidity shall not affect any of the other provisions of this Will and all invalid provisions
shall be wholly disregazded in interpreting this Will.
ITEM FIFTEEN: 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 May 13, 2011, set my
hand and seal to this my Last Will and Testament consisting of six i;6) pages plus any witness,
acknowledgement, affidavit and certification pages.
SIGNED, SEALED, PUBLISHED AND DECLARED BY JO ELLEN KIRWAN, the above named
Testatrix, as and for her Last Will and Testament, in the presence of us, vvho, at her request and in her
presence, and in the presence of each other, have hereunto subscribed our names as witnesses.
--
' ess Witn ss
Address ~ Address U
6
SELF-PROVING AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF CUMBERLAND
We, JO ELLEN KIRWAN, S ~ ~(',eSe ,
and ~Q cc~~ cr 'f^-iS~a.` ,the Testatrix and the witnesses
respectively, whose names aze 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 as her Last Will and Testament that she had signed willingly (or willingly directed
another to sign for her), and that she executed it as her free and voluntary act for the purposes
therein expressed, and that each of the witnesses, in the presence and heazing of the Testatrix,
signed the Will as witness and that to the best of their knowledge the 'T'estatrix was at that time
eighteen years of age or older, of sound mind and under no constraints ar undue influence.
~rl/ h/
J LLEN KIRWAN
L~-~r~
ITNESS
./
WITNESS
Subscribed, sworn to and acknowledged before me by JO ELLEN KIRWAN, the
Testatrix and the witnesses, on May 13, 2011.
~~,c~cr 0~~ ~e°L~
Notary Public or PA Attorney
NdTARIAL SEAL
MARCIA M NESBIT
Notary Publlc
UPPER ALLEN TWP., CUMBERLAND COUNTY
My Commlaslon Expire Jun 4, 2014
~® ]E]L~]L]~l~T ]E~~]E~~~~T
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
1. 1.
2. 2.
3. 3.
4. 4.
5. 5.
6. 6.
7. 7.
8. 8.
9. 9.
10. 10.
Bene£ciary
11.
12.
11.
12.
1
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
Description of Proper
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24
25
Beneficiary
Other Directions To My Family:
2