HomeMy WebLinkAbout11-12-13 FAMILY AGREEMENT--WAIVING FILING OF ACCOUNT
This Agreement entered into this 15th day of October, 2013, by and
between Marilyn Robbins, in her capacity as Executrix under the will dated April
13, 2009 of Shirley G. Robbins, deceased, and Angela Melanie Robbins Case
O'Boyle, Benjamin Robbins Case, Brian Robbins Anderson, Carol Ann Robbins,
Cassandra Robins Berube, Catherine Jean Robbins, Marilyn Elizabeth Robbins,
Melanie Barbara (Collins) Robbins, Mitchell Ryder Robbins Collins, Rebecca
Robbins Berube, Sarah Robbins Anderson, William L. Church, and Zachary
Robbins Berube, residuary legatees of the estate. For purposes of this
agreement, when Marilyn Robbins is referred to in her fiduciary C> M.&W M m
term "executrix" will be used and, when she is referred to in her i i�gdual d
capacities, she will be referred to by name. M D C� � v
r rr N
m m
BACKGROUND n "' o a
° oo =0
n o „ ::3
1. Shirley G. Robbins ("Decedent"') died on October 16, 2,014?,, a re!�ident-
of Newville, West Pennsboro Township, Cumberland County, Penns ivani?, ' o
leaving a will dated April 13, 2009. -_J -n
2. Decedent's will was admitted to probate by the Register of Wills of -
Cumberland County on November 29, 2011, and letters testamentary were
issued to Marilyn Robbins, executrix.
3. In her will, Decedent named Angela Melanie Robbins Case O'Boyle,
Benjamin Robbins Case, Brian Robbins Anderson, Carol Ann Robbins,
Cassandra Robins Berube, Catherine Jean Robbins, Marilyn Elizabeth Robbins,
Melanie Barbara (Collins) Robbins, Mitchell Ryder Robbins Collins, Rebecca
Robbins Berube, Sarah Robbins Anderson, William L. Church, and Zachary
Robbins Berube the residuary legatees.
4. The executrix advertised the grant of Letters Testamentary, prepared
and filed an Inventory and Appraisement of Decedent's property and prepared
and filed a Pennsylvania Inheritance Tax Return and federal and state income
tax returns and paid the appropriate taxes thereon.
5. The executrix has paid all the general legatees and all the taxes, debts
and expenses of the estate known to them, and they have no knowledge of any
unpaid claims, absolute or contingent, which may be asserted against the estate
nor do they have any reason to believe there are any such claims.
6. The executrix has completed the administration of the estate, has
prepared her account thereof ("account") and has distributed the net assets of
the estate as provided for in the Decedent's Last Will and Testament.
1
7. A statement reflecting all estate receipts, disbursements and
distributions are annexed here to as Exhibit A.
8. Angela Melanie Robbins Case O'Boyle, Benjamin Robbins Case, Brian
Robbins Anderson, Carol Ann Robbins, Cassandra Robins Berube, Catherine
Jean Robbins, Marilyn Elizabeth Robbins, Melanie Barbara (Collins) Robbins,
Mitchell Ryder Robbins Collins, Rebecca Robbins Berube, Sarah Robbins
Anderson, William L. Church, Zachary Robbins Berube desire that this Family
Agreement make unnecessary the filing of an accounting in the Orphans' Court
Division of the Court of Common Pleas of Cumberland County.
9. Angela Melanie Robbins Case O'Boyle, Benjamin Robbins Case, Brian
Robbins Anderson, Carol Ann Robbins, Cassandra Robins Berube, Catherine
Jean Robbins, Marilyn Elizabeth Robbins, Melanie Barbara (Collins) Robbins,
Mitchell Ryder Robbins Collins, Rebecca Robbins Berube, Sarah Robbins
Anderson, William L. Church, Zachary Robbins Berube have been given the
opportunity to review the books and records of the executrix, and based upon
such opportunity or examination, they have determined that they have sufficient
information to make an informed decision to waive their right to an accounting.
AGREEMENT
In consideration of the willingness of the executrix to distribute and
terminate the estate in accordance with the terms of the will without the
protection afforded her by a formal adjudication of an executrix' account, Angela
Melanie Robbins Case O'Boyle, Benjamin Robbins Case, Brian Robbins
Anderson, Carol Ann Robbins, Cassandra Robins Berube, Catherine Jean
Robbins, Marilyn Elizabeth Robbins, Melanie Barbara (Collins) Robbins, Mitchell
Ryder Robbins Collins, Rebecca Robbins Berube, Sarah Robbins Anderson,
William L. Church, Zachary Robbins Berube, 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 has
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 is
attached hereto and incorporated herein, and find it to be true and correct in all
particulars; understand that the distribution may still be subject to the payment of
2
certain administration expenses; accept and approve it 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 principal and income shown on the
attached account and statement as set forth above;
5. Absolutely and irrevocably release and discharge the executrix, her
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 executrix, in connection with the administration
and distribution of assets shown in the statement, without a formal court
accounting and adjudication;
6. Agree to refund to the executrix 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
executrix 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 executrix.
& 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 executrix, her 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 executrix 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
3
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 15`h day of October, 2013.
Witness:
Angela Melanie Robbins Case O'Boyle
Witness:
Benjamin Robbins Case
Witness:
Brian Robbins Anderson
Witness:
Carol Ann Robbins
Witness: (;(;uwaz. , y —
Cassandra Robins Berube
Witness:
Catherine Jean Robbins
Witnes —
Marilyn Eliza et Robbins
Witness:
Melanie Barbara (Collins) Robbins
Witness:
Mi c ell der ob/� C rs
Witness: ir__�
Rebecca Robbins Berube
Witness:
Sarah Robbins Anderson
Witness:
William L. Church
Witness:
Zachary Robbins Berube
4
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 151h day of October, 2013.
Witness:
Angela Melanie Robbins Case O'Boyle
Witness:
Benjamin Robbins Case
Witness:
Brian Robbins Anderson
Witness:
Carol Ann Robbins
Witness:
Cassandra Robins Berube
Witness:
Catherine Jean Robbins
Witness:
Marilyn.Elizabeth Robbins
Witness:
Melanie Barbara (Collins) Robbins
Witness:
Mitchell Ryder Robbins Collins
Witness:
Rebecca Robbins Berube
Witness:
Sarah Robbins Anderson
Witness:
William L. Church
Witness:
Zachary Robbins Berube
4
„ .. ,
`F -_. n
i � i
.. _ � S.Y. -..,
� .” _. ..
n
.. � e.
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 15th day of October, 2013.
Witness:
Angela Mel nie Robbins Case A'Begfe C-
Witness:
f/� �
BQ a obbin Case
Witness:
Brian Robbins\ Anderrs�onQp��
Witness: ak (2p' T4A"
Carol Ann Robbins
Witness:
Cassandra Robins Berube
Witness:
Catherine Jean Robbins
Witness:
Marilyn Elizabeth Robbins
Witness:
Melanie Barbara (Collins) Robbins
Witness:
Mitchell Ryder Robbins Collins
Witness:
Rebecca Robbins Berube
Witness:
Sarah Robbins Anderson
Witness:
William L. Church
Witness:
Zachary Robbins Berube
4
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 15th day of October, 2013.
Witness:
Angela Melanie Robbins Case O'Boyle
Witness:
Benjamin Robbins Case
Witness:
Brian Robbins Anderson
Witness:
Carol Ann Robbins
Witness: .
Cassandra Robins Berube
Witness:
Catherine Jean Rdbbins
Witness:
Marilyn Elizabeth Robbins
Witness:
Melanie Barbara (Collins) Robbins
Witness:
Mitchell Ryder Robbins Collins
Witness:
Rebecca Robbins Berube
%i
Witness: �------
Sarah Robbins Anderson
Witness:
William L. Church
Witness:
Zachary Robbins Berube
4
10. Agree that this agreement shall be governed by the laws of the
Commonwealth of Pennsylvania.
IN WITNESS WHEREOF, we a6ree to be bound hereby and have signed
this agreement this 15th day of October, 2013.
Witness:
Angela Melanie Robbins Case O'Boyle
Witness:
Benjamin Robbins Case
\Nitncss;
Brian Robbins Anderson
Witness:
Carol Ann Robbins
Witness:
Cassandra Robins Berube
Witness:
tJau ici n,ic jean, rttu.n.io
Witness:
Marilyn Elizabeth Robbins
Witness:
Melanie Barbara (Collins) Robbins
Witness:
Mitchell Ryder Robbins Collins
Witness:
Rebecca Robbins Berube
Witness: _
Sarah Robbins Anderson
Witness:
William-L. Church
Witness:
Zachary Robbins Berube
4
EXHIBIT A
FIRST AND FINAL ACCOUNT OF MARILYN ROBBINS,
EXECUTRIX FOR ESTATE OF SHIRLEY G. ROBBINS, DECEASED
Date of Death: October 16, 2011
Date of Executor's Appointment: November 29, 2011
Accounting for the Period: November 29, 2011 to September 25, 2013
First Complete Advertisement
of the Grant of Letters: Dec. 20, 27, 30 2011 and Jan 3, 6 and 13, 2012
Purpose of Account: MARILYN ROBBINS, Executrix, offers this account
to acquaint interested parties with the transactions that have occurred during her
administration.
The account also indicates the proposed distribution of the estate.
It is important that the account be carefully examined. Requests for
additional information or questions or objections can be discussed with the
following individual:
Douglas C. Lovelace, Jr., Esquire
36 Donegal Drive
Carlisle, PA 17013
(717) 385-1866
1
EXHIBIT A
EXHIBIT A
Summary of Account
Proposed Distribution to Beneficiaries $0.00
Principal
Receipts $254,310.40
Net Gain (Loss) on sales -$3,042.95
Total Receipts $251,267.45
Less Disbursements:
Debts of Decedent -$1,652.90
Funeral Expenses -$3,025.32
Administration Expenses -$7,798.23
Legal Expenses -$2,100.00
Federal and State Taxes -$13,676.00
Fees and Commissions $0.00 -$28,252.45
Balance before Distribution $223,015.00
Distribution to beneficiaries -$1,226.38
Income from Investments $9,601.84
Balance on Hand $231,390.46
Transfer to Shirley G Robbins Testamentary Trust
for benefit of William Church
Value of TDA Stock Account -$187,994.35
Value of Fulton Bank Account -$8,396.11
Note payable from OR -$35,000.00
Balance on Hand $0.00
2
EXHIBIT A
EXHIBIT A
Receipts of Principal
Assets Listed in
Inventory
(Valued at Date Fiduciary
of Death) Acquisition Value
Cash
F&M Bank : CD#0152993140 $25,000.00 $25,000.00
F&M Bank : CD#0152993138 $10,000.00 $10,000.00
F&M Bank : CD#0152997429 $15,081.82 $15,081.82
General Electric account# 9243375093 $3,916.37 $3,916.37
Adams County Bank CD# 180531 $26,993.05 $26,993.05
Adams County Bank checking account#2354810 $24,090.33 $24,090.33
Adams County Bank: savings account# 9000175631 $5,901.81 $5,901.81
cash in
wallet $42.68 $42.68
Tangible personal property
Clothing:
4 coats $20.00 $20.00
3 pocket books $15.00 $15.00
1 bag nice sweaters $50.00 $50.00
9 bags to GRV thrift shop $90.00 $90.00
6 bags useable clothing $120.00 $120.00
Household items:
3 boxes to GRV Thrift Shop $30.00 $30.00
4 boxes ofknick-knacks $80.00 $80.00
1 dresser-wood $20.00 $20.00
1 mirror $10.00 $10.00
2 framed pictures $20.00 $20.00
Costume Jewelry:
2 boxes $40.00 $40.00
wrist watch $5.00 $5.00
Office Supplies:
2 boxes $20.00 $20.00
stamps $23.38 $23.38
used xp computer& monitor $50.00 $50.00
2 boxes books/cassetes/cd $20.00 $20.00
2 boxes birding materials $20.00 $20.00
Birding equipment:
spotting scope $305.00 $305.00
tripod $159.00 $159.00
binoculers $30.00 $30.00
3
EXHIBIT A
EXHIBIT A
camera $60.00 $60.00
lenses $39.00 $39.00
2007 Chevy Cobalt 4 door,fair condition $5,000.00 $5,000.00
Note receivable from Catherine J. Robbins $35,000.00 $35,000.00
1MS stock account#2262-1713 $102,739.52 $102,739.52
shares stock value
106.119 GIS $4,193.56
107.549 NMM $1,783.19
1530.41 AWSHX $41,933.34
10000 Allegheny Cnty PA Hospital $9,214.50
Northampton Cnty PA indl
5000 Dev $4,967.43
Cumberland Cnty PA Mun
20000 Auth $20,853.20
2000 FHLMC Series $67.15
420 Source Cap Inc $14,624.40
Cash $4,528.72
accrued div and int $574.03
1MS IRA 7014-6960 $44,543.12
This account was distributed to the beneficiaries on death
directly, outside of the estate, as per Transfer on Death
provisions.
Beneficiaries: Catherine J. Robbins, Carol A Robbins
Marilyn E Robbins, Melanie Robbins (Collins)
TIAA-CREFF TOD account#99-1789485 $9,613.01
This account was distributed to the beneficiaries on death
directly, outside of the estate, as per Transfer on Death
provisions.
Beneficiaries: Angela Case, Benjamin Case
Brian Anderson, Sarah Anderson,Zachary Berube
Rebecca Berube,Cassandra Berube, Mitchell Collins
Total Inventory $309,148.09 $254,991.96
4
EXHIBIT A
EXHIBIT A
Changes Subsequent to Inventory:
Checks cut prior to death, not cleared until after DOD
Spirit Physicians -$15.00
Grahm Medical -$15.00
Young's Medical -$28.27
Marilyn Robbins for Green Ridge, insurance
and reimbursements $2,206.75
Marilyn Robbins for
medical bills -$556.30 -$2,821.32
Refunds
medical insurance
refund $18.75
Sprint cellular phone
overpayment $22.68
Allstate car and renters
insurance $130.92
Fed tax refund from
2011 $1,734.00
Pa tax refund from
2011 $159.00
PA inheritance tax
overpayment $74.41 $2,139.76
Total receipts of principal $254,310.40
Investment changes
No effect on principal-for information only
Purchased 208.451
shares of NMM $3,689.41
Purchased 45.465
shares of AWSHX $1,366.20
Redeemed principal on
FHLMC $14.97
Purchased 1290 shares
of GE $24,948.60
Purchased 2402.474
shares of MWTRX $25,892.93
Purchased 500 shares
of MSFT $14,842.66
Purchased 630 shares
of PFE $14,842.66
Purchased 570 shares $16,017.00
5
EXHIBIT A
EXHIBIT A
of DOW
Gains or Losses on Sales
Gain on sale of 5000 shares of Northampton
for$5000. $32.57
Loss on sale of .119 shares of GIS for$36.71 -$0.36
Loss on sale of 420 shares of Source Capital
for$11589.20 $3,035.20
Commission on
purchase of stock -$39.96 -$3,042.95
Total Receipts $251,267.45
6
EXHIBIT A
EXHIBIT A
Disbursements
Debts of Decedent
Green Ridge Village for October, 2011 $351.48
BJ's credit card bill $1.00
Young's Medical $19.12
Paul Berube for Gas in Cobalt $30.02
American Homecare $2.47
Bove Jewelers $1,234.90
Health Network Labs $13.91 -$1,652.90
Funeral Expenses
Staples $161.62
Marilyn Robbins for mums $40.00
Zach Berube- food for reception $25.87
Joe Anderson -food for reception $128.22
Auer Cremation Services $1,680.00
Zion Lutheran Church $200.00
Edgar Luhn, organist $100.00
Dinner meeting with Beth Davis to plan memorial Service $59.34
Star Ledger $351.00
Newville Paper obituary $279.27 -$3,025.32
Administration Expenses
Postage $12.95
Register of Wills $343.50
Notary $15.00
Janney Montgomery Scott termination fee $100.00
Janney Montgomery Scott- account evaluation at DOD $100.00
Cumberland County Courthouse-file inventory $15.00
Cumberland County Courthouse-file disclaimer $5.00
Cumberland County Courthouse-probate fee $65.00
Walmart- new checks $12.15
GMS Surgent-accountant $6,900.00
Cumberland Law Journal for Estate Administration
Notification $75.00
The Sentinel for Estate Administration Notification $115.20
Miscellaneous $39.43 -$7,798.23
Legal Expenses
John Carnes, Esquire $150.00
Douglas Lovelace,Jr., Esquire $1,500.00
7
EXHIBIT A
EXHIBIT A
Lentx, Cantor, Manza $450.00 -$2,100.00
Federal and State
taxes
PA inheritance tax $13,500.00
PA 2012 tax return $176.00 -$13,676.00
Fees and Commissions $0.00
Balance before Distribution $223,015.00
Distribution to Beneficiaries
Personal effects divided equally among the four -$1,106.38
daughters, Catherine Robbins, Marilyn Robbins,
Carol Robbins, Melanie Robbins (Collins)
Unwanted items donated to Green Ridge Village
Thrift Shop -$120.00 -$1,226.38
Income
Interest
TDA interest $1,291.14
ACN B $186.04
F&M $488.58
GE $15.47
OR $1,400.00
JMS $73.11 $3,454.34
Cash award to open account $300.00
Dividends
TDA $4,659.21
JMS $1,188.29 $5,847.50 $9,601.84
Balance before transfer to Trust $231,390.46
8
EXHIBIT A
EXHIBIT A
Transfer to Shirley G Robbins Testamentary Trust fbo William Church
Transfer the following stocks to
T.D.Ameritrade account#922050946
106 GIS $4,189.22
316 NMM $5,472.60
1575.88 AWSHW $43,299.54
10000 Allegheny $9,214.50
20000 Cumberland $20,853.20
2000 FHLMC $52.18
1290 GE $24,948.60
0 MWTRX $25,982.93
500 MSFT $15,344.10
630 PFE $14,842.66
570 DOW $16,017.00
cash $7,777.82 -$187,994.35
transfer cash to Fulton acct#
7112045 -$8,396.11
Transfer ownership of the note payable -$35,000.00
from Catherine J Robbins
total
-$231,390.46
Balance on
Hand
$0.00
9
EXHIBIT A
EXHIBIT A
PROPOSED DISTRIBUTIONS TO BENEFICIARIES
No Further Distributions Required
MARILYN ROBBINS, Executrix under the Will of SHIRLEY G. ROBBINS,
deceased, hereby declares under oath (penalties of perjury) that she has fully
and faithfully discharged the duties of her office; that the foregoing First and Final
Account is true and correct and fully discloses all significant transactions
occurring during the accounting period; that all known claims against the estate
have been paid in full; that to her knowledge, there are no claims now
outstanding against the Estate; and that all taxes presently due from the estate
have been paid.
i S s/
ROB INS
MARILY
Executrix
Subscribed and sworn to
by MARILYN ROBBINS before me thi
day of 2013
gtaryblic
KIMBERLY ANN G01 TSHALK
NOTARY PUBLIC•DELAWARE
�'/�Y G011 r"on Expk98 1-10.2015
10
EXHIBIT A