HomeMy WebLinkAbout10-22-12JERRY R. DUFFIE
RICHARD W.STEWART
EDMUNU G. MYFRS
DAVID w. nELUCE
JOAN A. STA'fLER
JEFFERSON J. SHIPMAN
JEFFREY B. RETTIG
MARK C. DUFFIE
JOHN R. NINOSKY
MICHAEL J. CASSIDY
MELISSA PEEL GREEVY
WADE D. MANLEY
1 D ~E
ELIZABETH D. SNOVER
SARAH E.HOFFMAN
CAROIYN B. MCCLAIN
JOHN A.LUCY
ULYSSES S. WILSON
JULIA A. PHILLIPS
OF COUNSEL
HORACE A. JOHNSON
C. ROY WEIDNER, ~R.
CONSTANCF. P. BRUNT
1'i-M.A; 1, R'fl~~ldStF.C;OItt
October 18, 2012
Register of Wills Office
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
Dear Rrdlster:
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RE: Estate of Fred M. Orner, Jr U
Date of Death: October 1 12
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Your Flle No. 21-12-0112
Our File No. 5862-1 ,~' 'Y ,v
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We represent Bonnie L. Orner. Her husband, Fred M. Orner, Jr., passed away on
October13, 2012. ' At the time of Mr. Orner's death, all assets were held jointly with Mrs.
Orner, with the exception of a single Certificate of Deposit Account. This CD is currently
held at Metro Bank with a date of death balance of approximately $3,000.00.
On October 17, 2012, Mrs. Orner went to Metro Bank with the Decedent's Will :and
Death Cert~cate. At this time, she was noted of this single Certificate of Deposit Account
and was directed by a representative of Metro Bank that she must obtain a Short Certificate
in order to transfer this CD to the joint account.
As directed, Mrs. Orner went to the Register of Wills Office where she completed the
necessary probate documents. In completing these documents, she valued the Estate of
Fred M. Orner, Jr., as $77,000.00 paying probate fees and costs totaling $261.00. This
value included all assets that the decedent held in joint ownership with Mrs. Orner. The
actual value of the probate assets of the Estate totaled approximately $3,000.00. While
Mrs. Orner was at the Register of Wills Offce, your staff was concerned about what she was
filing and suggested that Mrs. Orner should contact an attorney.
~, 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109
WWW.JDSW.COM 717.761.4540 FAX: 717.761.3015 MAIL~JDSW.WM
JOHNSON, DUFFIE, STEWART &WEIDNER, P.C.
She contacted the funeral director, who advised her of an attorney to contact. Mrs. Orner
contacted such attorney's office while in the presence of staff members. We have been
advised that while Mrs. Orner did contact this attorney's office, she only spoke with a
secretary, who told her that she should probate the Will.
After Mrs. Qrner probated the Wili, paid probate fees in excess of the actual value of
the Decedent's Estate, she went back to Metro Bank where she was then advised that there
was NO reason to probate and that they would transfer the account with a Death Cert~cate
and copy of the funeral home invoice.
Consequently, we are requesting that the Register consider refunding all or a portion
of the probate fees and this Estate be removed from the docket, if possible. Mrs. Orner
unfortunately received inaccurate advice as to whether probate was required under the
circumstances. This is a difficult time for Mrs. Orner who just lost her spouse and had no
idea where to turn and was simply doing what she was advised to do.
Should you have any questions, please do not hesitate to contact our office. Thank
you for you assistance in this matter.
Very truly yours,
c: Bonnie L. Orner
:521016
JOHNSON, DUFFIE, STEWART & WEiDNER
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