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HomeMy WebLinkAbout12-05-12 (3)IN RE: THE ESTATE OF WINIFRED B. BALTOSSER LATE OF UPPER ALLEN TOWNSHIP, PENNSYLVANIA r^~:o C' THE COURT OF COMMO~ AS ~` sY OF PENNSYLVANIA ~- ~,.,, 1.~ IY~ e ` . CUMBERLAND COUNT~=~ ~~-~ ~~ ~ ~ ~ ~ ORPHAN'S COURT DIVIO~T " ~ ~_,~ N0.2012-00801, PA N0.2~ ~~-0801,. ,., ,, ~~~~ e-~. f ...~.,~ Estate Settlement Agreement ~,~ This Agreement is made on October ~, 2012 by and among Donald S. Baltosser, Executor of the estate of Winifred B. Baltosser, deceased (herein referred to as Executor), and Joann H. Black and Donald S. Baltosser as residuary beneficiaries of the said estate (herein collectively referred to as the beneficiaries). In accordance with their desire that the administration of the estate of Winifred B. Baltosser be terminated without the expense and delay of a court accounting, the parties hereto, in consideration of the mutual covenants herein expressed, and intending to be legally bound hereby, agree that: 1. The estate of Winifred B. Baltosser, who died June 30, 2012, is now in the process of administration, Letters Testamentary having been duly granted to the Executor by the Register of Wills of Cumberland County on July 23, 2012. 2. Under the provisions of clause Second of the decedent's will, her residuary estate was given to the following beneficiaries in the fractional shares set forth opposite their names: Donald S. Baltosser '/2 Joann H. Black 1/2 3. However, the parties hereto agree that the remaining balance of the estate assets shall be or have been distributed as set forth below: Asset Beneficiary 1/2 of Lincoln National Life Insurance Annuity Account #270-09525 Joann H. Black 1/2 of Lincoln National Life Insurance Annuity Account #270-09525 Donald S. Baltosser Edward Jones Investment Account #270-09525 Donald S. Baltosser Balance of Estate Account Donald S. Baltosser Without intending to limit the rights or remedies of the Executor, the parties further agree to indemnify the Executor and save the Executor harmless against all liability, loss, and expense (including, but not limited to, costs and counsel fees) which the Executor may incur, whether due to the Executor's negligence or otherwise, as a result of making the above-described distributions without a court audit. h,~ • `'~ ~ 4. The parties, and each of them, hereby forever fully release, compromise, settle, and discharge any and all claims, demands, actions, or causes of action, legal or equitable, absolute or contingent, vested or hereafter to accrue, which any of them may have against any other party hereto or against the estate of Winifred B. Baltosser, deceased, or the Executor thereof, by reason of any matter, cause or thing growing out of or relating to any property or assets of the said estate, or growing out of or relating to any act of the administration of said estate. 5. The parties agree to execute such additional releases as the Executor may submit to them in order to confirm their discharge from any further liability to the parties in connection with the said estate. 6. This Agreement may be executed in multiple counterparts and, when so executed, shall be binding upon all the parties and their respective heirs, next-of--kin, personal representatives, and assigns. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. W' es . ~- ~„ ) /~ .~''~ ,. ,~ ~ ~ <_ •,~~ ~-t„ DONALD S. BALTOSSER, Executor and Beneficiary ~~e.~ ~~ ANN H. BLACK, Beneficiary