Loading...
HomeMy WebLinkAbout03-04-14 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)thi following and respectfully requests the grant of Letters in the appropriate form: Carol E.Schaar Decedent's Information _ Name: Emily E Zagoric File No: 21 —13 — I Z5y a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: 0 911 812 01 3 Age at Death: 86 Decedent was domiciled at death in Cumberland County, PA (State) with his/her last principal residence at 149 North 25th Street,Camp Hill 17011 Camp Hill Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at Holy Spirit Hospital Camp Hill Cumberland PA 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 Pennsy lvania........................ All personal property $ 1,500.00 If not domiciled in Pennsylvania................. Personal property in Pennsylvania $ lint domiciled in Pennsylvania................. Personal property in County $ Value of real estate in Pennsylvania........... $ TOTAL ESTIMATED VALUES 1,500.00 Real estate in Pennsylvania situated at (Attach additional sheets,if necessary.) Street address,Past Office and Zip Code City,Township or Borough County ❑ X A. Petition for Probate and Grant of Letters Testamentary Petitioner(s)avers)that hetai lthey is/are the Executors)named in the Last Will of the Decedent,dated 02125/2009 and Codicils) thereto dated (State relevant circumstances,e.g.,ROUnGdlbn death of executor,etc.) Except as follows:after the execution of the instruments)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. ❑X NO EXCEPTIONS❑ EXCEPTIONS ❑B. Petition for Grant of Letters of Administration of applicable) c..a.; . .n.; . .n.c..a.;pe ente lite,durminte absentia; urante moron a e If Administration,c.t.a 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. ❑X NO EXCEPTIONS❑ EXCEPTIONS Petitioner(s),after a proper search hasthave ascertained that Dearlerlt left no Will and was survived by the following spouse(if any)and heirs(attach additional sheets,if necessary): Name Relationship Address AA Do s- " mom.-, a m"�-''j 6e 6C�!... C' '" n Y w } Form RW-02 rev. fo-a f-2ov f Copyright(c)2011 form software only The Lackner Group,Inc 1 of 2 Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF } Petitioner(s)Printed Name Petitioner(s)Printed Address o 0. 01 E. $Qhaar IH9 N. 95p1' Sr. Cg019 4 4., 9A ffig—l-j tzr, rt; 1 -- The Petitioners)above-named swear(s)or affirm(s)the statements in the foregoing Petition arc true and correct to the beset of the knowledge and�dipF� of Petitioners)and that,a Pe sonal,Representative(s)of the Decedent,the Petitioner(s)will well and truly administer the estate accor9Ztlg to law. Sworn riaffirmed•an ' ubscribcd before t ' tA,� � • n���� Date -,%-el--�j/ y ����/ meA it _ day of , Q(j 13 Date By.. : Date cChe RcgislE'r L"'~ Date BOND Required:AYES [Di'PO To the Register of mills: FEES: Please enter my appearance by my signature below: Letters . . . . . . . . . .. . . .. . . . . . . . S Attorney Signature: ( 2 )Short Ccrtificatc(s).. . . . . (� ( )Renunciation(s)... . . . .. . � ^/1� ( )Codicil(s). . .. . . . . . . . . . tIV4M�.'IC, 4,4A r ( )Affidavit(s).. . . . . . .. . . . - TT__.. Bond.. . . . . . . . . . . .. .. . . . . . . . . Printed Name: be4PA. •IC. LAVII&A- Commission. . . . . . . . . . . . . . . .. . Supreme Court Other . . . . . . . . ID Number:' �Ip9 . . . . . . . . Iii Firm Name: 1.ilw 04A.,j Of De6Ga Y. I.Ji llw- . . . . . . . . _I�'i Address: 24 N. 330A St. . . . . . . . . ,� MrSl.r PA 1+011 . . . . . Phone: 01"0 }3}'1300 JCS F noon Fee. . . . . . . . . . . . . . . Fax: t �I 9) '}G 1 - o 1 9 ]CS Fee. . . . . . . . . . . . .. . . . . . . . Email: Inlaeys�.ddb rJ AO 1. COM TOTAL. . .. . . . . . . . . . . . . . . . . . S DECREE OF THE REGISTER Estate of gfi1uLu F z a aanC File No: �l- ,-) - 12 5H a/k/a: AND NOW, MQ r(-h C4 P01 q in consideration of the foregoing etition, satisfactory proof having been presented before me, IT IS DECREED that Letters 7 are hereby granted to mf(} S• - c,hgo r in the above estate and(if applicable) that the instrument(s)dated ' . E ; Inn 9 4 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s))of Decedent. /4 egister of Wills Fo,a,RIV-02 I-ev. 10/111201 - Page 2 of 2 „—Fic” OF PEA, ,,, i Ur ';tail.-S 2611,PEAR -4 Ph, 3: 17, LAST WILL AND TESTAMENT OF EMILY E. ZAGORIC ORPH44"S COURT W Y PA E. ZAGORIC, residing at 149 N. 25th Street, Camp Hill, PA 17011 (CUMBERLAND County), make this, my LAST WILL AND TESTAMENT, and revoke all prior Wills and Codicils. ARTICLE I - IDENTIFICATION - FAMILY MEMBERS 1 .1 Child or Children. I he a the following children: CAROL E. SCHAAR, LINDA G. ZAGORIC,UDEBRA A. GRAHV) DANIEL J. ZAGORIC, and EDWARD J. ZAGORIC. All references in this Will is,my "children" are to said named children. V� ARTICLE II - DEBTS AND EXPENSES _2.1 Debts and Expenses. I direct my Executor to pay my funeral expenses, my medical expenses, the costs of administration, including ancillary, and such of my enforceable debts, other than those secured by property specifically devised under this Will or secured by property passing outside of this Will as my Executor, with sole discretion, determines shall be paid. • ARTICLE III - RESIDUE 3.1 Residuary Pour-Over. I devise all the residue of my estate, but expressly excluding any property over which I have a power of appointment, of whatever kind and wherever situated, to the Trustee of my Revocable Living Trust which I previously executed today, to be administered in accordance with the terms of the Trust Agreement now constituted and from time to time hereafter amended. ARTICLE IV - FIDUCIARY APPOINTMENTS 4.1 Fiduciary Appointments. I appoint CAROL E. SCHAAR as Executor under this my Will. If for any reason CAROL E. SCHAAR fails to qualify or ceases to act as Executor, then I appoint EDWARD J. ZAGORIC as Executor. No Executor shall be required to furnish bond or other security in any jurisdiction. Law offices 4.2 Compensation of Executor. The Executor shall be entitled to reasonable compensation JoseleA.Finney for services hereunder in accordance with the Pennsylvania statutory rate then prevailing. One Greentree Centre Notwithstanding the above, in the absence of a fee agreement executed by me during my Suite 201 10000 Lincoln Drive East lifetime, any corporate fiduciary acting hereunder shall receive compensation for its Marlton,New Jersey 08053-1536 services in accordance with its standard schedule of rates in effect during the period in which its services are rendered. Such compensation shall be in addition to any compensation paid to any individual fiduciary. Every fiduciary shall be reimbursed for the reasonable costs and expenses incurred in connection with the administration of the estate. Last Will and Testament 1 • EMILY E. ZAGORIC • ARTICLE V - ADMINISTRATIVE PROVISIONS 5.1 Survival Presumptions. If any beneficiary fails to survive me by thirty (30) days, then such beneficiary shall be deemed to have predeceased me. 5.2 Taxes. I direct that all estate, inheritance or other death taxes (including interest and penalties, if any) payable under the laws of any jurisdiction by reason of my death, whether or not the property generating such taxes passes under this Will or any Codicil (other than any generation-skipping transfer tax, tax on property over which I have a power of appointment, or tax imposed on qualified terminable interest property, which taxes are to be paid according to applicable law or from said property), shall be paid out of my residuary estate, without contribution, reimbursement or apportionment. If my residuary estate shall be insufficient to pay all such taxes or charges, I request that payment be sought from assets of the Revocable Living Trust which I previously executed this date. 5.3 Facility of Payment. The Executor may make distributions and payments of income or principal to or for the benefit of any beneficiary who is a minor, or who in such fiduciary's judgment is incompetent or incapacitated, in any one or more of the following ways: (1) directly to such beneficiary or to his or her attorney-in-fact; (2) directly in payment of the debts or expenses of such beneficiary; or (3) to the Guardian of the person or property of such beneficiary, the parent or parents of such beneficiary, a custodian for such beneficiary • under a Uniform Transfers or Gifts to Minors Act, or any other person who shall have the care and custody of the person of such beneficiary. There shall be no duty to see to the application of funds so paid, and the receipt of such person shall be full and sufficient discharge. ARTICLE VI - FIDUCIARY POWERS 6.1 Fiduciary Powers. Any power or discretion conferred upon my Executor (including any substitute or successor Executor) under this Article or otherwise may be exercised without court approval. In addition to all powers conferred upon them elsewhere in this Will or by law, I authorize my fiduciaries: (a) To retain any property for such periods of time as it shall deem advisable, without regard to any principle of diversification and notwithstanding the same may be of a wasting Law offices nature or may not be recognized by law as legal investments for fiduciaries; JoseleA.Finney (b) To sell, transfer or otherwise dispose of the same at such time, to any persons in One Greentree Centre such manner either at public or private sale, and upon such terms and conditions as shall be Suite 201 10000 Lincoln Drive East deemed advisable; Marlton,New Jersey 08053-1536 (c) To invest and reinvest my estate in stocks, bonds or other securities, notes, mortgages, shares or other interests in investment companies or investment trusts, legal and discretionary common trust funds or stock of a corporate fiduciary if one is named or in any Last Will and Testament 2 • EMILY E. ZAGORIC Iy k other property, real or personal, without being limited by any statute or rule of law • concerning investments; (d) To vote in person or by any proxy all stocks held in my estate; (e) To exercise any election or option in connection with the computation of Federal estate tax and federal income tax liabilities, Pennsylvania Estate Tax and/or Pennsylvania Inheritance Tax, including disclaimers. (f) To execute and file any federal income or gift tax returns for the year in which my death occurred and for any years prior thereto. Any deficiency, interest or penalties as to such tax returns shall be allocated in such manner as my Executors in their discretion deem equitable and proper; (g) To hold property in its own name or in the name of a nominee or bearer; (h) To exercise the power to allocate to any property, whether or not such property is part of my probate estate, any exemption from the federal tax on generation-skipping transfers provided by IRC 2631, et sec . with respect to which I am treated as the transferor; (i) To borrow money for purposes of the administration of the estate from anyone, including my Executor or the Trustee under the Revocable Living Trust established by me with or without pledge or mortgage of any assets of my estate; • (j) To continue my interest in any business or enterprise, to incorporate any such business and to hold the stock as an investment or to become a partner, general or special, in any business which my Executor deems advisable for the benefit of my estate or to take any other action with respect to any such business, interest, partnership or corporation; (k) To renew, assign, extend, compromise or release, with or without consideration, or submit to arbitration, any obligations or claims held by or asserted against my estate; (1) To allocate all stock dividends and liquidating dividends to principal and all other dividends to income; and (m) To make distributions either in property, or by selling property and distributing the proceeds. In this regard, the Executor will have the sole discretion; no beneficiary under this Will shall have any right to require a distribution of property in kind, despite any applicable Law Offices law to the contrary. Josele A.Finney 6.2 Accounting. It is my desire to avoid the expense and delay of a public or judicial One Greentree Centre accounting of the administration of my estate. An accounting of my Executor approved in Suite 201 10000 Lincoln Drive East writing by all the then current competent beneficiaries of income and principal and the Marlton,New Jersey 08053-1536 competent beneficiaries who would be entitled to my estate shall be conclusive and binding upon all persons having an interest in my estate, directly or indirectly. This shall not preclude any fiduciary from electing to submit an account for judicial settlement. Last Will and Testament 3 • EMILY E. ZAGORIC �i • 6.3 Delegation. Any fiduciary may delegate to the other fiduciaries the right to exercise any power (discretionary, administrative or otherwise) and may revoke the delegation at any time by delivery of an acknowledged instrument to such other fiduciaries. 6.4 Decisions of Majority of Fiduciaries. The decision of a majority of my Executors shall be sufficient for all decision-making purposes, and shall be effective as to all Executors. 6.5 Ancillary Administration. In the event assets of my estate are situated in any State other than the State of my domicile which would require the appointment of an Executor in such State to administer such assets (herein the Ancillary Executor), then any Executor appointed hereunder who shall be qualified to act by the laws of such other State shall be permitted to qualify and act as Ancillary Executor in such other State. In the event that no Executor appointed hereunder shall be permitted to act in such other State, or if the laws of such other State require the appointment of a resident therein, or if the Executor appointed hereunder and permitted to act fails to qualify or ceases to act, then I direct my Executor to designate a person or entity to qualify and act as Ancillary Executor without the giving of a bond or other security. In the administration of any assets which may be subject to the jurisdiction of such State, the Ancillary Executor shall be permitted to exercise any and all of the powers granted to the Executor by this my Will. ARTICLE VII - DEFINITIONS 7.1 Definitions. References in this Will to "descendant" or "descendants" shall mean child, children, and issue, whether born or adopted before or after execution of this Will, provided • that any adoptee is under the age of eighteen (18) years at the time of adoption. The singular shall be deemed to include the plural, the masculine the feminine, and vice versa. Headings and captions are for reference only. IN WITNESS WHEREOF, I subscribe my name this day of �, 206 EMILY E. ZAGORW Law Offices Josele A.Finney One Greentree Centre Suite 201 10000 Lincoln Drive East Marlton,New Jersey 08053-1536 Last Will and Testament 4 • EMILY E. ZAGORIC SIGNED, SEALED, PUBLISHED and DECLARED by the Testator to be his/her Last Will and • Testament, in our presence and in the presence of each of us, we all being present at the same time; and we, at his/her request, in his/her presence and in the presence of each other, have hereunto signed our names as attesting witnesses. L f�Crr27Ct° 6 �V(TNESS �,�d19�(�'`f C�S�L°YI�Y9�tp�NESS COMMONWEALTH OF PENNSYLVANIA 1 1 SS. COUNTY OF CUMBERLAND 1 I, EMILY E ZAGORIC, the Testator, sign my name to this instrument this ZC day • of 20 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 and that I sign it willingly, and that I execute it as my free and voluntary act for the purposes therein expressed, and that I am 18 years of age or older, of sound mind and under no constraint or undue influe e r EMILY . AGORIC Law Offices Josele A.Finney One Greentree Centre Suite 201 10000 Lincoln Drive East Marlton, New Jersey 08053-1536 Last Will and Testament 5 . EMILY E. ZAGORIC 0017WCr.-,S, don4L.and ^f2y�° L, �/�}(o7DG, the witnesses, being first duly sworn, o each hereby declare to the undersigned authority that the Testator signs and executes this instrument as his/her Last Will and Testament and that he/she signs it willingly, and that each of us states that in the presence and hearing of the Testator, we hereby sign this Will as witness to the Testator's signing, and that to the best of our knowledge the Testator is eighteen (18) years or older, of sound mind, and under no constraint or undue influence. C�palS �r�G~ J Q dY(,WITNESS • Subscribed, sworn to and acknowledged befo�re me by EMI Y E. ZAGORIC, the Testator, a d subscribed and orn to before me by / x i r�c��s SfRxh-lngnd D S(�unGt° S1 tOnq Qhwitnesses,'this day of , 20_` X. 106, /00/ A NOTA BLIC O SYLVANIA MY COMMISSION EXPIRES: Law Offices Josele A.Finney pp®NWEALTH OF PENNSYLVANIA One Greentree Centre No",621 Sea! Suite 10000 Lincoln 01 East Don �G'r�Ln,PuNic Marlton,New Jersey OhellBnham T.vp,Mentgwnery County 08053-1536 *Commission Expies Oct.8,2009 Member,Pennsylvania Associatron of Notafles Last Will and Testament 6 • EMILY E. ZAGORIC