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HomeMy WebLinkAbout04-25-14 PETITION FOR GRANT OFy LETTERS (/ REGISTER OF WILLS OF W m�tp✓V l O )/^I 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 request(s) the grant of Letters in the appropriate form: Decedent's Information Name: MO--P 11ke- /Q L L Ed' File No: a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: - - Date of Death: Y IE/zo l y Age at death: 85 t� i Decedent was domiciled at death in Cu Ix lver (an01 County, lPenn5 l uanta_ (state) with his/her last principal residence at , . �iolaf F1c.? Cux6eli W Code City,Township or Borough t end Zip n Count Decedentdiedat5elocf J5Paetrsl�y /�o5ptLRl Rni- rl5bu� y �htn Street address,Post Office and Zi ode City,Township or Borough County State Estimate of value of decedent's property at death: If domiciled in Pennsyl vania................ ... .. ....... All personal property $ /,rb . o n If not domiciled in Pennsylvania. ...... .... . ......... ... Personal property in Pennsylvania $ If not domiciled in Pennsy lvania. ...... ... .. ............ Personal property in County $ Value of real estate in Pennsyl vania... . .... .. ... .............. ........... . ..... ... ....... .. . $ TOTAL ESTIMATED VALUE. .. . $—,T0, © r Real estate in Pennsylvania situated at: 2 l L7 su S U itn< P 114 57"a lo.-Al —7 Oa S (Attach additional sheets,[(necessary.) Street address,Post O ce and Zip Code City,Towns ip or Borough ry t+County o � n s m A. Petition for Probate and Grant of Letters Testamentary c p � m Petitioners)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated /S7°// "d2odiciI(s) thereto dated IUM Slate relevant circumstances(e.g.renunciation,death ofexecutoq m)r- r ri Cri 6 w! O Except as follows: after the execution of the Instrument(s)offered for probate Decedent did not marry,was nvtdiv�o�rcggt wag=a party Dal ending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa. C.S. §33a, lB}�1id r>e;%ave,,mliM bum or adopte and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. CD � F' r- m OEXCEPTIONS ❑EXCEPTIONS T "1 TV r O B. Petition for Grant of Letters of Administration (Ifapplicable) c.t.a.,d.b.n.,d.b.n.c.t.a.,pendeme lire,durante absentia,durante minoritate 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 a 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 ❑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 aw-02 re,-. 10/1112011 Page I of 2 Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA } - } SS: COUNTY OF } Petitioner(s)Printed Name Petitioner(s)Printed Address /71A✓�rrar,ne AG«.tJ / $ 5h4P. C�)O&14C C+.-a/e EI�CZ(< !°A �76.kt - 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 Petitioners)and that,as Personal Representative(s)of the Decedent,the Petitioner(s)will well and truly administer the estate according to law. Sworn to or�ffirmed and subscribed�^efo11rg /J�L.Q L C a <� dj �7 Date 111-2 S 20/ me this day of �1� Date By: (1 A l Date For the Register Date BOND Required:E]YES tVINO To the Register of Wills: „,t FEES: Please enter my appearance by my signature gelaw: m Letters . . . . . . . . . . . . . . . . . . . . . . $ �,J Attorney Signature: C O :D rn O ( 3 ) Short Certificate(s). . . . . . I _� ( ) Renunciation(s).. . . . . . . . LO v n � .-1 L, ( ) Codicil(s). . . . . . . . . . . . . �:o r N fft trt r -.- r-9 ( )Affidavit(s).. . . . . . . . . . . Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: 'rt O n C:> Commission. . . . . . . . . . . . . . . . . . Supreme Court 3 <.: O rl C7 Other A . . . . . . . . ID Number: n E-y r_ �• r-- m- 1 . . . . . . i� _ cz 29 . . . . . . . . 'I Cj Firm Name: R7 -4 O UP _n . . . . . . . . Address: . . . . . . Phone: Automation Fee. . . . . . . . . . . . . Fax: JCS Fee. . . . . . . . . . . . . . . . . . . . Email: TOTAL. . . . . . . . . . . . . . . . . . . . . S DECREE OF THE REGISTER q� Estate of (1 P\k\e—n File No: a/k/a: AND NOW, 1 11✓t U a5 X13 in consideration of the foregoing Petition, satisfactory proof having b en presented before me,IT IS DECREED that Letters 10E47ar YlC)'11� YZa are hereby granted to � �I.Yl'1P- L-�j k cx-) n the above estate and(if applicable) that the instrument(s) dated JC me. aL71 � described in the Petition be admitted to probaCe and filed of ecord as the last Will (and Codicil(s))of Decedent. �Yqister of ills F ,,,RW-n2 rnnti2nu �C� Page 2 of 2 RECORDED OFFICE OF REGI STI Er, OF WILLS LAST WILL ANGD TESTAPF�JDR 25 Pn 12 J MARTHA SASS ALLEN O I L F'I\ OF ORPHAf4S' COURT 1, Martha Sass Allen, a resident of Enola. PennsylvUMNEWNAR �6%e Vy Last Will and revoke all former Wills and Codicils. ARTICLE I Identification of Family At the present time I am unmarried. In making this Will I have in mind my children, Marianne Allen, born 1953, and Gregory Wendell Allen, born 1958, but does not include any children hereafter born to or adopted by me. Any reference to a 'child of mine" or "my children" shall include the persons named or referred to in this Article. ARTICLE II Appointment of Fiduciaries A. Appointment of Personal Representative. I appoint my daughter, Marianne Allen,as Executor of my estate. If Marianne Allen is or becomes unable or unwilling to serve, I appoint my son. Gregory Wendell Allen as alternate Executor. B. Bond; Court Supervision. My Executor shall have the right to serve without bond and to administer and settle my estate without the intervention or supervision of any court, except to the extent required by law. Nothing herein shall prevent my Executor from seeking the assistance of the court in any situation where my Executor deems it appropriate. ARTICLE III Specific Gifts A. Gifts of Specified Items of Property. I give all my interest in certain items of tangible personal property to the beneficiaries designated in this section as ,follows: 1. Specific Gift One. I give all household possessions to my son, Gregory Wendell Allen if he survives me. If Gregory Wendell Allen does not survive me, I give this gift to my daughter. Marianne Allen. B. Insurance. I give to each recipient of an item of tangible personal property my interest in any insurance covering the item. My purpose in making this gift is to give each recipient the benefit of insurance coverage for which I have already paid. Will of Martha Sass Allen Page I of 6 Initials:�M .tom, Date: — �� It is not my intention to give any recipient the proceeds of an insurance claim that exists but is unpaid at my death. ARTICLE IV Disposition of Residue A. Provision for Descendants. I give 66%of the rest and residue of my estate, wherever located (hereafter referred to in this Article as "residue"), to my daughter, Marianne Allen if she survives me. If my daughter, Marianne Allen does not survive me then I give 50% of her 66% of the residue to my son, Gregory Wendell Allen. 1. Provision for Others. I give 17% of the residue to my granddaughter, Larissa Catherine Allen. I give 17% of the residue to my granddaughter, Lydia Allen Creasy. if my daughter, Marianne Allen does not survive me then I give 25%of her 66% of the residue to my granddaughter, Larissa Catherine Allen, and 25% of the residue to my granddaughter, Lydia Allen Creasy. If my granddaughter, Larissa Catherine Allen does not survive me then I give all of her 17% of the residue to my granddaughter, Lydia Allen Creasy. if my granddaughter, Lydia Allen Creasy does not survive me then I give all of her 17% of the residue to my granddaughter, Larissa Catherine Allen. If 1 am not survived by any of my descendants, or by any party named in this provision, I give the entire residue to my heirs. ARTICLE V Alternative Methods of Distribution A. Purpose of Article. Recognizing that under certain circumstances the terms of this Will may direct that property be distributed outright to a person who is under age twenty-one (2 1) or under a legal disability; I make the following provisions to facilitate the distribution of property to such persons. B. Alternative Methods. Whenever the terms of this Will direct my personal representative (referred to in this Article as the "fiduciary") to distribute property outright to a person who is then under age twenty-one (2 1) or under a legal disability, the fiduciary may retain pursuant to Paragraph C. of this Article or distribute all or any portion of that property in any one or more of the following ways: 1. Delivery directly to the beneficiary; 2. Delivery to the parent or stepparent of the beneficiary; 3. Delivery to the guardian of the beneficiary's person or property; 4. Delivery to any Custodian for the beneficiary under the Uniform Gifts to Minors Act; Will of Martha Sass Allen Page 2 of 6 Initials: i v 1.C(.. Date: h"� 5. Delivery to any then existing trust created for the beneficiary; 6. Deposit in a financial institution in an account established in the name of the beneficiary alone pursuant to the laws of the State of Pennsylvania; 7. Storage of any tangible personal property in safekeeping with the costs of storage to be borne by the beneficiary; or 8. Sale of any tangible personal property and delivery of the proceeds in any manner permitted by this Article. Provided the fiduciary acts in good faith, upon delivery of any property in accordance with the provisions of this Article, the fiduciary shall be discharged from all responsibilities in connection with the property. C. Discretionary Trust. Any property not distributed as provided in Paragraph B. of this Article shall be retained by the fiduciary in trust for the beneficiary on the following terms and conditions: During any period in which the beneficiary is under a legal disability or under twenty-one (2 1) years of age, the fiduciary shall pay to or apply for the benefit of the beneficiary so much of the income and principal of the trust as the fiduciary, in its sole and absolute discretion,determines is advisable for the beneficiary's health, support, education and general welfare. At such time as the beneficiary is neither under a legal disability nor under age twenty-one (21), the fiduciary shall distribute any remaining trust assets to the beneficiary. If the beneficiary dies before all of the trust assets have been distributed, the fiduciary shall distribute any remaining trust assets to the beneficiary's estate. ARTICLE VI Administrative Provisions A. Powers and Duties of Personal Representative. My personal representative shall have all of the powers and duties granted to or imposed upon personal representatives serving with non-intervention powers pursuant to the laws of the State of Pennsylvania. B. Debts and Expenses. All expenses of administration chargeable to principal, the expenses of the disposition of my remains, and all my legitimate debts, if and when paid, shall be paid from the principal of my residuary estate. No debt need be paid prior to its maturity in due course and except as otherwise provided in this Will no interest in any property passing under this Will need be exonerated. C. Taxes. All estate, inheritance or other similar death taxes,together with any interest or penalties thereon, arising by reason of my death with respect to any Will of Martha Sass Allen page 3 of 6 Initials:�Q' Date: 6 i property includable in my taxable estate, and any adjusted taxable gifts, whether passing under or outside of this Will, shall be paid from the principal of my residuary estate without reimbursement from the recipients or beneficiaries of such property, provided, however,that in the event any proceeds of insurance upon my life or any property over which I held a power of appointment are included in my estate for purposes of determining the federal estate tax liability of my estate, then the residue of my estate shall be entitled to receive from the recipients of any such proceeds or property the portion of such federal estate tax liability attributable to such proceeds or property determined in accordance with IRC §§ 2206 and 2207. ARTICLE VII Miscellaneous A. Number and Gender. Unless the context indicates a contrary intent. the plural and singular forms of words shall each include the other, and every noun and pronoun shall have a meaning that includes the masculine, feminine and neuter genders. B. Survival. To "survive" me, as that term is used in this Will, a person must continue to live for thirty (30)days after my death. C. Descendants. The "descendants" of an individual include only the following: 1. All such individual's biological descendants, except any person not born in lawful wedlock and his descendants, unless the biological parent who would otherwise cause him or her to be a descendant has acknowledged paternity or maternity in legitimation proceedings,or in an unambiguous signed writing identifying such person by name, or by raising such person in the same household: and 2. Persons adopted by such individual or one of his or her descendants. and their descendants. If the parent, who would cause a person to be a descendant as defined above, is replaced in an adoption proceeding, such person shall remain a descendant unless such parent voluntarily consents to the relinquishment of his or her status as parent in connection with such adoption proceedings. D. Heirs. The term "heirs" shall mean those persons entitled to inherit under the then-applicable laws of the State of Pennsylvania governing the descent of an intestate's separate estate. They shall inherit in their statutory proportions. E. Exclusion of Pretermitted Heirs. tither than as set forth in this Will, I make no provision for any child of mine or descendant of a deceased child of mine. I Will of Martha Sass Allen Page 4 of 6 Initials:.QE, Date: 6 — L I specifically make no provision for any person (whether now living or hereafter born), other than a child named or referred to in Article I or a descendant of mine as defined in this Will, who may be entitled to claim an interest in my estate under the laws of the State of Pennsylvania. F. Legal Disability. A person is under a legal disability if my personal representative determines, in good 'faith,that the person is incapable of managing her property or of caring for herself, or both, or is in need of protection or assistance by reason of physical injury or illness, mental illness, developmental disability, senility, alcoholism, excessive use of drugs, or other physical or mental incapacity. G. Title to Real Property. Upon my death, title to any real property passing under this Will shall vest in my personal representative in his fiduciary capacity and shall remain so vested until my personal representative distributes or sells that property, at which time title shall vest in the distributee or purchaser. H. Disclaimer. Except as may be otherwise specifically provided in this Will, in the event that any beneficiary disclaims an interest arising out of this Will or any trust created herein it is my intention that the interest disclaimed shall be distributed in the same manner and at the same time as if the disclaiming beneficiary had died immediately preceding the event pursuant to the laws of the State of Pennsylvania. I. Governing Law. The provisions of this Will shall be interpreted in accordance with and in light of the laws of the State of Pennsylvania. J. Corporate Successors. Whenever a corporation or other business entity is referred to herein, the reference shall include any successor organization. K. References to Statutes. In this Will, the abbreviation "IRC" shall refer to the Internal Revenue Code of 1986 as amended. Will of Martha Sass Allen Page 5 of 6 Initials: / •/.Q . Date: 6 '�—Y _ I have initialed and dated for identification purposes all pages of thi . my Last Will, and have executed the entire instrument by signing this page on the day of �l)l\P 20 Ik , at Pennsylvania. Martha Sass Allen Attestation and Statement of Witnesses Each of us declares under penalty of perjury under the laws of Pennsylvania that Martha Sass Allen, the Testator, signed this instrument as her Last Will in our presence, all of us being present at the same time, and we now, at the Testator's request, in the Testator's presence, and in the presence of each other. sign below as the witnesses. declaring that the Testator appears to be of sound mind and under no duress, fraud. or undue influence. [Witness Signat e] [Witness Signature] c ee/pN I i P 1J Q �n C . EL c // [Print Nam"W" [Print Name] Residing at G QfytST, AV Residing at 1,2Sa d e--r, CaDIa PVI k-102s, AJ00D 6; Z4 /-?,2, Will of Martha Sass Allen Page 6 of 6 Initials: M.6Z Date: SELF-PROVING AFFIDAVIT STATE OF ,PENNSYLVANIA } SS. COUNTY OF ��I� } 1, the undersigned, an officer authorized to administer oaths, certify that Martha Sass Allen, the Testator, and lkpkNaUt1C `( 0j and W N)i Am L e N , the witnesses,, whose names are signed to the attached or foregoing instrument and whose signatures appear below, having appeared together before me and having been first duly sworn, each then declared to me that: 1)the attached or foregoing instrument is the last will of the Testator; 2) the Testator willingly and voluntarily declared, signed and executed the will in the presence of the witnesses; 3) the witnesses signed the will upon request by the Testator, in the presence and hearing of the Testator, and in the presence of each other; 4) to the best knowledge of each witness the Testator was, at that time of the signing, of the age of majority (or otherwise legally competent to make a will), of sound mind and memory, and under no constraint or undue influence; and 5) each witness was and is competent and of the proper age to witness a will. Martha Sass Allen o / Cc �' [Witness Signaty`e]] [Witness Signature] 1 [Print Nam` [Print Name] Residing at fib CUIL1AAA U Residing at 1o2S;;L0 ZWI - e?. f aullo, MR 2.;Z J',7- Section for Notary Public: Subscribed, sworn and acknowledged before me by the said Martha Sass Allen, Testator, and by the said Ste(1 O We `Ec9i�l� , and witnesses, this LJ day of UVYU 20 I� qow_*_�_ V \ NOTARIAL SEAL [Signature of Notary] STEPHANIE BEIGH 1nn Notary PublicQ�`U^��� E.PENNSBORO TWP.,CUMBERLAND COUNTY I" My Commission Expires Nov 18, 2012 [Print or stamp name of Not g ,] REGISTER OF WILLS CERTIFICATE OF CUMBERLAND COUNTY GRANT OF LETTERS PENNSYLVANIA ( No. 2014- 00405 PA No. 21- 14- 0405 Estate Of: MARTHA ALLEN (First,Middle,Last) Late Of: EASTPENNSBORO TOWNSHIP CUMBERLAND COUNTY 0 Deceased Social Security No: WHEREAS, on the 25th day of April 2014 an instrument dated June 4th 2011 was admitted to probate as the last will of MARTHA ALLEN (firs,Middle,Last) late of EAST PENNSBORO TOWNSHIP, CUMBERLAND County, who died on the 18th day of April 2014 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 TESTA MENTARYto: MARIANNE ALLEN 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 COURTHOUSE, CARLISLE, PENNSYLVANIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office on the 25th day of April 2014. r R g( ter of Will f r ll i Gig O puty **NnTR** AT,T, NAMP..4 ARnVR APPEAR (PTPAT MTT)n T.R T.ZI CT)