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HomeMy WebLinkAbout12-06-12PETITION 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, and in support thereof aver(s) the following and respectfully requests the grant of Letters in the appropriate form: Tracey E McCall Decedent's Information ,,~- Name: Shirley M Gill File No: 21-12 ~_, ~ !~ a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No Date of Death: 08/20/2012 Age at Death: 83 Decedent was domiciled at death in Cumberland County, pA (State) with his/her last principal residence at 5655 Hillside Lane, Mechanicsburg 17050 Hampden Cumberland Street address, Post Office and Zip Code City, Township or Borough County Decedent died at 5655 Hillside Lane, Mechanicsburg 17050 Hampden Cumberland PA Street address, Post Office 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 $ 49,000.00 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 $ Real estate in Pennsylvania situated at (Attach additional sheets, if necessary.) City, Township or Borough ^X A. Petition for Probate and Grant of Letters Testamentary Petitioner(s) aver(s) that he/she/they is/are the Executor(s) named in the Last Will of the Decedent, dated thereto dated 03/11/2009 10/26/1994 Street address, Post Office and Zip Code 49,000.00 County and Codicil(s) 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. 0 NO EXCEPTIONS ^ EXCEPTIONS ^ B. Petition for Grant of Letters of Administration (If applicable) c.t.a., d. b. n., d. b. n. c. t. a., pedente 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 comolete list of heirs. Except as follows: Decedent was not a party to 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. ^ NO EXCEPTIONS ^ EXCEPTIONS Petitioner(s), after a proper search has/have ascertained that Decedent left no Will and was survived by the following se (if any~~~nd heirs (attach additional sheets, if necessary): ~"~ -„ ~ G ® r'r'9 ~~ ~ -x1 ;`7 ~y~ ~ Name Relationship Address rn ~r"~ c-> `~' ~~ ~ s:~:~~ 3a t.~ ~ ; rn r -' +,~~ ~~ ~ , ;~;; c~ ~-, ~., _,.~ _. r~;w ~..,, .;._ ~ y •J U~ C~ -°r~ C ' _ $~„ r1 Form RW-02 rev. 10-11-2011 Copyright (c) 2011 form software only The Lackner Group, Inc. Page 1 of 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland } } SS: } Official Use Only Petitioner(s) Printed Name Petitioner(s) Printed Address ~= Tracey E McCall 5655 Hillside Lane ~ Q ~'' ~ t'-1 :'7 ~ '~ Mechanicsburg, PA 17050 ~ m `~ ~ 7/7~s~~s ~} :~wy ~;,:~~ ~ t:~ Cw. ' ~ W F...__a .. ~..~) ~ `~ ...,~,, _.t"I The Petitioner(s) above-named swear(s) or affirm(s) the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner(s) and that, as Personal Representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate accordin to law. Sworn too aff~med and bscribed b fore / ~ ~1~. ~' " ~~L<--~', 1 C ~~~-C C Date t~ GY / ~ me th~ ~ C ay of ~' ~ / , ~ ~ ~ ~ Date ~ ~ r By: ,~ ~ 1,r Date the Register Date BOND Required? I I YES n NO FEES: Lette, fs .......................................... !sue )Short Certificate(s)......... ( )Renunciation(s) .............. ( )Codicil(s) ........................ ( )Affidavit(s) ...................... Bond ............................................. Commission .................................. Other ~~' ii Automation Fee JCS Fee........... TOTAL ............. $ - ~. c ~~ t e•: ~.~=~, ~-~- G' C" ~ ~ •~~ L% To the Register of Wills: r~iease enter my appearance uv my signature neiow: Attorney Signature: , i i ~~,~ Pri ted Namef~ Amy M. Moya Supreme Court ID Number: 91402 Firm Name: L. O. of Susan E. Lederer Address: 5011 Locust Lane Harrisburg, PA 17109 Phone: 717/652-7323 Fax: E-mail: Amy@Ledererlaw.com DECREE OF THE REGISTER Date of Death: 08/20/2012 Social Security No: 182-22-9001 . Estate of Shirley M Gill File No: 21-12 `"' ~`~ a/k/a: AND NOW, ~' ~~ ~ 1 , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Tracey E McCall in the above estate and (if applicable) that the instrument(s) dated 10/26/1994 03/11/2009 described in the Petition be admitted to probate and filed of record as th I s Will (and Cod I(s)) of Decedenf Register of Wills ~ - ~~~ Copyright (c) 2011 form software only The Lackner Group, Inc. ~ P e 2 of 2f~ _ /~ ~. . Last Will of SHIRLEY M. GILL I, SHIRLEY M. GILL, a resident of Dauphin County, Pennsylvania, declare that this is my will. I hereby revoke all my previous wills and codicils. Article One Introductory Provisions Section 1. Marital Status I am currently married to RICHARD D. GILL, and all references to my spouse in this will are to him. Section 2. Children a. The name(s) and birth date(s) of the children of SHIRLEY M. GILL are: Name Birth date KAREN MONSOUR TRACEY GILL August 12, 1957 July 15, 1960 All r:,fcrences t:, the children Of SE~IRLEY M. GILL in this instrume23t aTC to these children and any children subsequently born to or adopted by her. ._..~ .~~ ~' I ~~, ..r..• } ~,p J ~ J ~ ~ 0 ..~ ~~ ~~ C7 ~- ttl C~ `' ~ ~ ~ © ~ ~ ~ C.i ~~~ 1 Article Two Appointment of My Personal Representatives Section 1. Nomination of My Personal Representatives I appoint the following to be my Personal Representative: RICHARD D. GILL If, for any reason, the Personal Representative(s) named above are unable or unwilling to serve, the following successor Personal Representative(s) shall serve until the successor Personal Representative(s) on the list have been exhausted. Unless otherwise specified if Co-Personal Representatives are serving, the next following named successor Personal Representative shall serve only after all of the Co-Personal Representatives cease to act as Personal Representatives. (I) KAREN MONSOUR AND (2) TRACEY GILL, OR THE SURVIVOR OF THEM Section 2. Waiver of Bond No bond or undertaking shall be required of any Personal Representative nominated in my will. Section 3. General Powers My Personal Representative shall have full authority to administer my estate under the laws of the State of Pennsylvania relating to the powers of fiduciaries. My Personal Representative shall have the power to administer my estate under the Independent Administration of Estate Act. la ~a" Article Three Disposition of My Property Section 1. Distribution to My Revocable Living Trust I give all of my property of whatever nature and kind and wherever located to my revocable living trust of which I am the Trustor known as: SHIRLEY M. GILL and RICHARD D. GILL, Trustees, or their successors in trust, under the SHIRLEY M. GILL LIVING TRUST dated OCT 2 6 i~q~4 and any amendments thereto Section 2. Alternate Disposition If my revocable living trust is not in effect for any reason, I give all of my property to my Personal Representative under this will as Trustee who shall hold, administer and distribute my property as a testamentary trust the provisions of which are identical to those of my revocable living trust on the date of execution of my will. Article Four Death Taxes Section 1. Definition of Death Taxes The term "death taxes" as used in my will shall mean all inheritance, estate, succession and other similar taxes that axe payable by any person on account of that person's interest in the estate of the decedent or by reason of the decedent's death including penalties and interest but excluding the following: a. Any addition to the federal estate tax for any "excess retirement accumulation" under Internal Revenue Code Section 4980A. b. Any additional tax that may be assessed under Internal Revenue Code Section 2032A. ~~ 3 c. Any federal or state tax imposed on ageneration-skipping transfer as that term is defined in the federal tax laws unless the applicable tax statutes provide that the generation-skipping transfer tax is payable directly out of the assets of my gross estate. Section 2. Payment of Death Taxes Pursuant to the terms of my revocable living trust all death taxes whether or not attributable to property inventoried in my probate estate shall be paid by the Trustee from that trust. However, if that trust does not exist at the time of my death or if the assets of that trust are insufficient to pay the death taxes in full, I direct my personal representative to pay any death taxes that cannot be paid by the trustee from the assets of my probate estate by prora±ing and apportioning those taxes among the beneficiaries of this will. Notwithstanding any other provision in my trust all death taxes incurred by reason of assets transferred outside of my trust or probate estate shall be assessed against those persons receiving such property. Article Five General Provisions Section 1. No Contest Clause If any person or entity other than me singularly or in conjunction with any other person or entity directly or indirectly contests in any court the validity of this will including any codicils thereto the right of that person or entity to take any interest in my estate shall cease and that person or entity shall be deemed to have predeceased me. Section 2. Captions The captions of Articles, Sections and Paragraphs used in this will are for convenience of reference only and shall have no significance in the construction or interpretation of this will. e~~l^~ ~' ~~ 4 Section 3. Severability 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. Section 4. Governing Law This will shall be construed, regulated and governed by and in accordance with the laws of the State of Pennsylvania. I signed this, my last will, on 0 C T 2 6 1994 . SHIRLEY ILL ~ ~°~a~~~ ~~ 5 T'he foregoing Will was, on the day and year written above, published and declared by SHIRLEY M. GILL in our presence to be her Will. We, in her presence and at her request, and in the presence of each other, have attested the same and have signed our names as attesting witnesses. We declare that at the time of our attestation of this Will, SHIRLEY M. GILL was, according to our best knowledge and belief, of sound mind and memory and under no undue duress or constraint. _~ wi~rrrESs Address: x~~~~ WITNESS Address: ~a~ Ia'~ id 6 ~~ STATE OF PENNSYLVANIA COUNTY OF DAUPHIN SS: .--, We, SHIRLEY M. GILL, ~tZ.Y L..... J~'~c, and S,.,s~ ~, ,the Testatrix and the witnesses, respectively, whose names are signed to the foregoing Will, having been sworn, declared to the undersigned officer that the Testatrix, in the presence of witnesses, signed the instrument as her last Will, that she signed, and that each of the witnesses, in the presence of the Testatrix and in the presence of each other, signed the Will as a witness. WITNESS Su cribed and sworn before me by SHIRLEY M. GILL, the Testatrix, and by ~~~ c-. ~ ~~~5 and S.~.ti.,,..~, E . ~ , the witnesses on Q'~a~e2 obi, 1994. ,~ ~ ~~ ~ otary P lic My cs~mmission expires: NOTARIAL SEAL JENNIFER D. MILLER, Notary Pubfic Hershey, PA Dauphin County My Commission Expires Dune 2,1997 A ,61d(/Q/ ~1 / O J' fD .~ SHIRL .GILL FIRST CODICIL TO THE WILL OF SHIRLEY D. GILL I, SHIRLEY D. GILL, of Harrisburg, Dauphin County, Pennsylvania, declare this to be a First Codicil to my Will dated October 26, 1994. FIRST: Article Two, Section 1 of my Will is hereby revoked and amended as follows: ARTICLE TWO Appointment of My Personal Representatives 1994. Seetior~ 1. Nomination of My Personal Representatives I appoint Tracey Gill McCall to be my Personal Representative. SECOND: In all other respects, I confirm and republish my will dated October 26, I signed this First Codicil to my will on ~~ ;;1~ ~ ~ , 2009. SHIRLEY ~ . ILL ~~. On the date last above written, we saw SHIRLEY M. GILL, in our presence, sign the foregoing instrument at its end. She then declared it to be a First Codicil to her Will and requested us to act as witnesses to it. We then, in her presence and in the presence of each other, signed our names as attesting witnesses, believing her at all times herein mentioned to be of sound mind and memory anti not acting under constraint of any kind. ~ ~f- ~~ ~ ~ ~~C r.~_~___ ~~ ~ ~-1 ~- j~~'` ~G~ rte. --~-~ ` . ~, ,. ~^.,, ~ ,. i. :; i. C..r Y...~ ~..o~. ~ f y `. .. ~~'~ w ~ i4~ S ~ ...L.J .rd..r r~ ~ ,. e N raw ~+ ~ r. om .,......,, ~'! ~~ l a ~ / 4,~ M ~+~i ~~~ ~~ ~ ~ ~ ~ ~ ~~ ~ `~ ~, ~ ~ ~ z COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF DAUPHIN ) We, ~.~ :~~ ~. , ~ c~~.? -~.~~_ and r''~ ~ ~(~ ~`~ ~~i ,the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law do depose and say that we were present and saw the Testatrix sign and execute the instrument as a First Codicil to her Last Will; that the Testatrix 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 a witness; and that to the best of our knowledge the Testatrix was at that time eighteen or more years of age, of sound mind and under no constraint or undue influence. ~, r~~ I, SHIRLEY M. GILL, 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 a First Codicil to my Last Will; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. SHIRLEY Mr. LL, TESTATRIX Subscribed and sworn to and acknowledged before me by SHIRLEY M. GILL, the Testatrix, and subscribed and sworn to before me by -~~~-, ~ , Qom- and ~~`~ ~ ~ ~ ~~j ~ ,witnesses, on ~,~ ern ~, ~ ~ ~ , 2009. ~~ ~4 t N t Public _. c~~~n~r~or~uv~:_~~. ~ ~-j r;~= PENANiI~ ---F-- ..°'°a' ~,?~tar~w Neal .i~cq~eli~-e ~~. n~sck, ivotary Public i_owre~ Paxton ~~~r~~., Ca~phin County ivly Con~~iss~cn iwxpi~s Oct. 25, 2010 ~~lember, ~k~ns~ysvar;~~ :'~~~n~i~fior~ of Notaries