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HomeMy WebLinkAbout08-20-13 � 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 aver(s)the following and respectfully request(s)the grant of Letters in the appropriate form: Decedent's Information �',/� _n Name: Richard B Uber File No: _ `�j� �a: (Assigned by Register) a/k/a: _ _ _ __ _ �a: Social Security No: _ _ ___ _ _ _ _ Date of Death: 8/14/2013 Age at death: 81 _ Decedent was domiciled at death in Cumberland ___ _ County, Penns�lvania _. _ (State) with his/her last principal residence at 507�vurse�r�r rv,M_echanic_sburg 17055 Hampden Township Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at 507 Nursery Dr N,Mechanicsburg 17055 Hampden Township Cumberland PA Street address,Post Office and Zip Code City,Township or Borough County State Estimate of value of decedent's property at death: !f domiciled in Pennsylvania................................All personal property $ If not domiciled in Pennsylvania.............................Personal property in Pennsylvania $ Ijnot domiciled in Pennsylvania.............................Personal property in County $ Va[ue ojreal estate in Pennsylvania.............................................................. $ 1,000.00 TOTAL ESTIMATED VAL[IE.... $ �,OOO.00 Real estate in Pennsylvania situated at: 507 NUt'S21y Df N, Mech Hampden Twp Cumberland (Anach additiana!s�ieets,i/�nece.csary.) 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 ofthe Decedent,dated ��/�2/�Q�_2. and Codicil(s) thereto dated _ State relevant circumstances(e.g.renunciation,dead�of exectrtor,etc.) Except as follows:after the execution of the instrument(s)offered for probate Decedent did not marrv,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�tt applicable) _ c.t.a..d.b.n.,d.b.n.c.t.a..pendente lrte,durante absentia,durante mrnoritate 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. ❑ 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.�ny)and l�s(auach additional sheets,if necessary): C7 �,,:; �-��' �'�"1 �w, C � "`' ��' _ _ �» --� _, •. C`�; ' Name Relationship CpA��ress `.-T � w"'. .__ - _ __ _ _ _ ._ _ _ _ ; c.3 ; t'�.t �,.�"' ; �s , � "."' � _ ;,�.� � � ::.� � � � I"' �'� �� � C:..� T:.� , � .:..� . _ ., ' �j �j � "�' � � I c:�"a ---_-� 'i ; �-� �':'' �; _-=-' � 4� � �`� ;:�7 � ,. �'� "",J "" r ._�." �;:W'�w •.�:� "`w°1 � ;'�J �•��rm�lw-nz r���. �n i�zi,i� Page 1 of 2 Oath of Personal Representative °�r���ai use°n'y COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF CUMBERLAND ____ ___ _ } _ . ______ _-_ __ __ _ _ __ _ _ _ _ __ _ ___ _ -_ _ _ Petitioner(s)Printed Name Petitioner(s)Printed Address _ _ 5 Holly Drive Lin.da S Young _ _ _ _ .New Cumberland PA 17070 � � ��� � r"-.A '+T°J . �� � r-.k..� �� r� ....� � ,:. , ._.� _ Ce� ...,.: _;�` _. t; .. ,, �. ._ ,,,, �.,, __ _ -- �.,> �""�"� �..,..� C..� ,p . J�' � F.v 1 ...... � r4..,`. ! . . . . . . �. . � � �..''��� � -'' �J . .,,� �*,...,� � The Petitioner(s)above-named swear(s)or affirm(s)the statements in the foregoing Petition are true and correct to the t5�t c�,f,the��`howle�e and�beli�f� of Petitioner(s)and that,as Personal Representative(s)of the Decedent, e Petitioner(s)will well and truly administer t1��estate`ac.'cordrrt�g to law`��: '�`�`� ��.� �l�:;: �' . �� Sworn to o aff�i-med and subscribed before ��� �. � �.�a pa�g.�a�_�p�� me thi _ t._ da of g-- -- - 'tQ/'ZJ ;�' � p� .�.... j�� Au ust 2013 � �� �� e� `9a By: _ • _i'Q/�' o�'� � o the Register Date BOND Required: ❑ YES � NO To the Register of Wills: FEES: Please enter my appearance by my signature below: , _ _ __ _ __ __ _-___ _ _ __ _ __. __ _ _ Letters.......... . .. . ... . . . . .. $ _20.0__0_ ' Attorney Signature: (4 )Short Certificates(s} . . . . . . 20.00 ' � � ( )Renunciation(s). . . . . . . . . . ,�,�� � ,� ( )Codicil(s) . . . . . . . . . . . . . . ( )At�idavit(s). . . . . . . . . . . . . Bond ... . . .. . . . . . ... . . . . . . . . . . Printed Name: acqueline A Kelly Commission .. . . . . . . . . . . . . . . . . . . Supreme Court Other ID Number: 91973 . . . . . . . . . Will _ _ __ . . . . . . . . . 15.00 Inventory . , , . . . . . . . 15.00 Firm Name: Jan L Brown &Associates _ Inher Tax Return . . . , . , , , . 15.00 Address: 845 Sir Thomas Court Suite 12 � '� ' � � ' ' ' Harrisburg PA 17109 _ _- _ __ . . . . .. . . . . _ Phone: 717-541-5550 _ _. _ _ . ___ __ _ . .. . .. . . . _ X - - Fa : 717 541 9223 Automation Fee ..... .. 23.50 . . ... . .. .. _ - -- _ '� EmaiL• �ackiejlb�verizon.net __ __ _ : TOTA�.. . .. .. . . . . . ......................$ 113.50 � s _ �� �� 1 h a� �UU �c.+� C � Ct-. � S �o w� �x er . DECREE OF THE REGISTER Estate of Richard B Uber File No: ��' ��� ��� aIk/a: _ _ __ AND NOW, August �� , 2013 , in consideration of the fore oin Petition g g � satisfactory proof having been presented before me, IT IS DECREFD that Letters Testamentary are hereby granted to Linda S Young - in the above estate and(if applicable)that the instrument(s)dated November 12, 2012 described in the Petition be admitted to probate and filed of recor a the last Will(and Codicil(s))of D c ent. Register of Wills �j� � l�'ornr IZW-02 rev, l D I l�20!1 ; 1 I � � r..\j /�1 i�.l It d C Q c%.� � �1 � ',� a ;"i �,,.,� C'.,� ...i..y r-'`� , •°° ',�;;:f ("`3"� :: �"""�s '� :• �:::% LAST WILL AND TESTAMENT i�� �.:�� ,r � f1, - ��w� ��, �- � w �, c��.y . . . ,. �F �z,,,.� �:,.� ' � ;� --, �: i' .,..;' � � ��.:a ; ' .: RICHARD B. UBER ` ' j,'�' � ` a 'P , ., � ...r., ......� .,,y �+�� Qt I,RICHARD B.UBER,now domiciled in Cumberland County,Pennsylvania,declare this to be my Last Will and Testament. 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 on any property or interest in property, including taxes assessed on j ointly held assets and nonprobate assets, shall be paid out of and be charged generally against the principal of my residuary estate without reimbursement from any person. The tax shall be paid and allocated from my residuary estate before my residuary estate is divided into shares for my residuary beneficiaries. 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. - 1 - r r Article III I give, devise and bequeath in accordance with any memorandum which 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. Article IV All the rest, residue and remainder of my estate, of whatsoever nature and wheresoever situate,I give,devise and bequeath,IN EQUAL SHARES,to my daughter,LINDA S.YOUNG,of . York County, Pennsylvania, and to my daughter, CAROLYN U. SHAW, of York County, Pennsylvania. It is my wish that LINDA S.YOUNG and CAROLYN U. SHAW use a portion of the funds for my son,RICHARD B.UBER,for a period NOT to exceed ten(10)years and NOT to exceed a total amount of One Hundred Thousand Dollars($100,000.00)over that ten (10)year period. If any of my beneficiaxies predecease me or fail to survive me by thirty (30) days, I give, devise and bequeath her share to her issue who survive me, per stirpes, or if she has no issue, the share(s) are to be added equally to the other shares. Article V Except as otherwise provided in this Will,I have intentionally failed to provide for any other persons or relatives,whether claiming to be an heir and/or relative of mine or not. Insofar as I have failed to provide in this Will for any of my relatives,and/or issue now living or later born or adopted, such failure is intentional and not occasioned by accident or mistake. Specifically,RICHARD B. UBER and his lineal descendants axe not to inherit any monies or property,personal or real,under -2- � . � the terms of this Will. Article VI If any person(s) or entity(ies) singularly or in conjunction with any other person or entity directly or indirectly, by legal proceedings or otherwise in any court, Register of Wills office, department of court records division or other tribunal that in substance contests the validity of this Will,including any gifts,devise,or other provisions,amendments or codicils thereto for that person or persons under the Will, then the right of that person(s) or entity(ies) to take any interest in my estate shall cease,and that person(s)or entity(ies)shall be deemed to have predeceased me without issue. Article VII I understand and direct that my life insurance, annuities, individual retirement accounts (IRAs), in trust for bank accounts and any other assets on which I may designate a beneficiary will pass to the beneficiaries that I have named and will not be controlled by the distribution provisions of this Will. I also understand and direct that any assets I own jointly with another with rights of survivorship or a presumed rights of survivorship(whether the joint ownership was created before or after this Will) will pass to the surviving joint owner and distribution of such assets will not be controlled by the provisions of this Will. Article VIII If a beneficiary under this Will has not attained the age of thirty(30)years,the share of the beneficiary shall be placed in a separate trust, for the benefit of that beneficiary according to the terms in Article IX. - 3 - Article IX In the event that a Trust is created by or as a result of any part of this Will, the terms and conditions of the Trust shall be as follows: A. To expend and apply so much of the net income and so much of the principal of the Trust as the Trustee shall consider advisable for the support,health, caxe and education(including college,trade school, or other similar training or education)of the beneficiary until the beneficiary attains the age of thirty(30)years. B. Upon attaining the age of thirty(30)years,the remaining principal and accumulated income of the beneficiary's share shall be distributed outright to the beneficiary. C. If any beneficiary dies before the complete termination of his or her trust,the Trustee shall divide any remaining trust property into shares for the beneficiary's issue then living, per stirpes, or if none, in accordance with the provisions in Article IV of this Will. D. No beneficiary or remainderman of this Trust shall have any right to alienate, encumber, or hypothecate his or her interest in the principal or income of the Trust in any manner, nor shall any interest be subject to claims of his or her creditors or liable to attachment,execution,or other processes of law. Article X I hereby appoint LINDA S.YOUNG as Trustee of any Trust(s)created in this Will for the benefit of CAROLYN U. SHAW's lineal descendants. In the event of the renunciation, death, resignation, or inability to act, for any reason whatsoever of LINDA S. YOUNG, I nominate and appoint my son-in-law,THOMAS SHAW,of York County,Pennsylvania,as Successor Trustee of any Trust(s) created in this Will for the benefit of CAROLYN U. SHAW's lineal descendants. -4- I hereby appoint CAROLYN U. SHAW as Trustee of any Trust(s) created in this Will for the benefit of LINDA S. YOUNG's lineal descendants. In the event of the renunciation, death, resignation,or inability to act,for any reason whatsoever of CAROLYN U.SHAW,I nominate and appoint my son-in-law, EDWIN S. YOUNG, II, of York County, Pennsylvania, as Successor Trustee of any Trust(s) created in this Will for the benefit of LINDA S. YOUNG's lineal descendants. Article XI In order to carry out the purposes of the Trust established by this Will, 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, (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, (� to file fiduciary/income tax returns and pay the tax due for any year for which such a return is required, (g) to ma1�e distributions in cash or in kind,or in both,and to determine the value of any such property, - 5 - (h) to employ any attorney,investment advisor,or other agent deemed necessary by my Executor or Trustee; and to pay from my estate reasonable compensation for all their services, (i) 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 (j) to receive reasonable compensation in accordance with their standard schedule of fees in effect while their services are performed. Article XII I nominate, constitute, and appoint LINDA S. YOUNG as Executrix of my Last Will and Testament. In the event of the renunciation, death, or inability to act,for any reason whatsoever of my Executrix,I nominate,constitute and appoint CAROLYN U.SHAW as successor Executrix of my Last Will and Testament. I direct that my Executrix or successor Executrix be permitted to serve without bond and 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 Executrix and successor Executrix shall receive reasonable compensation for services rendered to my estate. Article XIII In addition to the powers conferred by law, I authorize my Executrix and successor : Executrix, in her 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, - 6- (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, (� 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 Executor; 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, (j) to file any qualified disclaimer I could have if living, and (k) to receive reasonable compensation in accordance with their standard schedule of fees in effect while their services are performed. - 7- , . IN WITNESS WHEREOF,I,RICHARD B.UBER,hereby set my hand to this my Last Will and Testament, on �(�V�,(1ti�X ��.,, 2012. , . , � ��� 1��� RICHARD B. UBER In our presence,the above-named RICHARD B.UBER signed this and declared this to be his Last Will and Testament, and now at his request, in his presence, and in the presence of each other,we sign as witnesses. Name � Address 845 Sir Thomas Court,Suite 12,Harrisbur�,PA 17109 � � 845 Sir Thomas Court,Suite 12,Harrisburg,PA 17109 - 8- I, RICHARD B. UBER, 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 RICHARD B. UBER,the Testator, on Nbv'cxx.,�r.r I� ,2012. ��� n> • c��� Notary Public RICHARD B. UBER COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Melissa L. Smith, Notary Pubiic Gettysburg Borough,Adams County My Gomm��slQn�xpires.1une 13,2014 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 (18) years or more of age, of sound mind, and under no constraint or undue influence. Sworn to or affirmed and subscribed to before me � by�1 G�. and � W' ess witnesses, on I�b�t,mbcr I a , 2012. �� � � Wit ss Notary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Melissa L.Smith, Notary Public Gettysburg Borough,Adams County _ 9_ My ComrY11lNon Explres June 13,2014