Loading...
HomeMy WebLinkAbout09-28-12Reset PETITION 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, and in support thereof aver(s) the following and respectfully request(s) the grant of Letters in the appropriate form: Decedent's Information Name: RICHARD L. RUSSELL File No: a? ~ - ~ c~ - ~(S(Q a/k/a: RICHARD LEE RUSSELL (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: January 19, 2012 Age at death: 8 Decedent was domiciled at death in Cumberland County, penn~,ylvan;a (State) with his/her last principal residence at 74 Greenwood Circle. Wormleysbure, Cumberland County. Pennsylvania 17043 Street address, Post Office and Zip Code City, Township or Borough County Decedent died at 2001 Sunrise Boulevard. Grove, OK 74344 Street address, Post Otfice and Zip Code City, Township or Borough County State Estimate of value of decedent's property at death: If domiciled in Pennsylvania ............................ All personal property $ 25,000.00 If not domiciled in Pennsylvania ........................ Personal property in Pennsylvania $ If not domiciled in Pennsylvania ........................ Personal property in County $ Value of real estate in Pennsylvania ......................................................... $ TOTAL ESTIMATED VALUE.... $ 25.000.00 Real estate in Pennsylvania situated at: (Attach additional sheets, if necessary.) Street address, Post Office and Zip Code City, Township or Borough County A. Petition for Probate and Grant of Letters Testamentary Petitioner(s) aver(s) he/she/they is/are the Executor(s) named in the last Will of the Decedent, dated August 3, 1999 and Codicil(s) thereto dated State relevant circumstances (e.g. renunciation, death of executor, etc.) Except as follows: after the execution of the instrument(s) offered for probate Decedent did not marry, 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. § 3323(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 Q EXCEPTIONS Q B. Petition for Grant of Letters of Administration (If applicable) c.t.a., d.b.n., d.b.n.c.t.a., pendente lite, durante absentia, durante minoritate If Administration, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs. Except as follows: Decedent was not a party to a pending divorce proceeding 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 adjudicated an incapacitated person. Q 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 Relationshi ~.. Address ..... ~ G l -', '-' ~~y~y~~ 1 'P~ r?' ~.f%~1~ W .~~ r ~ ~ 1=i --~ 0 `~ G't Form RW-01 rev. 10/11/2011 Page 1 of 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA COUNTY OF } } SS: } Official Use Onl ~GC~C~~s~ %..~Ff I~~ 0~ r Petitioner(s) Printed Name Petitioner(s) Printed Address Linda H. Russell 74 Greenwood Circle Wormle sbur PA 17043 ~~"' f` F ~o co.. The Petitioner(s) above-named swear(s) or affirm(s) the statements in the foregoing Petitio are true and correct to the best of the knowledge and belief of Petitioner(s) and that, as Personal Representative(s) of the Decedent, 't' n w' 1 well and truly administer the estate according to law. Sworn too affirmed d ~'~'~; scribed before Date ~~~~Z-- me ~ a o ,(.,f , 2O` Date BY Date For the Register Date BOND Required: ®YES ~ NO To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters ..................... . (~ )Short Certificate(s)..... . ( )Renunciation(s)........ . ( )Codicil(s) ............ . ( )Affidavit(s)........... . Bond ........................ Commission ................. . ~~Oppther ....... . '.c~~ (~ ....... . Automation Fee ............... ~~ JCS Fee ..................... TOTAL ..................... $ G . Attorney ignature: r` Printed Name: Gerald K. Morrison Supreme Court ID Number: 6876 Firm Name: Smigel, Anderson & Sacks Address: 4431 North Front Street Third Floor Harrisburg, PA 17110 Phone: 717-234-2401 Fax: 717-234-3611 Email: gmnrrisnnncacllnrom DECREE OF THE REGISTER Estate of RICHARD L. RUSSELL File No: ~ (- ~ a - , ~ lIL a/k/a: RICHARD LEE RUSSELL AND NOW, ~~Z~ Q ~ 4-~Q ~(" a ~ _, in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Linda H. Russell in the above estate and (if applicable) that the instrument(s) dated August 3, 1999 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent Form RW-02 rev. 10//1/2011 egister of Wills -~~ ~e~l~PikSC~VL age f 2 STATE OF OKLAHOMA CERTIFICATE OF DEATH STATE FK.E Nt1A~ER 1. DECEDENTS LEGAL NAME' (Fled, MMdM, Lad, SufSx) 1 a. LAST NAME PRIOR 70 FKtST MARRIAIaE 2. SEX Richard Lee ~ Russell M 3. SOCIAL SECURITY NUMBER 4: EVER IN US ARMED FORC 87 Sa. AGE- Lad bltlMay (yeas) Sb. UNDER 1 YEAR 50. UNDER 1 DAY S. DATE OF BIRTH (MMNayIYr) A 448-16-1156 ~Y.e °"° 85 "Awitli °an "°"" "'""'° 06/28/1926' . RTIiPLAGE (Ciq and SMM a Foreign County) Ba RES ENCEStaM flb. RESIDENCE-Cornq -'-" &. RESK)ENCE-CKy a Town Pic r K ' OK Delaware Afton ads RE9D~ZI~ C 9a. R E3IDENCEanddg'Clq l.imb7 Bf. RESKENCE-Steel and Numbs Bg. RESID E-Apt Nwr~er l ,j D ~ 451004 Bill Harde t n 333 0. MARITAL STATUS AT TIME OF DEATH 1 NG ~1SE'S NEE (M wKe, giw name pda b kst madege) ~~ ~ ^ Newr MarMd ^ NAdovred aDNaced ^ MwrMd, butaepaaMd ^ unknown 1,~1n a HOU h " ~ i t. FATHER'S NAME (First MddM, Lad) Richard Russell 12 MOTHER'S NAME PRIOR TO FIRST MARRUIGE (Fret MddN, Loaf) , Henriett B ~ a urger 13. DECEDENT OF HISPANIC ORIGINS 14.OE~EDENTS RACE (CMck one a more rags M indcaM what dra t cane(dae4 1S. DECEDENTS EDIKATi~I (Chbc 1N box that bad dsaa0s (Chad M box Mt b~ desatbn whetter tM decedent Irtnesl a herrtt M bs) higlrst depee a oval of adabl cangMbd d Me fine of . M SpardehMMparrimlatlrro. CMdr lM'No' box gM ®WhIM ^ Sw grade a Mss decederdu riot 3panMWFfispardalLalra) ^ BMd a Aticar Mwriear ~ Na. net SPIePen~ ~ ^ Amencar hdan a AMeka Native ^ 9w -12w pads, no dipbma ^ Yet, kMxken, NMxkxrr American, Chicaw ^ Aden IndMn (Noma of Me aaokd a prArcipd mbel ^ High sdmd paduaM a GED coo npMMd ^ Yn, Puerto Rican ^ CMnese ^ FlIPMro ^ Same coYge credit but ra degree ^ Yss, Cuban D JapMeee ^ AseodaM degree (a.g. AA, AS) ~ ^ Ya, odw SparieNHispanicA.a`MO G~ Kaean L7 Arwlnamse ^ P.ochelora depee (e.g. B!L AB, BS) ~ (apedfy) ^ Oher Aden (Spedly) ^ MasMr's depw (e.g. MEd, Nk, MS, MErg, MSW, MBA ¢ [] Padlk ItMrrda (9peaM1') ~pocMrooe (rq. PMrO, EdD) a Proleeebrral depee (eg. MD, JD) [~ Olha (Spedfy) 5 13. DECEDENTS USUAL OCCUPA ON (IrracaM type of work dens dump mod of waking ke. DO NOT US RETIRED. 77. KB1D ~ BUSMIE93 /INDUSTRY ~ Cardiovascular and Thoracic Sur eon `~ C ardiovascular nd 1aa ~ T5 NA4~ _ 186. REULTK)NSHP TO DECEDENT ttk. MIAILING ADDRESS (Sleet and Number, Clq, Stall, Zip Cam) ~ ~ Linda Russell Wife 451004 Bill Hardest LN Aft n OK 74331 uww ~ y , , o 10. METHOD OF 019P081TION: 20. PLACE OF 019POSITK)N (Name of anrlxy enmelory other pMce) 21 LOCATION -CK Town and Stde ^eald Elcr.malar ^Donafan DEnMmfanen> , , Funeral Directors Cremation , y, ~ ~ ^RwnwdtanetaM ^omer(eperdfy) Tulsa OK ` ~ ~ AME,AN COtAP DR£SS OF FACaJTY ~ugin~ue~~unera~~ome 23. FUNERAL HOME DIRECTOR OR FAMK Y MEMBER ACTING AS 9UCl~ ( ' , o a 332 N Scra er V K ~ ( p inita, O 74301 M 130 24.FHESTABLI9H ENTUCENSEi1 3 ES ~ 25. PLACE OF DEATH (Chsct ony ane: sw krstra:tloro) P DEATH OCCURRED IN A HOSPITAL: ~ DEATH OCCURRED OTHER THAN BI A H09PRAL ^ hrpatlerx ^ Emergency RocmlOutpafient ^ Daad on Artivd " ^ Hospks Faeigy ®Nurdng taanaMng twm care IacBy ^ DecedenCs toms ^ Otlwr (spsagy): ~+ ^~ 2S. FACWTY NAME (Knot MaYh+1Mn, pv. sleet a m,mbar) z7. Cm oR TowN, STATE AND Z~ CODE OF LOCATION OF DEATH zs. CouNTY OF DEATH N GRANDWOOD ASSISTED LIi~ING, LC GROVE, OKLAHOMA, 74344 DELAWARE w Z0, DATE OF DEATH (MUDay/Yr) 30. TIME OF DEATH 31. WA8 DK;AL R CONTACTED? ~. WAS AN AUTOPSY PERFORMED9 33. WERE AUTOPSY FKiDINGS AVANABLE TO ~ JANUARY 19, 2012 20:22 ®Yrs ^ No ^ Yea ®No COO ETE THE CAUSE OF DEATW! ~ ~ CAUSE OF BATH (See Mdrudkna end axampin) ( 33. P 6rMr otMr: p 34. PART L En4r do dgtr ~ averde- diprwrs, MpxNs a compkotlons - drd dtectly cwrud the deatlr. 00 NOT entr 1wmMal avwrM sucfi at cardac erred, ~ ~ r~ reeptebry erred a venlicula Mr~on widfad ahowky the edoMgy. DO NOT ABBREVIATE. Erda ony one cause on a ins. Add addffixrd Mss K rrsnasay. _ ' M gNa i f w K~EDIATE CAUSE (FMaI dMem a ~ ~~ -,. M P o coaitlon resutiMg h dadh ~ a. END STAGE ALZEH IMER'S DlSEASE/DEMENTIA UNp G'am' - . Dos M (a w a coneequerrw ofy: -. t/ ` . ~ !" } T~-~.-r -~ CC' 'Z Segrsniay kdcondilons, ilanr, Wedmg b. C7 . 7 Y _ r-, M tie cauw IeYd on Ins a. Dw M (a a a careequena o11: "(=1 --1-~ ~ , w ' Errw dr UNDERLYWG CAUSE (dlaaee a ~ ~ _ ".~ ~ 1nWY 1hd kdletM the eveme relultln9 in Dw b (a a a ~meryrenn of): ~. (--- X deaYr) LAST' ~ ~ t~ ~y + H d CTI ~ 12SQ872 - ~. MVW NER Of DEATH 37. IF FEM4LE: 38. DID T08A000 USE CONTRIBUTE ~ Nand ^ tianlcida ^ Aod~d ^ Sulfide ^ Not pregnant wi0rin pad yea ^ Pregnant at fins a! dsalr ^ Not pragrrard, but preprard wgwr 4T days of death TO DEATH? --" ^ Pemfirg kneelgafar ^ Caid rat d ddendMd D tiotpregnard, but prsgnart43 days b 1 year betas dea0r D Unknown fl pngnant wlldn Krapast year ^ Yss ^ No DProbaby ®Uduwwn ^ 39.OA7E OF INJURY (MblDeyA4) ' ~. T1MIE OF INJURY 41. PLACE OF BJ.W RY (e.q., Dsadenrs hortw; corwtuctlon ~; wooded ens) 42 DESCRIBE tiOW KJURY OCCURRED: 43. INJURY AT WORK? ~' Ji ~ ^ Ya ^ No 44. LOCATbN OF INJURY: State: CKy a Town: ZIP Code: 45. IF SPORTATION 1 SPECIFY: ^ DriwrA)pwabr ^ P ~ ^ Pedeetian ~ SMt a Numbs: Aparbnent Number: ^ 61Kwr (,~gy) 48, CERTPIER (CMd ony one) 47, NAME, ADDRESS AND ZIP CODE OF PER N COMPLETING CAU E OF D TH (Item 34) + ATTENDING PHYSICIAN: ^ Phyddan rn chergr of tM padenCil era ^ Phydclsn h agarwaxe d fine of dwW ony JOSHUA CANTER, MD ~ To the beat of my knowisdge deaN oecurred d the time date eaui lace and due to th d ~. , , , p , e cause(s) an manner w stated. 1115 WEST 17TH STREET ®. MEDICAL EXAMNER On Ihs b3eM o1 exadnatbn, andla~krvesdgetbn, M my ~inMn, deNlr occured Af fie dme, dell TULSA OKLAHOMA .~ €, and oMca, and due to the cause(s) and manner dated. , ~ d ~ n~ 8 ~ ~ ~ 8 Cerra: JOSHUA CANTER MD 48. DENSE NUMBER 49. DATE CERTIFIED (MoAaylYr) - , 262950K JANUARY 24, 2012 50. RC-GL4TRAR'S TORE 32. DATE RECEIVED BY STATE REGISTRAR (MdDay/Yr) _ 2 g 2052 `~' U 1/26/2012 vslsat7-o7> LAST WILL AND TESTAMENT ~, N OF ~ to ~': ~ RICHARD L. RUSSELL ~[~ N ~: - ~ (~ A 17~.~' --~ C`? I, RICHARD L. RUSSELL, being of sound and disposing ~nd ands? memory and of legal age, do make, publish and declare this to be my Last Will and Testament, hereby revoking any and all Wills, Codicils and other testamentary dispositions heretofore made by me. ITEM ONE I direct that all my debts, charges, allowances and expenses payable by law out of my estate, including interest accruing thereon, if any, be paid by my Personal Representative, hereinafter named, out of the principal of my estate as soon as practicable after my decease. I further direct that my Personal Representative pay all estate, inheritance and transfer taxes that may be assessed by reason of my death, including interest and penalties, if any, regardless of whether or not such taxes are assessed against my Personal Representative and notwithstanding that some or all of such taxes may be assessed with respect to property that is not subject to probate administration. Except as otherwise provided ~~ C r~ ~ ~~~ ~~ ~i hereinafter in this Item One, all such payments shall be made out of the principal of my estate that remains after satisfaction of * , ~ Item Two hereof, and no person shall be required to reimburse my estate for any part of any sum so paid. Under a certain trust established by me, as Grantor, and governed by a Trust Agreement, known as the RICHARD L. RUSSELL TRUST dated May 10, 1995, as amended, entered into with myself, as Grantor, and myself, as Trustee, provision has been made for the payment and discharge of any and all estate, inheritance, succession, transfer and other death taxes, including interest and penalties thereon, which shall become payable by reason of my death, upon or in relation to any property or interest in property or any amount or transfer required to be taken into account in computing such taxes, and similarly further provision has been made for the payment of all debts, charges, allowances and expenses payable by law out of my estate, including interest accruing thereon, if any. My Personal Representative may notify in writing the then acting Trustee or Trustees of said trust as soon as practicable after my death of the amount or amounts of such taxes, including interest or penalties thereon, debts, charges, allowances and expenses payable by law out of my estate, including interest, if any, accruing thereon, to the end that the same shall be paid and discharged as provided in said Trust Agreement, as my Personal Representative in my Personal Representative's sole discretion may determine. 2 ITEM TWO I give and devise all my tangible personal property and effects, which term shall include, without limitation, my jewelry, clothing, books, pictures, household furniture and furnishings, objects of art, and automobiles, together with any policies of insurance and rights thereunder relating to any such property, to those persons designated in a separate writing that may be in existence at the time of my death, which will be signed by me and which describes the items and the devisees with reasonable certainty. If no separate writing or list is found and properly identified by my Personal Representative within sixty (60) days after my Personal Representative's qualification, it shall be presumed that such separate writing does not exist and any subsequently discovered separate writing or list shall be ignored. In the event any person named in such separate writing shall predecease me, then the devise made to such person shall lapse and become null and void. The balance of my tangible personal property, which is not specifically devised pursuant to the aforesaid separate writing, I give and devise to my spouse, LINDA H. RUSSELL, absolutely, if my spouse shall survive me. If my spouse shall not survive me, then I give and devise the said balance of my tangible personal property to my children who shall survive me, in as nearly equal shares as 3 possible. My Personal Representative shall have the absolute right to allocate among my children any items of said property and to settle any disagreement regarding its distribution or to sell any or all of said property and to distribute the proceeds thereof in satisfaction of the devise under this Item. ITEM THREE All the rest, residue and remainder of my estate, remaining after the payment of my debts, funeral and administration expenses and after satisfying the foregoing devises, wherever situate and of every kind and character, of which I may die seized or possessed, or to which I may in any manner be entitled at my death, all of which property is herein referred to as my residuary estate, I give and devise to the then acting Trustee or Trustees under a certain Trust Agreement, known as the RICHARD L. RUSSELL TRUST dated May 10, 1995, as amended, between myself, as Grantor, and myself, as Trustee, to be added to the principal of the trust estate created under said Agreement and to be held, administered and distributed in all respects as an integral part thereof, notwithstanding that said Trust Agreement may be further amended or modified after the date of my Last Will and Testament and any Codicil hereto. If for any reason said Trust Agreement shall not be in effect at the time of my death, or if for any reason a court of competent jurisdiction shall declare said Agreement to be ineffective for the 4 disposition of the assets of my estate, then I give and devise my entire residuary estate to the Trustee or Trustees named in said Agreement, to be held, managed and distributed in the manner described therein, giving effect to all then effective amendments thereto; and for these purposes, I incorporate into this Will by reference the terms and provisions of said Trust Agreement as it now exists and those of any amendments thereto in effect at my death. ITEM FOUR I hereby nominate, constitute and appoint my spouse, LINDA H. RUSSELL, to be the Personal Representative of this my Last Will and Testament. If for any reason my spouse, LINDA H. RUSSELL, shall fail to qualify as a Personal Representative hereunder or, after qualifying, should cease to act as such Personal Representative for any reason before completing the administration of my estate, then I nominate, constitute and appoint my children, CARLYN RUSSELL BYRNE and RICHARD L. RUSSELL, II, or the survivor of them, to be the substitute or successor Personal Representative hereunder. I am cognizant of the fact that the provisions of the Internal Revenue Code (and other applicable laws) in force at the time of my death, and applicable to my estate, may permit my Personal Representative to elect to claim certain administration and other expenses as deductions, either in the income tax returns of my 5 estate or in the estate tax return. It is my desire that my Personal Representative elect to claim from time to time such expenses as deductions on the particular tax returns which, in my Personal Representative's opinion, should result in the smallest combined taxes being paid, irrespective of whether such expenses shall be payable from income or principal; and my Personal Representative is directed not to make adjustments between income or principal, or between property interests passing to beneficiaries under my Will which may be substantially affected as a result of any election under this Item. It is my wish that such property interests as may be determined as a result of my Personal Representative's election under this Item shall be the interests such beneficiaries shall receive. I exonerate my Personal Representative from all liability for any such election and direct that no beneficiary shall have any claim against my Personal Representative or my estate by reason of the exercise of my Personal Representative's judgment in this respect. All powers, provisions, rights and discretions conferred on any Personal Representative, or successor or substitute whether designated herein or not, shall descend to and be exercisable by any successor or substitute. I expressly excuse my Personal Representative from posting any bond in such capacity with any court in any jurisdiction. 6 I specifically grant unto my Personal Representative, in addition to all of the statutory powers afforded a fiduciary by law, without any leave or order of court, or other judicial proceedings, full power and authority to borrow money and to hold, invest, reinvest, sell, mortgage, pledge, lease, transfer and convey any or all of my property and estate, real or personal and mixed, which my Personal Representative may deem proper; to exercise any and all privileges in connection with any stocks, bonds, certificates of indebtedness or securities, including the right to vote or issue proxies to vote the same; to determine what is principal and what is income in administering my estate, in case of reasonable doubt as to the rule otherwise applicable; and to make distributions either in cash or in kind, or partly in each. All of this my Personal Representative may do without the necessity of any order of court. In addition to the authority hereinbefore granted to my Personal Representative, I confer upon my Personal Representative, in the administration of my estate, all the powers, duties and immunities conferred upon the Trustee under the aforementioned Trust Agreement, in the administration of the trust property held thereunder. 7 ' ~ ' • ~ i IN WITNESS WHEREOF, I have hereunto set my hand and seal this `~ day of , 1999. RICHARD L. RUSSELL Signed, sealed, published and declared by the said Testator, RICHARD L. RUSSELL, as and for his Last Will and Testament, in the presence of the undersigned, who, in the presence of, after he has signed his name thereto, and at his special instance and request of and by his express direction and in the presence of each other, sub ibe the sa as attesting witne ses thereto. of of .~ of mil, ~~ ~~~ti-, q, STATE OF O~ COUNTY OF We, RICHARD L. RUSSELL, the Testator and ~.~ ~,~, ~.. and~l/Yt ~~ZT~i~ the witnesses, whose names are signed to the foregoing instrument, being first duly sworn, do hereby declare to the undersigned officer that the Testator, in the presence of the witnesses, signed the instrument 8 as his Last Will, that he signed voluntarily, that each of the witnesses in the presence of the Testator, at his request, and in the presence of each other signed the Will as a witness, and that to best of the knowledge of each of witness the Testator was at that time eighteen or more years of age, of sound mind, and under no constraint or undue influence. The foregoing instrument was sworn to and subscribed before me this ~l~ day of 1999, by RICHARD L. RUSSELL, the Testator, and by C.1i~-r2 /'t'~~~-'L,~ , i ~fl' and `-~ the witnesses. Said persons did not take an oath and (check one) ^ are personally known to me, ^ produced a valid driver's license (issued by a state of the United States within the last five (5) years) as identification. L Prin ame: R ,~ Notary Public Commission Number: My Commission Expires: