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Home My WebLink About09-20-13 Pa. O.C. Rule 6.12 STATUS REPORT REGISTER OF WILLS OF �e%t G W&1,0 Zl COUNTY, PENNSYLVANIA Name of Decedent: /�/'�pkpe -s Date of Death: CYCIoll-&& ��'ZO 6/ File Number: ^ O/4070 Pursuant to Pa. O.C. Rule 6.12, I report the following with respect to completion of the administration of the above-captioned estate: 1. State whether administration of the estate is complete: . . . . . . . . . . . . . . . . . . . . Yes ❑No 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: 3. If the answer to No. I is YES, state the following: a. Did the personal representative file a final account with the Court? . . . . . . . .KYes 0 N b. The separate Orphans' Court No. (if any) for the personal representative's account is: c. Did the personal representative state an account � informally to the parties in interest? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑Yes MNo d. Copies of receipts,releases,joinders and approvals of formal or informal accounts may be filed 9 with�the�Clerk of the Orphans' Court a d ma be att ached to this report. Vale / / ��/ • /� $ignnnme o rson Filing phis Form Capacity: xPersonalReprese/ntative ❑Counsel ru '• !w0 �sTft1 'iC!YJ�6LS co VO C. Namegf Person Fil' g this Form / .:� •¢ - yL7i[/� .(/'N awl w Add r : C-- ; c U = W o —; �: m Telephone .Form RM 0 rev. 10.13.06 Family Agreement—Waiving Filing of Account This Agreement entered into this 1 Oa' day of September, 2012, by Timothy M. Adams as Executor under the will dated December 24, 1986, of Geraldine M. Adams, Deceased, and Rogene C. Jennings, Calvin J. Adams, Joy L. Gray and Thomas M. Adams, residuary legatees of the estate. For purposes of this agreement,when they are referred to in their fiduciary, the term `Executors' will be used and, when they are referred to in their individual capacities, they will be referred to by their first names. BACKGROUND 1. Geraldine M. Adams died on October 8, 2011, a resident of Carlisle, PA, leaving a will dated December 24, 1986, 2. Decedent's will was admitted to probate by the Register of Wills of Cumberland County on October 12, 2011, and letters testamentary were issued to Timothy M. Adams as Executor. 3. In her will, Decedent named her five children, Rogene C. Jennings, Calvin J. Adams, Joy L. Gray, Thomas M. Adams and Timothy M. Adams, as sole residuary legatees. 4. The executor advertised the grant of Letters Testamentary,prepared and filed an Inventory and Appraisement of Decedent's property, prepared and filed a Pennsylvania Inheritance Tax Return and federal and state income tax returns and paid the appropriate taxes thereon. 5. The executor has paid all the general legatees and all the taxes, debts and expenses of the estate know to him, and has no knowledge of any unpaid claims, absolute or contingent, which may be asserted against the estate nor does he have any reason to believe there are any such claims. 6. The executor has completed the administration of the estate,has prepared his account thereof("account") and has distributed the net assets of the estate to Rogene C. Jennings, Calvin J. Adams, Joy L. Gray, Thomas M. Adams and Timothy M. Adams, the residuary legatees named in the will. 7. A statement reflecting all estate receipts, disbursements and distributions are annexed here to as Exhibit A. 8. Rogene C. Jennings, Calvin J. Adams,Joy L. Gray, Thomas M. Adams and Timothy M. Adams,desire that this Family Agreement, (The"Agreement") make unnecessary the filing of an accounting in the Orphans' Court Division of the Court of Common Pleas of Cumberland County. 9. Rogene C. Jennings, Calvin J. Adams,Joy L. Gray and Thomas M. Adams have been given the opportunity to review the books and records of the executor, and based upon such opportunity or examination, they have determined that they have sufficient information to make an informal decision to waive their right to an accounting. AGREEMENT In consideration of the willingness of the executors to distribute and terminate the estate in accordance with the terms of the will without the protection afforded them by a formal adjudication of an Executor's account, Rogene C. Jennings, Calvin J. Adams, Joy L. Gray, Thomas M. Adams and Timothy M. Adams, the undersigned beneficiaries, individually and with respect to their heirs,personal representatives, successors and assigns, do hereby: 1. Acknowledge that we have read this agreement and represent that the facts set forth above are true and correct to the best of our knowledge,information and belief. We further acknowledge that we are familiar with the provisions of the will of decedent; 2. Waive the filing of a formal account of the administration of this estate, with respect to the income and principal thereof, in any court which jurisdiction, in particular, the Orphans' Court Division of the Court of Common Pleas of Cumberland County, Pennsylvania. 3. Declare that we have examined the account and statement which are attached hereto and incorporated herein, and find them to be true and correct in all particulars; understand that the distribution is still subject to the payment of certain administration expenses; accept and approve the account with the same force and effect as if it had been prepared and duly filed with, audited, adjudicated and confirmed absolutely by such court which has jurisdiction over this estate, and, as if the balance of principal and income had been awarded by said court in accordance with this agreement and the account and statement; 4. Warrant that we know of no outstanding and unsatisfied claims against the estate and approve the distribution of the balance of principal and income shown on the attached account and statement as set forth above; 5. Absolutely and irrevocably release and discharge the executor, his personal representatives,heirs, successors and assigns, from any and all actions, liabilities, claims and demands, including specifically but not limited to liability arising in connection with any mistake of fact or law, or negligent or careless act or omission by the executor, in connection with the administration and distribution of assets shown,without formal court accounting and adjudication; 6. Agree to refund to the executor such part or all of the distributive share which has been or is being distributed to us which may at any time be determined to have been an erroneous distribution to us regardless of the cause of such error, even if attributable to negligence; 7. Agree that any period of limitation of actions for the collection for any erroneous distribution to any of us shall commence only at such time as the executor has obtained actual knowledge of such erroneous distribution and that in no event shall the obligation to collect any erroneous distribution start earlier than the actual discovery thereof by the executor. 8. With respect to any distributions of income or principal,which we have received, or will receive upon execution of this agreement,agree to indemnify and hold harmless the executor,his personal representatives,heirs, successors and assigns,from any liability,loss or expense(including but not limited to costs and counsel fees),arising from any cause whatsoever,which may be incurred by the executor as a result of the administration of this estate or, distribution in accordance with this agreement including,but not limited to, any liability for any federal estate tax,Pennsylvania inheritance tax or any other death taxes and federal and state income taxes,together with any interest and costs incidental thereto,relating in any way to the estate and also including,but not limited to,any assets received or payments or distributions made by reason of any negligence or mistake of fact or law; 9. Understand that this agreement may be signed in counterpart originals, all of which together shall be deemed to constitute one original and 10. Agree that this agreement shall be governed by the laws of the Commonwealth of Pennsylvania. IN WTI-NESS WHEREOF,we agree to be bound hereby and have signed this agreement this 10a'day of September,2012. Witness: Rogene C. Jennings,Beneficiary Witness: Calvin J.Adams,Beneficiary Witness: J L.y y, Beneficiary Witness: Thomas M.Adams,Beneficiary Witness: Timothy M.Adams,Executor/Beneficiary S 10. Agree that this agreement shall be governed by the laves of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF,we agree to be bound hereby and have signed this agreement this 1014 day of September,2012. Witness: Rogene Jennings, eficiary� Witness: Calvin J.Adams,Beneficiary Witness: Joy L. Gray,Beneficiary Witness: -- Thomas M.Adams,Beneficiary Witness: Timothy M. Adams,Executor/Beneficiary have been an erroneous distribution to us regardless of the cause of such error, even if attributable to negligence; 7. Agree that any period of limitation of actions for the collection for any erroneous distribution to any of us shall commence only at such time as the executor has obtained actual knowledge of such erroneous distribution and that in no event shall the obligation to collect any erroneous distribution start earlier than the actual discovery thereof by the executor. 8. With respect to any distributions of income or principal, which we have received, or will receive upon execution of this agreement, agree to indemnify and hold harmless the executor, his personal representatives, heirs, successors and assigns, from any liability, loss or expense(including but not limited to costs and counsel fees), arising from any cause whatsoever, which may be incurred by the executor as a result of the administration of this estate or distribution in accordance with this agreement including, but not limited to, any liability for any federal estate tax, Pennsylvania inheritance tax or any other death taxes and federal and state income taxes,together with any interest and costs incidental thereto, relating in any way to the estate and also including, but not Limited to, any assets received or payments or distributions made by reason of any negligence or mistake of fact or law; 9. Understand that this agreement may be signed in counterpart originals, all of which together shall be deemed to constitute one original and 10. Agree that this agreement shall be governed by the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, we agree to be bound hereby and have signed this agreement this ]0'h day of September, 2012. Witness: Rogenee C. Jenju is eneficiary Witness: G'L r �� 9--�� Calvin J.Xdams, Beneficiary Witness: Joy L. Gra eficiary Witness: � Thom . Adam VBeneficiary Witness: r Tr M. Adams, Executor/Beneficiary Statement of Account of the Estate of Geraldine M.Adams-SSAN:203-30-9098 Assets Cash in Checking/Savings Account $ 2,868.00 50%of Jointly Owned Property with Tom $ 58,950.00 Life Insurance $ 5,576.00 Total Gross Assets $ 67,394.00 Debts Final Nursing Home Payment $ (774.00) Funeral Expenses $ (8,145.00) Gravesite Marker $ (2,272.00) Funeral Reception (Wake) $ (431.00) Administrative Expenses $ (3,100.00) Probate Fee $ (129.00) Certified Mailings, Postage,etc. $ (78.00) Cumberland Cnty. Recorder of Deeds Fees $ (17.00) Total Deductions $ (14,946.00) Net Value of Estate (Tax Purposes) Previous Distributions Inheritance Taxes $ (1,946.00) 50%Transfer of home to Tom $ (58,950.00) According to Deed Total $ (60,896.00) Remaining Estate Value 0 Net Value of Estate to be Distributed to Heirs 0