HomeMy WebLinkAbout12-04-13 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 requests the grant of Letters in the appropriate form:
Kristine E.Miner and R.Marshall Hall
Decedent's Information
Name: Edna G.Hall File No: 21
alk/a: (Assigned by Register)
a/k/a:
a/k/a: Social Security No:
Date of Death: 11/25/2013 Age at Death: 87
Decedent was domiciled at death in Cumberland County, PA (State)with his/her last
principal residence at 129 So.Locust St.,Shiremanstown 17011 Shiremanstown Cumberland
Street address,Post Office and Zip Code City,Township or Borough County
Decedent died at
Street address,Post Office and Zip Code City,Township or Borough County State
Estimate of value of decedent's property at death:
If domiciled in Pennsylvania...................... All personal property $ 110,000.00
If not domiciled in Pennsylvania................ Personal property in Pennsylvania $
If not domiciled in Pennsylvania................ Personal property in County $
Value of real estate in Pennsylvania.................................................................. $ 180,000.00
TOTAL ESTIMATED VALUE $ 290,000,00
Real estate in Pennsylvania situated at 129 So.Locust St.,Shiremanstown 17011 Shiremanstown Cumberland
(Attach additional sheets,if necessary.)
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)that he/she/they is/are the Executor(s)named in the Last Will of the Decedent,dated 01/22/2013 and Codicil(s)
thereto dated
State relevant circumstances(e.g.,renunciation,death of executor,etc,)
Except as follows:after the execution of the instrument(s)offered for probate,Decedent did not marry,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.
F--1 NO EXCEPTIONS � EXCEPTIONS
M B. Petition for Grant of Letters of Administration (if applicable)
ata.,d.b.n.,cf.b.n.cta-pedente Cite,durante absentia,durante minoritate
If Administration,c.ta 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 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 F] EXCEPTIONS
Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse(if any)and heirs(attach
additional sheets,if necessary);
Name Relationship Address
Form RW-02 rev.10-11-2011 Copyright(c)2011 form software only The Lackner Group,Inc. Page 1 of 2
Oath of Personal Representative Official Use Only
COMMONWEALTH OF PENNSYLVANIA }
}
COUNTY OF Cumberland } SS:
Petitioner(s)Printed Name Petitioner(s)Printed Address
Kristine E.Miner 1329 Swope Drive
Boiling Springs, PA 17007
Marshall Hall 1421 Clearbrooks Dr.
Signal Mountain,TN 37377
The Petitioner(s)above-named swear(s)or affirm(s)the statements in the foregoing Petition are true and correct to the best of the knowledge and
belief of Petitioner(s)and that,as Personal Representative(s)of e Decedent, Petitioners will well and truly administer the estate according to law.
Sworn to affirmed a d subscri ed efore Datef 3
me this day of Dale 12-41- Z-!
By: Date
For the Register
Date
BOND Required? ❑ YES a NO To the Register of Wills:
FEES: Please enter my appearance by my signature below:
Letters.......................................... $ 310.00 Attorney Signat
( 5 )Short Certificate(s)......... 25.00
( )Renunciation(s).............. '04e ,
( )Codicil(s)........................
( )Affidavit(s)...................... Printed Name: Linda J.Olsen
Bond.............................................
Supreme Court
Commission.................................. ID Number: 92858
Other
Inheritance tax return 15.00 Firm Name: Hazen Elder Law
Inventory 15.00 Address: 2000 Linglestown Road
W 111 15.co
Suite 202
Harrisburg,PA 17110
Phone: 717-540-4332
Automation Fee............................ 5.00
JCS Fee....................................... 23.50 Fax: 717-540-4313
TOTAL................................. $ LAO'gj=a 393-gfl E-mail: lolsen @ha zenelderlaw.com
DECREE OF THE REGISTER
Date of Death: 11/25/2013
Social Security No:
Estate of Edna G.Hall File No: 21
a/k/a:
AND NOW, 13 - , in consideration of the foregoing Petition,
satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to Kristine E.Miner and R.Marshall Hall
in the above estate and(if applicable)that the instrument(s)dated 01/22/2013
described in the Petition be admitted to probate and filed of record as e I st Will(and Codi ))of Decede t.
Reqister of Wills
Copyright(c)2011 form software only The Lackner Group, c. V1 Ir age 2 of 2
H105.805 REV(9/11)
LAST WILL AND TESTAMENT
OF
EDNA G. HALL
I, EDNA G. HALL, now domiciled in Cumberland County, Pennsylvania, declare this to
be my Last Will. 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 shall be paid out of
and be charged generally against the principal of my residuary estate without reimbursement
from any person. 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.
Article III
I give, devise and bequeath my tangible personal property in accordance with any
memorandum which I have 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. To the extent no such memorandum is found,
or all of my tangible personal property is not disposed of pursuant thereto, my tangible personal
property shall be added to my residuary estate and pass under Article IV hereof.
Article IV
All the rest, residue and remainder of my estate, of whatsoever nature and wheresoever
situate, I give, devise and bequeath as follows:
(a) Seventy percent(70%) of my estate shall be paid to my daughter, KRISTINE E.
MINER, of Cumberland County, Pennsylvania; and
(b) Thirty percent(30%) of my estate shall be paid to my son, R. MARSHALL HALL,
of Chattanooga, Tennessee.
However, if a beneficiary does not survive me by thirty(30) days, but leaves descendants
who survive me by thirty (30) days, those descendants shall receive, per stirpes, the share the
beneficiary would have received had he or she survived me by thirty(30) days.
Article V
It is my intent that all life insurance, annuities, individual retirement accounts and any
other assets in which I may designate a beneficiary will pass to the beneficiary that I have named
and will not be controlled by the provisions of this Will. It is also my intent that any assets I own
jointly with another with rights of survivorship or a presumed right to survivorship which such
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joint ownership was created before or after this Will, will pass to the surviving joint owner and
will not be controlled by the provisions of this Will.
Article VI
If a beneficiary under this Will has not attained the age of twenty-one (21) 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 VII.
Article VII
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, care and education of the
child until the child attains the age of twenty-one (21) years.
B. Upon attaining the age of twenty-one (21), the remaining principal and
accumulated income of the child's share shall be distributed outright to the child.
C. 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.
D. At the time any distribution or distributive share of Trust assets is to be made by
the Trustee, if a beneficiary of this Trust is disabled as defined in Section 1614(a)(3) of the
Social Security Act (as determined by the Social Security Administration or by any State-level
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disability determination agency operating under the auspices of the Social Security
Administration), and/or has been determined by a nursing home or State agency to be medically
eligible for nursing home care, then said beneficiary shall cease to be a Trustee of this Trust or
any Trust share hereunder and, thereafter, the Trustee shall not make any distributions to said
beneficiary that might decrease or eliminate that beneficiary's eligibility for any public benefits
based on need, such as,but not limited to, Medicaid or Supplemental Security Income.
Article VIII
In0 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,
(f) to file fiduciary/income tax returns and pay the tax due for any year for which
such a return is required,
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(g) to make distributions in cash or in kind, or in both, and to determine the value of
any such property,
(h) to the extent any trust hereunder is the beneficiary of a Retirement Account (as
hereinafter defined) my Trustee shall draw the benefits from the Retirement Account in amounts
sufficient to meet the minimum distribution requirements of IRC Section 401(a)(9) and the
regulations thereunder (the "Required Minimum Distribution"). Notwithstanding any provision of
the trust to the contrary, the Required Minimum Distribution shall be paid to or applied for the
benefit of the income from such trust, or if there is more than one income beneficiary, my Trustee
shall make such distribution to such income beneficiaries in the proportion in which they are
beneficiaries or if no proportion is designated in equal shares to such beneficiaries. "Retirement
Account" means a plan qualified under IRC Section 401, or an individual retirement arrangement
under IRC Section 408, or a Roth IRA under IRC Section 408A, or a tax-sheltered annuity under
IRC Section 403 or any other benefit subject to the distribution rules of the IRC Section 401(a)(9),
or the corresponding provisions of any subsequent federal tax law. It is my intention that this trust
qualify as a "conduit trust" under IRC Section 401(a)(9) so that the trust beneficiaries shall be
considered designated beneficiaries for purposes of the minimum distribution rules, and that
distributions may therefore be taken over the trust beneficiary's life expectancy (or the life
expectancy of the oldest trust beneficiary). The Retirement Accounts shall not be subject to the
claims of any creditor of my estate and they shall not be applied to the payment of my debts, taxes
or other claims or charges against my estate unless and until all other assets available for such
purposes have been exhausted, and even then only to the minimum extent that would be required
under applicable law in the absence of any specific provision on this subject in this my Will,
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(i) to employ any attorney, investment advisor, or other agent deemed necessary by
my Executor; to pay from my estate reasonable compensation for all their services,
0) 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
(k) to receive reasonable compensation in accordance with their standard schedule of
fees in effect while their services are performed.
Article IX
I hereby appoint my daughter-in-law, CHARLOTTE C. HALL, as Trustee of any
Trust(s) created in this Will for the benefit of the issue of my son, R. MARSHALL HALL. In
the event of the renunciation, death, or inability to act, for any reason whatsoever of
CHARLOTTE C. HALL, I nominate, constitute and appoint my daughter, KRISTINE E.
MINER, successor Trustee of any Trust(s) created in this Will for the benefit of the issue of my
son, R. MARSHALL HALL.
I hereby appoint my granddaughter's husband, JUSTIN J. HERTZ, as Trustee of any
Trust(s) created in this Will for the benefit of the issue of my granddaughter, CARLY L.
HERTZ. In the event of the renunciation, death, or inability to act, for any reason whatsoever of
JUSTIN J. HERTZ, I nominate, constitute and appoint my son, R. MARSHALL HALL,
successor Trustee of any Trust(s) created in this Will for benefit of the issue of my
granddaughter, CARLY L. HERTZ.
_6_
Article X
I nominate, constitute, and appoint my children, R. MARSHALL HALL and
KRISTINE E. MINER as Co-Executors of my Last Will and Testament. I direct that my Co-
Executors 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 Co-Executors shall receive reasonable
compensation for services rendered to my estate.
Article XI
In addition to the powers conferred by law, I authorize my Co-Executors in their 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,
(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,
(f) 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,
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(h) to employ any attorney, investment advisor, or other agent deemed necessary by
my Co-Executors; 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, and
0) to receive reasonable compensation in accordance with their standard schedule of
fees in effect while their services are performed.
IN WITNESS WHEREOF, I, EDNA G. HALL, hereby set my hand to this my Last Will
and Testament, on Z _} , 2013, at Harrisburg, Pennsylvania.
EDNA G. HALL
In our presence, the above-named EDNA G. HALL signed this and declared this to be
her Last Will and now at her request, in her presence, and in the presence of each other, we sign
as witnesses.
Name Address
2000 Linglestown Rd., Suite 202, Harrisburg, PA 17110
2000 Linglestown Rd., Suite 202, Harrisburg, PA 17110
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I, EDNA G. HALL, Testatrix, 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
EDNA G. HALL, the Testatrix,
on 7���A/Y o�07 , 2013.
Notary Public EDNA G. HALL
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Melissa M.Kain,Notary Public
Susquehanna Twp.,Dauphin County
My Commission ExPlyda Aug.11,2.014
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 Testatrix sign and execute
this instrument as her Will; that she signed and executed it willingly as her free and voluntary act
for the purposes therein expressed; that each of us in her sight and hearing signed the Will as
witnesses, and that to the best of our knowledge, that she 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 ,,iNOA .f•• &sEAl
and (� — . F. C rtn ss
witness s, on —.3-A r) a a d , 2013.
Wit es
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Melissa M.Kain,Notary Public
Susquehanna Tap.,Dauphin County
My Commission EXPIMI Au ,Ili 2914 -9-