HomeMy WebLinkAbout10-08-13 FAMILY SETTLEMENT AGREEMENT AND FINAL RELEASE
IN THE
ESTATE OF THRESSA E. SMITH, DECEASED
KNOW ALL MEN BY THESE PRESENTS, that:
WHEREAS, Thressa E. Smith, late of North Newton Township, -- imberland-Co�4_t j
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Pennsylvania, deceased, died testate on July 10, 2012, having first made Iier�Last Wil and
Testament, which was duly executed on May 31, 2005 and which is duly recorded in-the Office
of the Register of Wills, Cumberland County Courthouse, File No. 21 12 0858;
WHEREAS, Thressa E. Smith, by the aforesaid Last Will and Testament, named Jambs
W. Smith as Executor of her Last Will and Testament;
WHEREAS, Letters Testamentary on the estate of decedent were duly issued by the
Register of Wills of Cumberland County and were granted to James W. Smith on August 7, 2012
(hereinafter called "Personal Representative");
WHEREAS, pursuant to Article IV, Paragraph A of the Last Will and Testament of
Thressa E. Smith, Sixty-Five percent (65%) of the residue of the estate of Thressa E. Smith, real
and personal, is devised to decedent's son, James W. Smith; and
WHEREAS, pursuant to Article IV, Paragraph B of the Last Will and Testament of
Thressa E. Smith, Thirty-Five percent (35%) of the residue of the estate of Thressa E. Smith, real
and personal, is devised to decedent's son, Eugene A. Smith;
WHEREAS, the Personal Representative has gathered the assets of the estate of the
decedent, and the assets consist of real and personal property to a value of$19, 899.23;
WHEREAS, in addition, the parties hereto have agreed that the following assets will be
distributed according to the terms of this settlement agreement:
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(a) the date of death values of jointly-held accounts at Members I"Federal Credit Union
in the amount of$27,831.80,
(b) the Butler County real property,
(c) the five-year Paid-up Oil and Gas Lease attached to the Butler County real property,
and
(d) the funds gifted by Thressa E. Smith within one year of the date of death in the
amount of$43,500,
as more fully set forth in a statement of account of the said Personal Representative, which is
attached hereto and made a part hereof and marked Exhibit A; and
WHEREAS, no claims have been filed against the Estate by any creditor.
NOW, THEREFORE, the parties have agreed as follows upon execution of this
settlement agreement:
(a) James W. Smith agrees to assign 35% of his interest in the Paid-Up Oil and
Gas Lease and a 35% ownership interest in the Butler County real property
subject to the Lease to Eugene A. Smith;
(b) James W. Smith agrees to distribute 35% of any funds remaining from the
gifted $43,500, after satisfaction of all outstanding Estate obligations,
including legal fees and costs associated with closing the Estate and
effectuating the transfers to Eugene A. Smith, as reflected in the accounting
attached to this Family Settlement Agreement;
(c) James W. Smith agrees to distribute 35% of the date of death values of the
Members I" accounts to Eugene A. Smith, reduced by any amounts necessary
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to satisfy outstanding obligations of Thressa E. Smith's Estate, as reflected in
the accounting attached to this Family Settlement Agreement;
(d) the balance for distribution as shown in the statement marked Exhibit A will
be distributed as set forth on Exhibit A in accordance with the terms of the
Last Will and Testament of the decedent;
(e) a copy of the fully executed Family Settlement Agreement will be filed with
the Orphans' Court of Cumberland County, Pennsylvania on or before
October 14, 2013 in compliance with the August 26, 2013 Order of the
Honorable Albert Masland; and
(f) Eugene A. Smith agrees to take whatever steps are necessary to withdraw his
request for a formal accounting and appointment of a substitute fiduciary pro
tem, upon the filing of a copy of the Family Settlement Agreement with the
Orphans' Court of Cumberland County, Pennsylvania.
The parties hereto, being the beneficiaries and heirs of the decedent, and being those
persons entitled to inherit under the Last Will and Testament, do hereby acknowledge that they
will receive a final distribution from the Personal Representative, in full satisfaction and payment
of all sum or sums of money, legacies, bequests and devises as are given, devised and
bequeathed to them, and which amounts are set opposite their names in the table and schedule of
distribution in the statement attached hereto and marked Exhibit A;
AND they do hereby stipulate that in order to avoid the expense and time involved in the
filing of a formal account and schedule of distribution in the Orphans' Court Division of the
Court of Common Pleas, it is agreed that no formal account is necessary; and the parties do
hereby consent to distribution being made without the filing of an account and schedule of
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distribution with the Orphans' Court, the same to be with the same force and effect as if it had
been filed and confirmed by the Orphans' Court Division of the Court of Common Pleas,
Cumberland County.
THEREFORE, each of us do hereby remise,release, quit claim and forever discharge the
Personal Representative, James W. Smith, his heirs, executors, administrators, successors and
assigns, of and from the estate and from all.actions, suits, payment, accounts, reckoning, claims
and demands whatsoever for or by reason thereof, or for any other use, matter, cause or thing
whatsoever touching upon the estate of the decedent; and each of us do further hereby covenant
and agree that should any liability come due to the estate of the decedent after the signing of this
agreement, each of us do hereby covenant and agree with each other and the Personal
Representative that we will contribute pro rata our share of the estate to satisfy any and all
claims, demands, suits or causes of action which may be successfully prosecuted against the
estate or the Personal Representative after the signing, sealing and delivery of this Family
Settlement Agreement and Final Release. r�
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IN WITNESS WHEREOF, we have hereunto set our hands and seals this J.r day of
0,C t� 12013.
Witness es W.Smith
Estate of Thressa E.Smith
C
COMMONWEALTH OF PENNSYLVANIA }
S ss:
County of
On this the day of 2013, before me, a Notary
Public, the undersigned officer, personally appeared James W. Smith, known to me or
satisfactorily proven to be the person whose name is subscribed to the within instrument, and
acknowledged that he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal. (}
Notary Public
_ NOTARIAL SEAL
CORINNE EGGERS WOODHOUSE
Notary Public
SUSQUEHANNA TWP..DAUPHIN COUNTY
My Commission Expires Aug 19,2015
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IN WITNESS WHEREOF, we have hereunto set our hands and seals this 10 day of
_ 2013.
Witness �c�� N �� Eug . Smith
Estate of Thressa E. Smith
STATE OF FLORIDA }
1y��// _ . )ss:
County of T�O, ( }
On this the 3 o day of 2013, before me, a Notary
Public, the undersigned officer, personally appeared Eugene A. Smith, known to me or
satisfactorily proven to be the person whose name is subscribed to the within instrument, and
acknowledged that he executed the same for the purposes therein contained.
IN WITNESS WHEREOF,I hereunto set my hand and official seal.
SANDRA LT i
MY roMMISSION#EE 012 hui
;T EXPIRES:August 7,20Y4 Notary Public
'Z.. �`` Bonded Thru Notary Public Unuemritc
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ESTATE OF THRESSA E.SMITH -ACCOUNTING -Exhibit"A"
DOD: 7/10/2012
Estate Assets DOD Value
Prudential Ins.#24 728 099-pre-paid funeral costs $ 10,814.97
PA Unclaimed property(Prudential& Hi hmark) $ 1,585.99
Refund of PA Inheritance tax overpayment $ 667.21
Employees Life Co. -final annuity payment $ 6,831.06
Total $ 19,899.23
Additional Assets DOD Value
Employees Life Co. annuity#L114604-benef. sons James& Eugene $ 40,415.00
Members 1st checking acct.#195069-11 -'t. w/James $ 15,008.64
Members 1 st savings acct. #195069-00-'t. w/James $ 4,041.71
Members 1 st su pl. Savings acct.#195069-01 -jt.w/James $ 1,977.07
Members 1 st Investment savin s acct.#195069-05-Jt.w/James $ 6,804.38
Gifted Funds $ 43,500.00
Shell Exploration & Production/Oil&Gas Lease trans. To Jim 5/17/12 No value
Real Property-Oakland Twsp., Buller Co., PA-trans. To Jim 4/17/12 $ 19,580.40
Total $ 131,327.20
TOTAL ASSETS $ 151,226.43
Expenses Amount
Butler County real property expenses:
Real estate taxes- school 9/22/12 $ 299.58
Real estate taxes-count 4/12/13 $ 102.40
Real estate taxes-school 8/31/13 $ 306.10
Central Penn Business Journal -estate notice $ 150.00
Cumberland Law Journal-estate notice $ 75.00
Dar I Guistwite DO- medical $ 141.81
Darryl Guistwite DO- medical (ck. cleared 7/10/12 $ 75.57
Funeral costs:
General Sutter Inn/Lititz 7/14/12 $ 222,09
Thom son Miller Funeral Home Inc. $ 3,353.00
Church service officiants Dana Staller $ 125.00
Father Dave Hillien $ 25.00
Clarion Monuments-grave marker 2 cks. $739.50 ea. $ 1,479.00
Green Ridge Village-resident fees $ 21,730.76
Hazen Elder Law-attorney fees and disbursements $ 7,053.32
Millennium Pharmacy Systems- pharm@cy bill $ 897.75
Paul Predmore-tax preparation fee for 2012 personal tax returns $ 150.00
Personal tax returns for 2012- PA DOR - State return $ 163.00
Personal tax returns for 2012- US Treasury- Federal return $ 8,382.00
Register of Wills, Probate fees $ 71.50
Register of Wills,filing fee for Inheritance tax return/inventory $ 30.00
Register of Wills,filing fee for Supplemental Inheritance tax return $ 15.00
Register of Wills,fee to file Response with Answer $ 15.00
Sheetz Gas 7/12112-executor ex ense $ 24.91
eserve un s or trans er o real property, as lease, Revenue Closing
letter and final disbursements $ 2,000.00
Total $ 46,887.79
TOTAL ASSETS $ 151,226.43
LESS TOTAL EXPENSES $ (46,887.79)
LESS INHERITANCE TAX PAID(+ Supplemental tax) $ (4,386.65)
TOTAL $ 99,951.99
DISTRIBUTION SCHEDULE-EXHIBIT"A"
Asset Eugene Smith James Smith
Estate-balance after payment of expenses $ 4,243.68 $ 7,881.11
Members 1st FCU -joint accounts $ 9,741.13 $ 18,090.67
Real Property-Oakland Twsp., Butler Co., PA $ 6,853.14 $ 12,727.26
Shell Exploration& Production/Oil& Gas Lease-non-producing" $ - $ -
Total to be Distributed $ 20,837.95 $ 38,699.04
Employees Life Co. Annuity# Li 14604-50% paid directly to each Beneficiary $ 20,207.50 $ 20,207.50
Total 1 $ 41,045.45 $ 58,906.54
TOTAL DISTRIBUTIONS $ 99,951.99
'Actual cash distribution may increase or decrease based on receipt of additional assets or income,
presentation of an obligation, and/or payment of additional expenses.
"Rights to be assigned 35% to Eugene Smith and 65%to James Smith