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HomeMy WebLinkAbout05-17-13 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 averts)the following and respectfully requests the grant of Letters in the appropriate form: William R Meredith and Stephen D Meredith Decedent's Information Name: William J.Meredith File No: 21 - a/k/a: (Assigned by Register) a/k/a: a/k/a: Date of Death: 0 411 312 01 3 Age at Death: 84 Decedent was domiciled at death in Cumberland County, PA (State)with his/her last principal residence at 165 Linn Dr.,Carlisle 17013 Carlisle Cumberland Street address,Post 01 and Zip Code City,Township or Borough County Decedent died at 165 Linn Dr.,Carlisle 17013 Carlisle Cumberland PA Street address,Post Office and Zip Code City,Township or Borough County stale Estimate of value of decedent's property at death: If domiciled in Pennsylvania...................... All personal property $ 185,000.00 If not domiciled in Pennsylvania................ Personal property in Pennsylvania $ If not domiciled in Pennsylvania................ Personal property in County $ Value of real estate in Pennsylvania................................................................... $ 167,000.00 TOTAL ESTIMATED VALUE $ 352,000.00 Real estate in Pennsylvania situated at 165 Linn Dr.,Carlisle 17013 Carlisle Cumberland (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)that he/she/they is/are the Executor(s)named in the Last Will of the Decedent,dated 02/21/2010 and Codicil(s) thereto dated State relevant circumstances(e g.,renunciation,death of executor,etc.) Except as follows:after the execution of the instruments)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 ❑ EXCEPTIONS ❑ B. Petition for Grant of Letters of Administration (If applicable) a t.a.,d.b.n.,d.b.n.c.t.a.,pedente lite,durante absentia.durante minoritate If Administration,c.t.a ord.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 pending divorce proceedin 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 spouse(if any)and heirs(attach additional sheets,if necessary): Name Relationship Address r _ ti 'q r ;: -71 O 2 C7 T O to CS ?7 Form RW-02 rev.10-if-2011 Copyright(c)2011 form software only The Lackner Group,Inc. Page 1 of 2 Oath of Personal Representative on =;v10 01r 11 COMMONWEALTH OF PENNSYLVANIA } } COUNTY OF Cumberland } SS: Petitlonerts)Printed Name Pelitloner(s)Printed Address .a p w jTj rn William R Meredith 404 Pine Grove Rd. Do Gardners,PA 17324 f�1 g C.) to C r r m n Stephen D Meredith 12 West Green St. Cn -.0 Mechanicsburg,PA 17055 r5 . x C3 y C=]) rsi yj (!'7 C(3 CY The Pertioner(s)abovomimed swears)of affirm(s)the statements in the foregoing Petition are true and correct to the best of the knowledge and ueltet of Petitioner{s)and that,as Personal Represenlativets)of the Decedent,Pelitioner(s)vAl wren and truly administer the estate according to to Svaom to or If rrhl�sAs rib -1 before -� �fl� -ems \ n.�� S/!7/!3 me tl;is Z bran By Claw BOND Required? F� YES ❑X NO Tome RacWero0ViAsr FEES Please enter my appearance by my signature below: Letters ..............................._. .. S 360.00 Attorney Signature; ( 5 )Short Cenificate(s)......... 25.00 ( (Codicil(s)......_......_.....,.. { )Affidavit(s)...................,. Printed Name: Linda J.Olson Esq. Bond... ....._.................... ........ Supreme Court Commission-._._.... ................... ID Number: 02859 Olher Inheritance Tax return 15100 Firm Name: Hazen Elder Law Inventory 15.00 Address, 2000 Linglestnwn Road,Ste 202 Will 15.00 Suite 202 Harrisburg,PA 17110 Phone- 717-540.4332 Automation Fec............................ 5.00 Fax: 777-540-4313 JCS Pee....... _.... . .._........._...,.. 23.50 TOTAL_........................._............ g 455.50 E-mail: ioisen @hazenelderlaw.com DECREE OF THE REGISTER Date of Death: 04f13/2013 Social Security No: Estateof William J.Meredith File-No: 21 atkta AND NOW, ,in consideration of the foregoing Petition, sallsfacloryproof having been preserved before me.IT IS DECREED that Letters testamentary are hereby granted to William R Meredith and Stephen D Meredith in the above estate and(if apphcabte)mat the insirumenitsl dated 021,2112010 described in the Petition be admmmat'ecl to probate and filed of record as the last Will(and Codicil(s))of Decedent, y)nP I ��QJ Repisterof Wills Play II�+rmr�l te;2]=t t:em 'nn,e onry eLack,�ernp ln„ µa 2m9 Oath of Personal Representative Offidal Use Only COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF Cumberland } Petitioner(s)Printed Name Pertitioner(s)Printed Address William R Meredith 404 Pine Grove Rd. Gardners,PA 17324 Stephen D Meredith 12 West Green St. Mechanicsburg,PA 17055 a �� anti "t? The Petitioner(s)above-named swear(s)or affirm(s)the statements in the foregoing Petition are true and correctnto the be"the k6owilidge and belief of Petitioners)and that,as Personal Representatives)of the Decedent, Petitioner(s)will well and truty administer th"staWabcoMing to law. Sworn to of-��ned andtsLLt}B xibed before 1A1,a� Li -- ro Dew 0s r� me th's 1 da�oF `^�— -..--- —""'— Data By: "-�f1' Date eg,s er V. owe J BOND Required? ❑ YES 0 NO To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters..............-.......................... -$ .380.00. .. Attorney Sig lure: / ( 5 )Short Cadion(s)-(..._....... 25.00 42 /�. C� ( }Renunciatlon(s)__.......... ( )Codicil(s)....._..........._.... ( )Affidavit(s)...................... Printed Name: Linda J.Olsen Esq. Bond............................................. Supreme Court Commission.......____................ to Number: 92858 Other Inheritance Tax return 15.00 Firm Name: Hazen Elder Law Inventory 15.00 Address: 2000 Lingiestown Road,Ste 202 Will 15.00 Suite 202 Harrisburg,PA 17110 Phone: 717-540.4332 Automation Fee,,.,,....... ............... 5.00 Fax: 717-544-4313 JCSFee...____............................ 23.50 TOTAL...................._.............. $ 458.50 E-mail: loisen @hazeneiderlaw.com DECREE OF THE REGISTER Date of Death: 0411312013 Social Security No: Estate of William J.Meredith File No: 21 atkta: AND NOW ,inconsideration of the foregoing Petition, satisfactory proof having been pre0ifted before me, IT IS DECREED that Letters Testamentary are hereby granted to William R Meredith and Stephen D Meredith in the above estate and(if applicable)that the instrument(s)dated 02/21/2010 described in the Petition be admitted to probate and filed of record as the last Will(and Codicii(s)of Decedent. qis er of Wills Copyrighl(c)2011form software only The Lackner Group, nc. %Pa of2 /3 LAST WILL AND TESTAMENT c w m OF C M � a rn � n !i7 �y WILLIAM J. MEREDITH r nt r r.i ' -: CJ C1 C;7 _? Y➢ 'R I,WILLIAM J.MEREDITH,now domiciled in Cumberland County,Pennsyl6riia,declare this to be my Last Will. I revoke all other Wills and Codicils that I may have previously made. Article I My just debts and expenses of my last illness, funeral, and administration of my estate shall .be paid by my Executor from the principal of my residuary estate as soon as practicable after my death. Article II All inheritance,estate, and succession taxes(including interest and penalties thereon,but not including any generation skipping tax) payable by reason of my death shall be paid out of and be charged generally against the principal of my residuary estate without reimbursement from any person. This provision is not a waiver of any right which my Executor has to claim reimbursement for any such taxes which become payable as the result of any property over which I have the power of appointment. Article III I give, devise and bequeath my tangible personal property in accordance with any memorandum I have either handwritten or signed,located with my Will or with my valuable papers and found within 30 days of the probate of my Will. Gifts may only be to persons who survive me or to organizations which exist at my death,and if there is a conflict,the memorandum having the latest date shall govern. To the extent no such memorandum is found, or all of my tangible personal property is not disposed of pursuant thereto, my tangible personal property shall be added to my residuary estate and pass under Article V hereof. Article IV If my spouse, CONSTANCE G. MEREDITH, survives me by one hundred seventy(170) days, I give,devise and bequeath to my spouse cash, securities or other property of my estate having a value equal to the amount, if any, that my spouse would be entitled to receive if she exercised her elective share rights as set forth in section 2201 et seq. of the Pennsylvania Probate, Estates and Fiduciaries Code (the "PEF Code"); provided, however, that this bequest shall be reduced to the extent my spouse has waived the right to elect under PEF Code section 2207 or forfeited the right to elect under PEF Code section 2208. In computing the amount of this bequest,it shall be assumed that my spouse has elected under PEF Code section 2204(c)to retain all beneficial interests in property that she would otherwise be required to disclaim if she exercised her elective share rights. Provided my spouse survives me for one hundred seventy(170)days and she has not waived or forfeited her elective share rights, it is my intention, that as a result of my death, she receive property having a value equal to (but not more than) that which she would receive if she were to exercise her elective share rights. My Executor shall have the sole discretion to select the assets which shall constitute this bequest. If my spouse does not survive me by one hundred seventy(170) days, or in the event my spouse (or her legal representative) disclaims any portion of this bequest, this bequest, or the disclaimed portion thereof, shall be distributed as part of my residuary estate. This bequest shall be distributed, in trust, to my hereinafter-named Trustee to be held, administered and distributed as follows: A. To expend and apply so much of the net income and so much of the principal of the 2 Trust as the Trustee shall consider advisable for the support,health, and care of CONSTANCE G. MEREDITH, for the remainder of her lifetime. B. In the event of CONSTANCE G.MEREDITH's death,the trust shall terminate,and the remaining principal and accumulated income of the trust shall be distributed in equal shares outright to my children WILLIAM R.MEREDITH and STEPHEN D.MEREDITH,per stirpes. C. No beneficiary or remainderman of this Trust shall have any right to alienate, encumber,or hypothecate his interest in the principal or income of the Trust in any manner,nor shall any interest be subject to claims of his creditors or liable to attachment,execution,or other processes of law. D. I hereby appoint my son, WILLIAM R. MEREDITH, as Trustee of any Trust(s) created in this Will for the benefit of my spouse. In the event of the renunciation,death, or inability to act, for any reason whatsoever of WILLIAM R.MEREDITH,I nominate,constitute and appoint my son, STEPHEN D.MEREDITH, successor Trustee,of any Trust(s)created in this Will for the benefit of my spouse. E. In order to carry out the purposes of the Trust established by this Will for the benefit of CONSTANCE G.MEREDITH,the Trustee,in addition to all other powers granted by this Will or by law, shall have the following powers over the Trust estate, subject to any limitations specified elsewhere in this Will: (a) to retain in the form received and/or to sell either at public or private sale,any real estate or personal property except that which I specifically bequeath herein; (b) to manage real estate; (c) to invest and reinvest in all forms of property without being confined to legal investments, and without regard to the principal of diversification; 3 (d) to exercise any option or right arising from the ownership of investments; (e) to compromise claims without court approval and without consent of any beneficiary; (f) to file fiduciary/income tax returns and pay the tax due for any year for which such a return is required; (g) to make distributions in cash or in kind,or in both,and to determine the value of any such property; (h) to receive required minimum distributions from any individual retirement account of which the trust beneficiary is the beneficiary; to make elections with regard to individual retirement accounts;and to distribute the required minimum distribution to the trust beneficiary(ies). Payments made hereunder to or for the trust beneficiary's benefit from any qualified plan or individual retirement account payable to the trust by reason of my death shall equal at least the amount of the mandatory minimum distributions from such plans or accounts and shall comply with the requirements of Revenue Ruling 89-89, I.R.S. 1989-27. No qualified assets shall be used to pay administrative expenses or taxes of my estate; (i) to employ any attorney,investment advisor,or other agent deemed necessary by my Executor; to pay from my estate reasonable compensation for all their services; (j) to conduct along with or with others, any business in which I am engaged in or have an interest in at the time of my death; and (k) to receive reasonable compensation in accordance with their standard schedule of fees in effect while their services are performed. Article V All the rest, residue and remainder of my estate, of whatsoever nature and wheresoever -4- situate, I give, devise and bequeath IN EQUAL SHARES to my children: WILLIAM R. MEREDITH, currently of Adams County, Pennsylvania, and STEPHEN D. MEREDITH, currently of Cumberland County,Pennsylvania,per stirpes. If a beneficiary does not survive me by thirty(30)days,but leaves descendants who survive me by thirty(30)days,those descendants shall receive,per stirpes, the share the beneficiary would have received had he or she survived me by thirty(30) days. Article VI I nominate, constitute, and appoint my sons,WILLIAM R.MEREDITH and STEPHEN D. MEREDITH, Co-Executors of my Last Will and Testament. 1 direct that my Co-Executors be permitted to serve without bond. In addition to those powers granted by law, I grant them power to distribute in cash or in kind, in like or in unlike shares, and to file any qualified disclaimer I could have filed if living. My Co-Executors shall receive reasonable compensation for services rendered to my estate. Article VII In addition to the powers conferred by law, I authorize my Co-Executors in their absolute discretion: (a) to retain in the form received and to sell either at public or private sale,any real estate or personal property except that which I specifically bequeath herein, (b) to manage real estate, (c) to invest and reinvest in all forms of property without being confined to legal investments, and without regard to the principal of diversification, (d) to exercise any option or right arising from the ownership of investments, (e) to compromise claims without court approval and without consent of any beneficiary, -5- (f) to file any federal income tax return for any year for which I have not filed such return prior to my death, (g) to make distributions in cash or in kind,or in both, and to determine the value of any such property, (h) to employ any attorney, investment advisor, or other agent deemed necessary by my Co-Executors; and to pay from my estate reasonable compensation for all their services, (i) to conduct alone or with others, any business in which I am engaged in, or have an interest in at time of my death, and (j) to receive reasonable compensation in accordance with their standard schedule of fees in effect while their services are performed. IN WITNESS WHEREOF, I, WILLIAM J. MEREDITH, hereby set my hand to this my Last Will and Testament, on At? < < 2010, at Harrisburg, Pennsylvania. WILLIAM J. EREDITH In our presence,the above-named WILLIAM J.MEREDITH signed this and declared this to be his Last Will and now at his request,in his presence,and in the presence of each other,we sign as witnesses. Name Address 2000 Linelestown Rd., Suite 202, Harrisburg PA 17110 9 Cony t� 2000 Linglestown Rd., Suite 202, Harrisburg PA 17110 6 1,WILLIAM J.MEREDITH,Testator,who signed the foregoing instrument,having been duly qualified according to law,acknowledge that I signed and executed this instrument as my Will, and that I signed it willingly as my free and voluntary act for the purposes therein expressed. Sworn to or affirmed and acknowledged before me by WILLIAM J. MEREDITH, the Testator, on , 2010. Notary Public WILLIAM J""MEREDITH COMMONWEALTH OF PENNSYLVANIA Notarial Seal Melissa M.Kaln,Notary Public Susquehanna Twp.,Dauphin County My Commission Expires Aug.11,2010 We, the undersigned witnesses who signed the foregoing instrument, being duly qualified according to law, depose and say that we were present and saw the Testator sign and execute this instrument as his Will; that he signed and executed it willingly as his free and voluntary act for the purposes therein expressed;that each of us in his sight and hearing signed the Will as witnesses,and that to the best of our knowledge, that he was at that time eighteen (IS) years or more of age, of sound mind, and under no constraint or undue influence. Sworn to or affirmed and subscribed to before nje by ihne vwtR �t31 t cc�4 �`k2P / and MyL� (? ��Pn�rrn Witness witnesses, on 12010. � P Witn ss Notary Public COMMONWEALTH gF PENN Y ANI Notarial Seal Melissa M.Kain,Notary Public Susquehanna Twp.,Dauphin County My Commission Expires Aug.11,2010 7