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HomeMy WebLinkAbout01-31-05 Estate of p~;.~~~~~ F~~C~ROBA TE and N:~7~ Otr~l_EJh~ also known as To: , Deceased. Register of Wills for the County of Cy.mggrlilR9 Commonwealth of Pennsylvania in the Social Security No. 1 ~ ~ ~ t ~ t Q t The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years of age or older and the executr in in the last will of the above decedent, dated November 14. 2003 and codicil(s) dated none named (state relevant circumstances, e.g. renunciation, death of executor, etc.) Decedent was domiciled at death in rllmh,:::>rl ;::mn County, Pennsylvania, with h last family or principal residence at ?n r;rf""l~ f)riuA MCilrh;:;,n;f""chllri) TTrrcr ~ 11 An 'T'f"\b7nahir (list street, number and municipality) Decedent,then 74 yearsofage,died Dprpmhpr?O ?n04 at 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: Decedent 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 Pennsylvania situated as follows: $U,QQQ.QQ $ $ $ WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented herewith and the grant of letters Testamentarv thereon. (testamentary; administration c.t.a.; administration d.b.n.c.t.a.) ~~~\~ c, _ :,'~ ~~~ ; ~ i " '6 u c " "' " ~ " " <<" " "0 C C 0 ~ .;:: ~.;:: ~~ Eb . c '" Vi patricia Ann Wech 714 Range End Road Dillsburq, PA 17019 MAILING ADDRESS: P. O. Box 186 Grantham, PA 17027 (",J- C""(""'~ . .-., ~--- ,("::,, :;::',:, '::'0 '-'''1 --I I~._. ,:' ,..... (.'.) -[ OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA } ss COUNTY 01" rTTMRRRLl\Nn The petitioncl'(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 belief of petitioner(s) and that as personal represen- tative(s) of the above decedent petitioner(s) will well uly administer the estate according to law. ~ W-e f- { Vo ,;0. ~ c .. ~ "- Sworn to or affirmfd t"j/ubscribed b ore me tins day of No. ;J/-6)-Q9j Estate of DOROTHY S. WECH , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW , in consideration of the petition on the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s) dated 1\1rn.Tt=>mhor lA. 'Jnn'l described tberein be admitted to probate and filed of record as the last will of Dorothv S. Wech and Letters 'T'Qc+-;:lmt=>n+-:=lorlT are hereby granted to Patricia Ann Wech FEES Register of Wills ~ Probate, Letters, Etc. . Sbort Certificates ( . . . $ ~......$ ....... $ $ TOTAL _ $ ATTORNEY (Sup. Ct. J.D. No., Susan E. Lederer, No. 44861 4Rl1 ,1nnA~tnwn ROAn ~l1;rp ??6 ADDRESS Renunciation. . . Filed. . . . . . . . HArri ~hllrg PA 1710Q PHONE 717-652-7340 ;) ( ~o) -:009 j Last Will and Testament of Dorothy S. Wech I, Dorothy s. Wech, a resident of Mechanicsburg, Cumberland County, Pennsylvania, revoke any prior wills and codicils made by me and declare this to be my Last Will and Testament. Article One Family Information I have two children. Their names and dates of birth are: Robert Wech, born on December 21, 1950 and (..J Patricia Ann Wech, born on June 22, 1952 il C) Article Two Distribution of My Property ........ Section 2.01 Disposition of Tangible Personal Property I direct that my executor shall distribute my tangible personal possessions according to a separate "Personal Property Memorandum" or other similar writing, which shall be signed by me and kept with my Estate Planning Portfolio. It is my intent that such writing qualifies to distribute my tangible personal possessions under applicable state law. If such writing is not found at the time of my death, or ruled an improper disposition, this bequest shall lapse and my tangible personal possessions shall become part of my living trust. If any items of tangible personal property I happen to own are not mentioned in such list, such items shall become part of my living trust. If any such gift shall lapse, then such items shall become part of my living trust. Page I of9 Section 2.02 Pour-Over to My Living Trust All of my probate estate, excluding any property over which I might have a power of appointment, and after payment of expenses and taxes which are paid pursuant to this will, I give to the Trustee of the Dorothy S. Wech Revocable Living Trust dated November 14, 2003, and executed prior to this will, to be added to the property of that trust and direct that the Trustee administer the property as provided in the trust agreement and any amendments prior to my death. Section 2.03 Alternate Disposition If the trust referred to in the foregoing paragraph is not in effect at my death or if for any other reason the pour-over cannot be accomplished, I specifically and completely incorporate the terms of the trust into this will by reference. In such a situation, I direct my executor to establish a trust in accordance with the provisions of such trust and give the remainder of my estate, excluding any property over which I might have a power of appointment, to the Trustee of said trust to be administered as provided in the trust agreement. Article Three Designation and Succession of Fiduciaries Section 3.01 Executor I nominate Patricia Ann Wech as my executor. If Patricia Ann Wech fails or ceases to act as my executor, I nominate Debbie Spungin Klabe as my successor executor. Article Four Powers of Fiduciaries Section 4.01 Grant My executor may perform every act reasonably necessary to administer my estate and any trust established under my will. Specifically, my executor may exercise the following powers: hold, retain, invest, reinvest, sell, and manage real or personal property, including interests in any form of business entity including, but not limited to, limited partnerships and limited liability companies, and policies of life, health and disability insurance, without diversification as Page 2 of9 to kind, amount or risk of non-productivity and without limitation by statute or rule of law. My executor may partition, sell, exchange, grant, convey, deliver, assign, transfer, lease, option, mortgage, pledge, abandon, borrow, loan and contract. My executor may distribute the assets of my estate in cash or kind or partly in each at fair market value on the date of distribution, without requiring pro rata distribution of specific assets and without requiring pro rata allocation of the tax bases of such assets. My executor may hold in nominee form, continue businesses, carry out agreements, deal with itself, other fiduciaries and business organizations in which my executor may have an interest. It may establish reserves, release powers, and abandon, settle or contest claims. It may employ attorneys, accountants, custodians of the trust assets, and other agents or assistants as deemed advisable to act with or without discretionary powers and compensate them and pay their expenses from income or principal or both. Section 4.02 Powers Granted by State Law In addition to all of the above powers, my executor may exercise all powers granted under applicable state law as set forth in the Pennsylvania Probate, Estates and Fiduciaries Code, as amended after the date of my will. I incorporate such Act as it exists today by reference and make it a part of my will. Section 4.03 Distribution Alternatives My executor may make any payments under my will: Directly to the beneficiary; In any form allowed by applicable state law for gifts or transfers to minors or persons under disability; To the beneficiary's guardian, conservator, or caregiver for the benefit of the beneficiary; or By direct payment of the beneficiary's expenses. A receipt by the recipient for any such distribution, if such distribution is made in a manner consistent with the proper exercise of my fiduciaries' duties hereunder, shall fully discharge my fiduciaries. Page 3 of9 Article Five Administrative Provisions Section 5.01 Court Proceedings If any trust is established under my will that trust shall be administered in a timely and efficient manner consistent with its terms, free of active judicial intervention and without order, approval or other action by any court. It shall be subject only to the jurisdiction of a court being invoked by the trustees or other interested parties or as otherwise provided bylaw. Section 5.02 No Bond I direct that no fiduciary shall be required to give any bond in any jurisdiction, and if, notwithstanding this direction, any bond is required by any law, statute, or rule of court, no sureties be required. Section 5.03 Compensation Any fiduciary under this instrument shall be entitled to reasonable compensation commensurate with services actually performed and to be reimbursed for expenses properly incurred. Section 5.04 Ancillary Fiduciary In the event ancillary administration shall be required or desired and my domiciliary executor is unable or unwilling to act as an ancillary fiduciary, my domiciliary executor shall have the power to designate, compensate, and remove the ancillary fiduciary. The ancillary fiduciary may either be a natural person or a corporation. My domiciliary executor may delegate to such ancillary fiduciary such powers granted to my original executor as my executor may deem proper, including the right to serve without bond or surety on bond. The net proceeds of the ancillary estate shall be paid over to the domiciliary executor. Page 4 of 9 Article Six Tax Provisions Section 6.01 Death Taxes and Payment of Expenses The trustee of the trust referred to in this will is authorized to pay my funeral and burial expenses, claims against my estate, and expenses of estate administration. Accordingly, I direct my executor to consult with the trustee to determine the preferable source for payment of such amounts and which, if any, should be requested from the trust. I direct my executor to follow any instructions contained in the Dorothy S. Wech Revocable Living Trust in making any tax election, including, but not limited to, the allocation of my GST Exemption. I direct that the taxes imposed by reason of my death upon property passing under and outside my will be apportioned and paid in the manner provided in the Dorothy S. Wech Revocable Living Trust, and I incorporate the tax apportionment provisions of the Dorothy S. Wech Revocable Living Trust as part of my will. In no event shall any of such taxes be allocated to or paid from property which is not included in my gross estate for federal estate tax purposes or which qualifies for the federal estate tax charitable deductions. Section 6.02 Tax and Administrative Elections My executor may exercise any available elections under any applicable income, inheritance, estate, succession, or gift tax law. This authority specifically includes the power to select any alternate valuation date for death tax purposes and the power to determine whether any or all of the administration expenses of my estate are to be used as estate tax deductions or as income tax deductions, and no compensating adjustments need be made between income and principal as a result of such determinations unless my executor shall determine otherwise, in the discretion of my executor, or unless required bylaw. My executor shall not be liable to any beneficiary of my estate for tax consequences occasioned by reason of the exercise or non-exercise of any such elections or by reason of the allocation and distribution of property in kind in full or partial satisfaction of any beneficiary's interest in my estate. Page 5 of9 Article Seven General Provisions Section 7.01 Applicable Law The validity and construction of my will shall be determined by the laws of the Commonwealth of Pennsylvania. Section 7.02 Contest Provision If, after receiving a copy of this paragraph, any person shall in any manner, directly or indirectly, attempt to contest or oppose the validity of my will or my living trust, including any amendments thereto, or commences, continues or prosecutes any legal proceedings to set this agreement aside, then such person shall forfeit his or her share, cease to have any right or interest in the trust property, and shall for the purposes of this agreement be deemed to have predeceased me. This Section shall not apply so as to cause a forfeiture of any distribution otherwise qualifying for the federal estate tax charitable deduction. Section 7.03 Construction Unless the context requires otherwise, words denoting the singular may be construed as denoting the plural. Words of the plural may be construed as denoting the singular. Words of one gender may be construed as denoting another gender, if appropriate. Section 7.04 Headings and Titles The headings and paragraph titles are for reference only. Section 7.05 Internal Revenue Code, IRC or Code References to the Internal Revenue Code, the IRC or the Code shall refer to the Internal Revenue Code of the United States. References to specific sections of the Code shall be to any sections of like or similar import that replace the specific sections as a result of changes to the Internal Revenue Code made after the date of my will. Page 6 of9 Section 7.06 Other Definitions Except as otherwise provided in my will, terms shall be as defined in the Pennsylvania Probate, Estate and Fiduciaries Code as amended after the date of my will and after my death. Section 7.07 Survivorship For purposes of this will, any beneficiary shall be deemed to have predeceased me if such beneficiary dies within 30 days after the date of my death. Section 7.08 Severability If any part of this instrument shall be adjudicated to be void or invalid, the remaining provisions not specifically so adjudicated shall remain in full force and effect. I, Dorothy S. Wech, the Testatrix sign my name to this instrument on Novr;mhPr /1/ , 2003 and being first duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my last will and testament, that I sign it willingly (or willingly direct another to sign for me), that I execute it as my free and voluntary act for the purposes therein expressed, and that I am eighteen years of age or older, of sound mind, and under no constraint or undue influence. I)~/W~ Dorothy S. ech, Testatrix Page 7 of9 Signed, sealed, published and declared by DOROTHY S. WECH, the testatrix above named, as and for her Last Will and Testament, in our presence, and we in her presence, and in the presence of each other, have hereunto subscribed our names as witnesses: Witnesses: Address: ~(I~ ;;)J... C, r~ ~ J)r. 'IX. rv/pJ..lJJ)t"cS. b'ry Iff- 17CJsJ '5 C J,.e..-ls.e.o. (a 11 '€ ~Qc-rt'sbIJ'j) Pl/n/OCr. Page 8 of9 SELF-PROVING AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) ) ss: COUNTY OF CUMBERLAND ) We, DOROTHY S. WECH, A----,~~"V...~. HJ..\~d ~ H. Mv""-r~ the testatrix and the witnesses, respictively, whose names are subscribed to the foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testatrix signed and executed the instrument as her Will and that she had signed willingly and that she executed it as her free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the testatrix, signed the Will as witness and that to the best of each such witness's knowledge the testatrix was at that time eighteen (18) or more years of age, of sound mind, and under no constraint or undue influence. UM-d~L/Jf~ DOROTHY . WECH ~~ tv\ ~e o.../c Witness f1:~~ Subscribed, sworn to and acknowledged before me by DOROTHY S. WECH, the testatrix, and subscribed and sworn to before me by AM::,.'" 1 '^- M. M c..L-\~, ~ and ~ N. ~'-1 q,.. , witnesses, this /<fffl day of Alovanber ,2003. ~/ E,1~~ Notary Public Notarial Seal SuIaa B. Loclerer. NobltY Public Lower Pucon 'lWp., Dauphin Count)' My Commission Expire. May 3. 2004 Page 9 of9