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HomeMy WebLinkAbout01-05-05 PETITION FOR PROBATE and GRANT OF LETTERS also known as To: Register of Wills for the Deceased. County of ~-~ttnl~t0 in the Social Security No. Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years of age or older an the execut~ named in the last will of the above~ecedent, dated and codicil(s) dated 14/tA ' (state relevant circumstances, e.g. renunciation, death of executor, etc.) Decendent was domiciled at death in ~ct ~Sff~ County, Pennsylvania, with h ~$ last family or principal residence at lo~'~, (list street, number and muncipality) Decendent, then. 7~ years of.age, died ~>~NII~'~ Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted after execution of,the will offered for probate; was not the victim of a killing and was never adjudicated incompetent: ~_/~ ' Decendent at death owned property with estimated values as follows: (If domiciled in Pa.) All personal property $ (If not domiciled in Pa.) Personal property in Pennsylvania $ (If not domiciled in Pa.) Personal property in County $ Value of real estate in PennsyJvania $ situated as follows: WHEREFORE, petitioner(s) respectfully, request(s), the probgte of the las~ will and coq~l(s) presented herewith and the grant of letters W'~~ ' (testamenta' ~; administration c.t.a.; ad~n d.b.n~.a.) theron. ~.~ (~ ~ ~ / ~ 7~ ~ OATH OFPERSONAL REP~SENTATIVE CO~ONWEALTH OF PENNSYLVANIA COUNTY OF C~ B~_L~ f ss The petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing petition are true and correct to the best of the knowledge and beSef of petitioner(s) and that ~ person~ represen- tative(s) of the above decedent petitioner(s) will well and truly admiMstei the estate, according to law. Sworn to or affirmed and subscribed c /~ before me this . ~ day of_/.~ Estate 6f VI ~ IA_ I PCtY~ ~~ ~ 1~ E. , , Deceased DECI~E OF ?R@BATE AND GP~ANT OF LETTERS , in consideration of the petition on ~e reverse side hereof, satisfacto~- proof havin~ been presented before me, iT iS DBC~BD that the inst~ment(s) date~ ~ a ~ ~00~ described therein be admitted to probate ~d filed of record as the last will of ~ [ ~[ ~ C ~ ~ [~ ~d Letters . T~6TS*~ ~T~ ~ ; are hereby ~antcd to bO~~ ~ ~ ~k~ Register of WilI~ ' ' :'VrD FEES Probate, Letters,.Etc .......... Short Certific~a.t~s(7..) ... ~ ...... $ ~), 00 ATTORNEY (Sup. Ct. I.D. No.) ,,TcO~-6.,F~e $ 15,00 TOTAL $ ~ ~. 0 0 ADDRESS Filed .................... :...~ .......... PHONE I05.805 REV 9/86 This is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. WARNING: It is illegal to duplicate this copy by photostat or photograph.~Z/~05-~l ~) ,,"' ~ Local Registrar P 10898814 JAN 032005 ~ c.o (Xi ~5 Date N105.143 Rev ~87 COMMONW~LTH OF PENNSYLVANIA * DEPARTMENT OF H~LTH * VITAL RECORDS CERTIFICATE OF DEATH 1052 Tunb~ry Co~t ~,*.~c~. DATE OF DISP~ITION Z 7 0 5 0 21a. m~ ~ ~a~ ) ~ST d g, de.~ occ~d due ~ the .u.~.} and ~,~.h~t~n~" d.lh a~ ~'t~ em 23 .............. ) LAST WILL AND TESTAMENT OF CLERK OF WILL~M C. WR YE ORPHeUm'S COURT ARTICLE I IDENTIFICATION OF FAMILY I am married to Elaine S. Wrye and all references in this Will to "my Elaine S. Wrye. spouse" are references to The names of my children arc Douglas Lee Wrye, David William Wrye, and Karen Wrye Campbelt All references in this Will to "my children" are references to thc above-named children. ARTICLE H PAYMENTS OF DEBTS AND EXPENSES I direct that my just debts, funeral expenses, and expenses of last illness be first paid from my estate. ARTICLE HI DISPOSITION OF PROPERTY Residuary Es~te. I direct that my residuary estate be distributed to my spouse, Elaine S. Wrye. If my spouse does not survive me, my residuary estate shall be distributed to my child(rcm) in equal shares. Ifa child of mine does not survive me, such deceased child's share shall be distributed in equal shares to the children of such deceased child who survive me, by right of representation. Ifa child of mine does not survive me and has no children who survive me, such deceased child's share shall be distributed in equal shares to my other children, if any, or to their respective children by right of representation. If no child of mine survives me, and if none of my deceased children are survived by children, my residuary estate shall be distributed tomy heirs-at-law, their identities and respective shares to be determined under the laws of the State of Pennsylvania, then in effect, as if I had died intestate at the time fixed for distribution under this provision. ARTICLE IV NOMINATION OF EXECUTOR I nominate Douglas Lee Wrye, of Lake Dallas, Texas, as the Executor,without bond or security. If such person or entity does not serve for any reason, I nominate David William Wryq of Camp Hill Pennsylvani~ to be the Executor, without bond or security. ARTICLE V EXECUTOR POWERS My Executor, in addition to other powers and authority granted by law or necessary or appropriate for proper administration, shall have the fight and power to lease, sell, mortgage, or otherwise encumber any real or personal property that may be included in my estate, without order of court and without notice to anyone. My Executor shall have the right to administer my estate using "informal", "unsupervised", or "independent" probate or equivalent legislation designed to operate without unnecessary intervention by the probate court. ARTICLE VI MISCELLANEOUS PROVISIONS A. P ~magraph Titles and Gender. The rifles given to the paragraphs of this Will are inserted for reference purposes only and are hot to be considered as forming a part of this Will in interpreting its provisions. All words used in this Will in any gender shall extend to and include all genders, and any singular words shall include the plural expression, and vice versa, specifically including "child" and "children", when the context or facts so require, and any pronouns shall be taken to refer to the person or persons intended regardless of gender or number. B. Common Disaster. If my spouse and I die under circumstances such that there is no clear or convincing evidence as to the order of our deaths, or if it is difficult or impractical to determine which person survived the death of the other person, it shall, for the purpose of distribution of my life insurance, property passing under any Trust or other contracts, if any, and property passing under this Will, be conclusively presumed that Isurvived the death of my spouse. C. Liabilit~ of Fiduciat% No fiduciary who is a natural person shall, in the absence of fraudulent conduct or bad faith, be liable individually to any beneficiary of my estate, and my estate shall indemnify such natural person fi.om any and ail claims or expenses in connection with or arising out of that fiduciary's good faith actions or nonactions as the fiduciary, except for such actions or nonactions which constitute fraudulent conduct or bad faith. -2- D. Beneficiar~ Di.spute~_. If any bequest requires that the bequest be distributed between or among two or more beneficiaries, the specific items of property comprising the respective shares shall be determined by such beneficiaries if they can agree, and if not, by myExecutor. IN..~tl~SS WHEREOF, i have subscribed my name below, this ~ iZ~ 7// ,J~/.,t~ , _,,~:1~. day of Testator Signamre: .~~~_~~ ~~ William C. Wrye .._W_e,! ~.e tm.dersigne, d., h,e~e..by certify t.~t the above instrument, which consists of pages. mc~uamg me page(s) which contain the witness signatures, was signed in our sight and preser~ee by William C. Wrye (the "Testator"), who declared this instrument to be his/her Last Will and Testament and we, at the Testators request and in the Testator's sight and presence, and in the sight and presence of each other, do hereby subscribe our names as witnesses on the date shown above. Witness Signature: Name: City: State: Witness Signature: Name: City: State: Witness Signature: Name: City: State: -3- PENNSYLVANIA Serf-Proving Clause cot ¥o , I, William C. Wryg the Testator, 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 my Last Will; that I signed it willingly and as my free and voluntary act for the purposes expressed in the instrument. Sworn to or,._,affi.rme, d _and acknowledged bqfore me by William C. Wryq the Testator, this / ~ V-/'[ dayof ~ , ~0~/.~. .. William C. Wrye Signa~cer Mmy Aii~e Bitz~, No~ Publi~ ~ ~ ~., C~ Coun~ ~ ~~ E~i~ A~. 29, 2~7 ~ ~, ~.~.~ ~,~o, o~ N~.. Offici~ cap~i~ COMMO~ALTH OF PENNSYLVANIA COUNTY OF We, and and athe wiinesses 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 Testator sign and execute the instrument as the Testator's Last Will; that the Testator signed willingly and executed it as the Testators flee and voluntary act for the purposes expressed in it; that each of us in the hearing and sight of the Testator signed the Will as a witness; and that to the best of our knowledge the Testator was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. Sworn to or affirmed and subscribed to before me by and and wimesses, this ~ day of , Witness Signature: Name: City: State: Witness Signature: Name: City: State: Witness Signature: Name: City: State: Si~tmature Seal and official capacity of officer -2- Final Checklist for Will - Parents with Adult Children Willmaker: William (2. Wrye August 28, 2000 This Will is not valid unless it is signed by a Willmaker who is of"sound mLnd" and of the minimum age or older for this state. In most states, the minimum age is 18. Some states permit an individual below the minimum age to sign a will if the person is married or in the military. Being of "sound mind" requires that the Willmaker: (a) know that he or she is signing a will, (b) know the general nature and extent of his or her property, and (c) know the descendants or other relatives that would ordinarily be expected to share in the estate. _ The Will should be signed byWilliam C. Wryein the presence of three DISINTERESTED adult witnesses and a notary public. Many states require only two witnesses, but the signature ora third witness provides some protection against the possibility that one of the witness' signature will be invalid for some reason. For example, a person should not be a witness if that person is a beneficiary under the Will. In most states, ifa beneficiary's signature is counted in order to satisfy the minimum number of witnesses, then the Will is not necessarily invalidated, but that "interested witness" may not receive a share of the estate any larger than if the Willmaker had died without a will. ~ All of the witnesses must watch [/fi sign this Will. William C. Wryeshould verbally declare that the document is intended to be his or her Last Will and Testament, but the witnesses need not read the Will or know of its contents. ~ Each witness must sign his or her name with the Willmaker and the other witnesses present. The witnesses should be satisfied that the Willmaker willingly signed the document as his or her free and voluntary act, and that the Willmaker was of full age and sound mind. William C. Wrye should initial on the bottom margin of each page of the Will. This is done to prevent the subsequent substitution of pages. To prim out a line for initials at the bottom of each page of your document, choose "Preferences" from to the "View" menu, click on the "Print" tab and mark the appropriate checkbox The date should be filled in wherever requested, using the date on which the actual signing takes place. This step could become essential to the validity of the Will (for example, if this Will revokes an earlier Will). The number of total pages in the Will should be indicated, including the page(s) on which the witness signature lines appear. The page with the affidavit, if included, should not be counted because the affidavit is not a part of the Will itself. Attachments ~ The self-proving affidavit CProof of Will" in some states) is a document which should be signed and attached to the end of the Will, and which contains the Willmaker's acknowledgment and the affidavit of the witnesses, made before a person authorized to take acknowledgments and administer oaths. The affidavit recites that the requisite formalities were observed in signing the Will. Although attaching the affidavit has nothing to do with the legality of the Will itself, it can speed the admission of the Will to probate after the death of the Willmaker because it eliminates the need to have a witness appear at the probate proceeding to testify that the formalities in si~ing the Will were followed. The witnesses may not be available later when they are needed. A self-proved Will may be admitted to probate without additional witnesses or affidavits, but it is still subject to contest on such grounds as undue influence, lack of testamentary capacity, or prior revocation. Some states do not recognize the self-proving option. Therefore, the affidavit will be of no use in those states. However, including the affidavit in those states will not invalidate the Will. Copies * The original of the Will should be kept in a secure location such as a safe deposit box at a bank, because only the signed original can be probated. A copy could be kept in the Willmaker's home files. * The Willmaker may wish to provide a copy to his or her lawyer, or possibly to the person named as Executor or Trustee. However, before distributing such copies, the Willmaker should consider that it may become awkward to retrieve them later, should the Willmaker decide to modify the Will and/or change the designation of Executor or Trustee. When to Consult a Lawyer * If thc Willmaker is unable to sign due to physical disability, another person may be able to sign on behalf of the Willmaker, in the Willmaker's presence, and at the express direction of the Willmaker. However, this document does not provide the necessary langu_o_ge for another person to sign for the Willmaker. For assistance with this procedure, a lawyer should be contacted. Other Information -2- * This Will does not dispose of property which passes on the death of the Willmaker to a person by operation of law or by any contract. For example, the Will does not dispose of joint tenancy assets (if married) or the Willmakefs spouse's share of community property, and it does not normally apply to proceeds of life insurance on the Willmaker's life or to his or her retirement plan benefits. * This Will is not designed to reduce taxes. The tax results of the choices made in this Will should be discussed with a competent tax advisor. * In most states, the Will cannot be changed by adding, deleting, or modifying words on the face of the Will. Such changes are usually disregarded. When changes are desired, it is recommended that the Will be revoked by signing a new Will which expressly revokes the former Will. For example, if the Willmaker marries or divorces after the Will is signed, he or she should make and sign a new will. Reasons to Update * A change in marital status. * The birth or adoption of children. A new will with provisions for minor children should be created. * A move to another state. * A significant change in financial status. * A significant change in tax laws. * The death of a beneficiary. For example, your spouse or your child. * A desire to add or change beneficiaries. * The death or incapacity of a named executor, guardian, or trustee. -3-