HomeMy WebLinkAbout04-10-14 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 averts)the
following and respectfully requests the grant of Letters in the appropriate form:
Decedent's Information
Name: Richard M.Biggs File No: 21 -13
a/k/a: (Assigned by Register)
a/k/a:
a/k/a: Social Security No:
Date of Death: 1210818094 /3 Age at Death: 87
Decedent was domiciled at death in Cumberland County, PA (State)with his/her last
principal residence at 4837 E.Trindle Rd.,Mechanicsburg 17050 Hampden Township Cumberland
Street address,Post Office and Zip Code City,Township or Borough County
Decedent died at _Manor Care 1700 Market Street Camp Hill 17011 Cumberland PA
Street address,Post Offce 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 $ 500.00
If not domiciled in Pennsylvania................. Personal property in Pennsylvania $
If not domiciled in Pennsylvania................. Personal property in County $
Value of real estate in Pennsylvania........... $
TOTAL ESTIMATED VALUE$ 500.00
Real estate In Pennsylvania situated at None
(Attach additional sheets,R necessary.) ^�
0
Street address.Post Office and Zip Code City,Township or Borough s bfTl
3-- p
ED
❑
X A. Petition for Probate and Grant of Letters Testamentary D
rn m
Pefitioner(s)averts)that helshefthey is/am the Executor(s)named in the Last Will of the Decedent,dated r0Tltt7tl 11 O ;;a Wd Codicil(s)
thereto dated
(State retevant circumstances,e.g.,renunciation,death or executor,etc)
Except as follows:after the execution of the instruments)offered for probate,Decedent did not marry,was not divorced,waSl®t a ppartrtyy to a wing cn O
divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S.§3323(9),and did not hate a childborn o�' _TI
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 (If applicable)
c.t.a.; . .n.; . .n.c..a.;pe en e lite,durante absentia, uran a mtnon a e
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.
❑
X NO EXCEPTIONS❑ EXCEPTIONS
Petfioner(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.ta+t-2oH Copyright(c)2011 form soflware only The Lackner Group,Inc. Pagel 02
Oath of Personal Representative Official Use Only
COMMONWEALTH OF PENNSYLVANIA }
} SS:
COUNTYOF Cumberland }
Petitioners)Printed Name Petitioner(s)Printed Address
Kerry Biggs 2 Lonk Lane
Mechanicsburg,PA 17050
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 th Decedent,Petitioners)will well and truly administer the estate according to.law.
Sworn to or affirmed a subscribed before �/1/Gln� Date { [
Me is day of ,2O4N w Date
0
B Date
Fw the Register Date
BOND Required? E] Yes I-XI No To the Register of Wills:
FEES Please enter my appearance by my signature below:
Letters............................................ $ 20.00 Attorney Signa r e:
( 3 )Short Certificate(s).......... 15.00
(_)Renunciation(s)...............
(_)Codicil(s).........................
(_)Affidavit(s)....................... Printed Name: Richard E Connell Esq
Bond............................................. Supreme Court
Commission................................... ID Number: 21542 *--,. ^
Other Will 15.00 C s rn
Inventory 15.00 Finn Name: Ball,Murren&Connell � C" -T rrI c->
Inheritance Tax Return 15.00 Address: 2303 Market Street cu 6 _v —
Automation Fee 5.00
JCS Fee 23.50 m rs1
Camp Hill,PA 17011 N.�:O
O C? p 3] 'n -Ti
Phone: 7171232-8731
Automation Fee............................. �' rn
r—
Fax: 7171232-2142 '-f r— m O
JCSFee.........................................
TOTAL........................................... $ 108.50 E-mail: connell @bmc-law.net N
DECREE OF THE REGISTER
Date of Death: 12/08/2014
Social Security No:
Estate of Richard M.Biggs File No: 21 -13-- 1
a/k/a:
AND NOW, P49n lo in consideration of the foregoing Petition,
satisfactory proof having been presented before me,IT IS DECREED that Letters Testamentary
are hereby granted to Kerry Biggs
in the above estate and(if applicable)that the instrument(s)dated 0711412011
described in the Petition be admitted to probate and filed of record asAhe last Will(and Cod' it s))of Decedent.
R g ter of Will f CY
Form RW-02 ray. fat famf Cop t(c)2011 mrtn software only The La�kn`er"Group,Inc. I Gage 2 of 2
II
"
RECORDED OFFICE OF
REGISTER OF WILLS
2014 NOR 10 R9 8 Sl
CLLPAST WILL AND TESTAMENT
ORPHANS' COURT
CUMBERLAND CO.. PA OF
RICHARD ]BIGGS
I, RICHARD BIGGS, having my legal residence at 945 S. 30'" Street, Camp Hill, Cumberland County,
Pennsylvania, 17011, do hereby declare this to be my Last Will and Testament, revoking all other Wills and
Codicils heretofore made by me.
I declare that I am married to Nancy Biggs and that all references to my wife are to her. I further declare the
following three (3)children are born to me, Steven Biggs, Robin Clouser, and Kerry Biggs.
ITEM ONE: I direct that all my valid debts and the expenses of my last illness and funeral be paid from
my estate as soon as practicable after my death.
ITEM TWO: I give and bequeath all of my tangible personal property to my wife, NANCY BIGGS. In the
event my wife fails to survive me, I give and bequeath all of my tangible personal property to my residuary heirs
under Item Four, below as follows:
A. All items of tangible personal property shall be inventoried and valued at a fair market value.
B. I may leave a Memorandum listing some of the items of my tangible personal property which I wish
certain persons to have and request that my wishes as set forth in the memorandum be observed by
my Personal Representative. Any items of tangible personal property not so designated shall be
divided and distributed among my residuary heirs as follows:
1. Each of my heirs may select one item, in rotation, in order determined by lot, until such time at
which the items chosen by each heir reach such heir's proportionate share of the total value of
my estate, or until such time as each heir wishes to make no further selections.
2. Any items not selected shall be sold and the net proceeds added to the residue of my estate.
3. To the extent my heirs are unable to agree, the decision as to what may constitute "one item"
for purposes of this selection shall be made by my Personal Representative(s).
4. Any disputes concerning this method of allocation shall be resolved by my Personal
Representative(s) in my Personal Representative's sole discretion.
5. To the extent my Personal Representative is unable to resolve a dispute among two or more of
my heirs concerning the in-kind distribution of any of my personal property, 1 direct my Personal
1
Representative to sell the disputed property and the net proceeds there from be added to the
residue of my estate.
ITEM THREE: I give and devise any interest I may own in any real property together with the
insurance thereon to my wife, NANCY BIGGS. In the event my wife fails to survive me, I direct that any interest I
may own in any real property together with the insurance hereon shall pass with the residue of my estate. My
Personal Representative may either distribute any real property at its then fair market value to one or more of my
residuary heirs under and in accordance with Item Four below, or may sell any such real property and the net
proceeds there from be added to the residue of my estate.
ITEM FOUR: I give, bequeath and devise all the residue of my estate, of whatsoever nature and
wheresoever situate, to my wife, NANCY BIGGS. In the event my wife fails to survive me, I give, bequeath and
devise all of the residue of my estate to my children, STEVEN BIGGS, KERRY BIGGS, and ROBIN CLOUSER, in
equal shares per stirpes. However, my son, STEVEN BIGGS, has already received an advancement of $5,000;
thus, his share of my estate will be $5,000 less than the rest of my children. In determining the value of a
beneficiary's share of my residuary estate, I direct that the value of my residuary estate be augmented by the
value of any personal and real property distributed in-kind under Items Two and Three, above.
ITEM FIVE: Should any beneficiary of mine be under the age of twenty-five (25) years, my
Personal Representative shall hold such beneficiary's share of my estate, as Trustee, IN TRUST and shall invest,
reinvest and distribute the principal and net income of such beneficiary's share as follows:
A. Until such beneficiary attains the age of twenty-five (25) years, my Trustee, in my Trustee's sole but
reasonable discretion, may pay or apply the income and any or all of the principal of such beneficiary's
share for the health, maintenance, support and education of such beneficiary considering all other
sources of income available to such beneficiary and known to my Trustee. Upon such beneficiary attain-
ing the age of twenty-five (25) years, my Trustee shall distribute the balance of the principal and
accumulated income, if any, of each such beneficiary's share to such beneficiary.
B. Should the principal of the Trust Estate, in the sole opinion of my Trustee, be or become too small to
warrant placing or continuing of such fund in trust or should its administration be or become impractical
for any other reason, my Trustee, in the exercise of their sole discretion, may pay such share absolutely
to the person maintaining such beneficiary or may place such shares in the beneficiary's name in an
interest-bearing deposit in any bank, bank and trust company or national banking association of his
choosing, payable to the beneficiary at majority, or if said beneficiary has reached his or her majority,
then to him or her directly.
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C. All shares of principal and income hereby given shall be free from anticipation, assignment, pledge or
obligation of my beneflciary(s), and shall not be subject to any execution or attachment.
ITEM SIX: I appoint, my wife, NANCY BIGGS, my personal representative of this my Will. In the
event my wife is unable or unwilling to act or continue to act as my Personal Representative, I appoint my son,
KERRY BIGGS, to be Personal Representative of my estate. In the event that my son, KERRY BIGGS, is unable
or unwilling to act or continue as my Personal Representative, for any reason whatsoever, then 1 appoint my
daughter, ROBIN CLOUSER, to be Personal Representative of my estate,
ITEM SEVEN: I appoint my duly appointed Personal Representative(s) Trustee(s) of the Trust(s)
created pursuant to Item Five, above.
ITEM EIGHT: No bond shall be required of any fiduciary hereunder in any jurisdiction. No fiduciary
hereunder shall have any liability for any mistake or error of judgment made in good faith.
ITEM NINE: I authorize my Personal Representative(s) and Trustee(s) to exercise the following
powers in addition to those given by law, to be exercised in their sole discretion:
A. To retain any or all of the assets of my estate, without regard to any principle of diversification, risk or
productivity;
B. To invest in all forms of property without restriction to investments authorized for any type of
fiduciary,
C. To compromise any claim or controversy;
D. To loan money to or buy property from my estate;
E. To borrow money from any person, including any Executor or Trustee, and to mortgage or pledge any
real or personal property;
F. To sell at public or private sale, to exchange or to lease for any period of time, any real or personal
property, and to give options for sales, exchanges or leases, all for such prices and upon such terms and
conditions as they deem proper;
G. To allocate receipts and expenses to principal or income or partly to each as they deem proper;
H, To repair, alter or improve any real or personal property;
Z. To distribute in cash or in kind or partly in each at valuations fixed by them;
J. To keep reasonable amounts of cash in a bank uninvested if deemed advisable for the protection of the
principal;
K. To subscribe for or to exercise options for stocks, bonds or other investments;to join in any plan of lease,
mortgage, merger, consolidation, reorganization, foreclosure or voting trust and to deposit securities
thereunder, and to generally exercise all the rights of security holders or employees of any corporation;
L. To register securities in the name of a nominee or in such manner that title shall pass by delivery;
M. To add to the principal of any trust created by this instrument any real or personal property received from
any person by Deed, Will or in any other manner;
N, To exercise all power, authority and discretion given by this instrument after the termination of any trust
created herein until the same is fully distributed;
O. To use their sole discretion in deciding whether stock dividends on stock they hold in trust should be
apportioned to principal or income, except stock dividends of regulated investment companies which
shall be added to principal;
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P. To commingle the assets of any trust estate created by this Will in any one or more common funds for
greater convenience and flexibility;
Q. To employ agents, accountants, engineers and such other persons, professional or otherwise, as may be
necessary for the proper administration of this estate or trust and to pay their compensation from such
funds; and
R. To disclaim all or any interest in a property passing to me or my estate.
ITEM TEN: I realize that Personal Representatives are given discretion by law to make various
elections which affect the income and estate taxes payable by estates and beneficiaries, as well as the relative
shares of beneficiaries, such as taking administration expenses as deductions for either estate or income tax
purposes, selecting options for the payment of employee death benefits, electing to take a qualified terminable
interest as part of the marital deduction, selecting alternate valuation dates, postponing the payment of taxes,
filing joint income tax or gift tax returns and redeeming corporate stock. The decisions made by my fiduciaries in
any of these matters shall be binding upon, and not subject to question by, any affected persons. I rely upon my
fiduciaries to take into consideration the total income and estate taxes payable by reason of their decisions
including those payable by my survivors, and they are authorized in their discretion, but not required, to make
adjustments between income and principal as a result thereof.
ITEM ELEVEN: I direct that all estate, inheritance and other taxes in the nature thereof, together with
any interest and penalties thereon, becoming payable because of my death with respect to the property constitut-
ing my gross estate for death tax purposes, whether or not such property passes under this my Last Will and
Testament, shall be paid from the principal of my residuary estate, and no person receiving or having a beneficial
interest in any such property, whether under this my Last Will and Testament or otherwise, shall at any time be
required to contribute to or refund any part thereof; PROVIDED, however, that this direction shall not apply to the
taxes on any property included in my estate solely because of a power of appointment thereover which I possess
but have not exercised or on any qualified terminable interest or to any generation-skipping transfer taxes.
ITEM TWELVE: No gift or beneficial interest shall be subject to anticipation, assignment, pledge,
obligation, or alienation of my beneficiary(s), whether voluntary or involuntary, and the income and principal
thereof shall not be subject to any execution or attachment.
ITEM THIRTEEN: If any beneficiary, person or entity in any manner, directly or indirectly, contests or
attacks this Will or any of its provisions, or objects to the accounts or actions of my fiduciaries, without probable
cause, such beneficiary, person or entity shall pay all costs, including but not limited to attorneys' fees, arising in
connection with such contest, attack or objection incurred by my estate, such trust or such fiduciary personally. In the
event that such beneficiary, person or entity does not prevail in such action, any share or interest in my estate or such
trust which would otherwise pass to such beneficiary, person, entity or remainderman under this Will shall be revoked
4
and the property consisting of such share shall be disposed of in the manner provided herein as if that contesting
person or entity had predeceased be without surviving issue.
ITEM FOURTEEN: Should any of the provisions of my Will be for any reason declared invalid, such
invalidity shall not affect any of the other provisions of this Will and all invalid provisions shall be wholly disregarded in
interpreting this Will.
ITEM FIFTEEN: This Will shall be construed, regulated and governed by and in accordance with the laws
of the Commonwealth of Pennsylvania.
IN WITNESS WHEREOF, I have at Mechanicsburg, Pennsylvania, on ..iu�r� l3, zms/ set my hand
and seal to this my Last Will and Testament consisting of five (5) pages plus any witness, acknowledgement,
affidavit and certification pages.
(SEAL,)
RICHA BIGGS
SIGNED, SEALED, PUBLISHED AND DECLARED BY RICHARD BIGGS, the above named Testator, as and for
his Last Will and Testament, in the presence of us, who, at his request and in his presence, and in the presence
of each other, have hereunto subscribed our names as witnesses.
Witness tAessVI
Address Address
5
ACKNOWLEDGEMENT
COMMONWEALTH OF PENNSYLVANIA
: SS:
COUNTY OF CUMBERLAND
I, RICHARD BIGGS, the Testator whose name is signed or represented by my mark to the attached or foregoing
instrument, having been duly qualified according to law, do hereby acknowledge that I signed or made my mark and
executed the instrument as my Last Will, and that I executed it willingly and as my free and voluntary act for the
purposes therein expressed.
RICHARD BIG�r
Sworn to or affirmed and acknowledged before me, by RICHARD BIGGS, the Testator on
Notary Public or PA Attorney
6
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND , SS:
I, C r/Clq }/ `�o4 � a witness whose name is signed to the attached or
foregoing instrument, being duly sworn and qualified according to law, do depose and say that I was present and
saw the Testator sign or make his mark and execute the instrument as his Last Will; that he had executed the
instrument willingly and executed it as his free and voluntary act for the purposes therein expressed; that each
subscribing witness in the hearing and sight of the Testator, signed the Will as Witness; and that to the best of my
knowledge the Testator was at that time eighteen (18) years of age or older, of sound mind and under no
constraints or undue influence.
i ass /
Sworn to or affirmed and acknowledged before me, by y� b V40 a Witness on
1H
f
Notary Public or PA Attorney
7
i
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
: SS:
COUNTY OF CUMBERLAND
I, David D. Nesbit, a witness whose name is signed to the attached or foregoing instrument, being
duly sworn and qualified according to law, do depose and say that I was present and saw the Testator sign or
make his mark and execute the instrument as his Last Will; that he executed the instrument willingly and executed
it as his free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing
and sight of the Testator, signed the Will as Witness; and that to the best of my knowledge the Testator was at
that time eighteen (18) years of age or older, of sound mind and under no const 'nts or undue influence.
Witness
Sworn to or affirmed and acknowledged before me, by David D. Nesbit, a Witness on
Notary Public
CERTIFICATION NOTARIAL SEAL
MARCIA M NESBIT
COMMONWEALTH OF PENNSYLVANIA Notary Public
SS: UPPER ALLEN TWP.,CUMBERLAND COUNTY
COUNTY OF CUMBERLAND My Commission Expires Jun 4,2014
On -Z/tj/y 10// , 2011, before me the undersigned officer, personally appeared David D.
Nesbit, Esquire (Pennsylvania Supreme Court ID No. 77411), known to me or satisfactorily proven to be a
member of the bar of the highest court of Pennsylvania and certified that he was personally present when the
foregoing acknowledgement and affidavit(s)were executed by the Testator and witnesses.
IN WITNESS HEREOF, I hereunto stet jme hand and official seal.
Notary Public
NOTARIAL SEAL
MARCIA M NESBIT
Notary Pubtic
UPPER ALLEN TWP.,CUMBERLAND COUNTY
My Commission Expires Jun 4,2014
8
ESTATE MEMORANDUM OF
RICHARD BIGGS
This informal letter of instruction to my family and Personal Representative serves to
convey my personal wishes concerning distribution of selected personal effects. In any situation
where the provisions of this letter may be deemed to be inconsistent with or contrary to the terms
of my Will, or other formal Estate Planning Documents, it is my desire and intent that the
provisions of my Will and other formal Estate Planning instruments shall govern and be
controlling since I do not intend that this letter shall serve in any respect as a Will nor shall the
terms of this letter override the provisions of a Will or a Trust executed by me whether it was
signed prior or subsequent to the date of this letter.
Distribution of Personal Property
Description of Property Beneficiary
1. 1.
2. 2.
3, 3.
4. 4.
5. 5.
6. 6.
7. 7.
8. 8.
9. 9.
10. 10.
11. 11.
12. 11
Description of Property Beneficiary
13. 13,
14. 14.
15. 15. _
16. 16.
17. IT
18. 18.
19. 19.
20. 20.
21. 21,
22. 22.
23. 23.
24. i 24.
25. 25.
Other Directions To My Family:
2
REGISTER OF WILLS CERTIFICATE OF
CUMBERLAND COUNTY GRANT OF LETTERS
PENNSYLVANIA
No. 2014- 00276 PA No. 21- 14- 0276
Estate Of: RICHARD M BIGGS
(First,Middle,Last)
Late Of: HAMPDEN TOWNSHIP
CUMBERLAND COUNTY
0 Deceased
Social Security No:
WHEREAS, on the 10th day of April 2014 an instrument dated
July 14th 2011 was admitted to probate as the last will of
RICHARD M BIGGS
(Felt,Middle,Last)
late of HAMPDEN TOWNSHIP, CUMBERLAND County,
who died on the 8th day of December 2013 and,
WHEREAS, a true copy of the will as probated is annexed hereto.
THEREFORE, I, LISA M. GRAYSON, ESQ. , Register of Wills in and
for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby
certify that I have this day granted Letters TESTAMENTARY to:
KERRY BIGGS
who has duly qualified as EXECUTOR(RIX)
and has agreed to administer the estate according to law, all of which
fully appears of record in my office at CUMBERLAND COUNTY COURT HOUSE,
CARLISLE, PENNSYL vANIA.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal
of my office on the 10th day of April 2014.
. �
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