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HomeMy WebLinkAbout05-07-14 Reset PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY,PENNSYLVANIA Petitioner(s) named below, who is/arc 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 DI-14-441 Name: KHALIL AHMAD KHAN File No: a/k/a: Khalil A. Khan (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: May 2,2014 Age at death: 66 Decedent was domiciled at death in Cumberland County, Pennsylvania (state)with his/her last principal residence at 407 Mercury Drive,Mechanicsburg,Hampden Township,Cumberland County,Pennsylvania Street address,Post Office and 7Ap Code City,Township or Borough County Decedent died at Hershey Medical Center,Hershey,Dauphin County,PA Street address,Past Office and 71p Code City,Township or Borough County Stale Estimate of value of decedent's property at death: If domiciled in Pennsylvani a............................ All personal property, S 10 000.04 If not domiciled in Pennsylvania. ....................... Personal property in Pennsylvania S If not domiciled in Pennsylvania. ....................... Personal property in County $ Value of real estate in Pennsylvania......................................................... $ TOTAL ESTIMATED VALUE. ... S 10,000.00 Real estate in Pennsylvania situated at: (Attach additional sheets,ifnecessary.) Street address,Post Office and Zip Code City,Township or Borough Cnuntf�,,. ry o A. Petition for Probate and Grant of Letters Testamentary c ::a m Petitioner(s)aver(s)hdshe/they is/are the Executor(s)named in the last Will of the Decedent,dated 9/17/2009 = C M§CocQ jr I(8 thereto dated State relevant circumstances(e.g.renunciation,death afexecamr,etc.) f"' Z i'r} ?2 M Except as follows:after the execution ofthe instrument(s)offered for probate Decedent did not marry,was not diva m ,has tT a panto a peidm divorce Proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S. §3323(g),a(id d dt,�'n45 vcZNhild borrrof adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. O C = n z CD r— m NO EXCEPTIONS �C�. EXCEPTIONS —'{ f- cn M R. Petition for Grant of Letters of Administration (717applicable) c.t.a.,d.b.n.,d.b.n.c.t.a.,pendeme lite.durance absentia,durance mmornore If Administration,c.t a. or al.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 killing nor ever adjudicated an incapacitated person. Q NO EXCEPTIONS Q 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 sheen,ifnecessw3): Name Relationship Address Farm RIV-o2 rev. 1OW12011 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 Shaf at Khalil Khan 407 Mercury Drive, echaniesburg,PA 17050 The Petitioner(s)above-named swear(S)or affirm(s)the statements in the foregoing Petition are true and correct to thebest of the knowledge and belief of Petitioners)and that,as Personal Representative(s)of the Decedent,the Petitioner(s) cell and truly administer the estate according to law. Sworn to or affirmed an subscribed before X Date me t is U • ' day of Date I By: I, x s Date or the Regis+u Date BOND Required: ® YES ® NO To the Register of Wills. FEES: Please enter my appearance by my signature below: Letters . . . . . . . . . . . . . . . . . . . . . . S 45.00 Attorney Signature: ( 3 ) Short Certificate(s). . . . . . 15.00 ( ) Renunciation(s).. . . . . . . . ( ) Codicil(s). . . . . . . . . . . . . ( ) Afftdavit(s). . . . . . . . . . . . ry Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: Timothy M. Finnerty,69. m Commission. . . . . . . . . . . . . . . . . . Supreme Court C p m v7 Other Will . . . . . . . . 15.00 ID Number: 76048 9 - � Inheritance Tax Return . . . . . . 15.00 Inventory . . . . . . . . 15.00 Firm Name: McNees Wallace&Nur'r+$.kLl� . . . . . . . . Address: 100 Pine Street PO Rnx>l ITS 70 . . . . . . . . Harrisburg PA 17108-E166- ~ —n _°-t n C�_ 1 r— rel Q G . . . . . . . . Phone: 717-237-5394 �_.t CO Automation Fee. . . . . . . . . . . . . . . 5.00 Fax: 717-260-1691 S JCS Fee. . . . . . . . . . . . . . . . . . . . . 23.50 Email: tF rtvnmwn rnm TOTAL. . . . . . . . . . . . . . . . . . . . . S 133 SO DECREE OF THE REGISTER 01 - 14-441 Estate of KHALIL AHMAD KHAN File No: a/k/a: AND NOW, m��- J o L in consideration of the foregoing Petition, satisfactory proof having been presYnted before me, IT IS DECREED that Letters Testamentary are hereby granted to Shafgat Khalil Khan a/k/a Khalil A.Khan in the above estate and(if applicable) that the instrument(s) dated 9/17/2009 described in the Petition be admitted to probate and WE ast Will (and Codicil(s))of Decedent. Fo ..i RW-02 rev.101111201 Page 2 of 2 1 , RECORDED OFFICE OF REGISTER OF WILLS 201q MRY 7 Rol 9 48 LAST WILL AND T ' _ °PVT CUMBERLAND CO., PA I, KHALIL AHMAD KHAN, of Harrisburg, Dauphin County, Pennsylvania, being of sound mind, disposing memory and full legal age, do hereby make,publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils heretofore made by me. ONE. I direct my Executor or Executrix, as the case may be, to pay all of my debts, funeral and administrative expenses as soon as convenient after my decease. Furthermore, I direct that all state, inheritance, succession and other death taxes imposed or payable by reason of my death and interest and penalties thereon with respect to all property composing of my gross estate for death tax purposes, whether or not such property passes under this Will, shall be paid by the Executor or Executrix of my estate. Further, to the extent that sufficient assets exist in my p' estate, any and all inheritance or other estate taxes, whether to non-charitable or charitable I i beneficiaries, shall be paid by my Executor or Executrix from the residuary of my estate. TWO. My Executor or Executrix may, at his or her discretion, compromise claims, borrow money, retain property for such length of time as he or she may deem proper; lease and sell property for such prices, on such terms, at public or private sales, as he or she may deem proper; and invest estate property and income without restriction to legal investments unless otherwise provided hereunder. I authorize and empower my Executor or Executrix to sell any realty and/or personalty owned by me at my death and not specifically devised or bequeathed herein, at public or private sale or sales and to give good and sufficient deeds and/or bills of sale therefor, in fee simple, as I could do if living. My Executor or Executrix is authorized and empowered to engage in any business in which I may be engaged at my death, for such period of time after my death as seems expedient to said Executor or Executrix. THREE. I give, devise and bequeath all of my estate of whatever nature and wherever situate to my spouse, SHAFQAT KHALIL KHAN. FOUR. If my spouse, SHAFQAT KHALIL KHAN, does not survive me by a period of at least sixty (60) days, then I give, devise and bequeath the rest, residue and remainder of my estate equally to my sons, NABIL AHMAD KHAN and HASAN KHALIL KHAN, per stirpes, which provides that the child or children of any deceased beneficiary shall take the share their parent would have taken if living. If either of my sons has predeceased me without leaving surviving issue, then the rest, residue and remainder of my estate shall pass to the survivor of NABIL AHMAD KHAN and HASAN KHALIL KHAN, per stirpes. If both of my sons,NABIL , AHMAD KHAN and HASAN KHALIL KHAN, have predeceased me without leaving surviving issue, then my estate shall be distributed in accordance with Paragraph Five below. FIVE. In the event of a common disaster causing the death of myself, my spouse and both of my sons, NABIL AHMAD KHAN and HASAN KHALIL KHAN, without leaving surviving issue, all within a period of sixty (60) days, then I give, devise and bequeath the rest, residue and remainder of my estate as follows: A. One-third (1/3) to MANSUR KHAN, currently residing in Scottsdale, .Arizona, per stirpes; and B. One-third (1/3) to MUMTAZ KHAN, currently residing in Syracuse, New York,per stirpes; C. One-third (1/3) to FARHAT IQBAL, currently residing in Pakistan, per stirpes. SIX. If, under any of the provisions of this Will, any principal becomes vested in a minor, my Executor or Executrix, as the case may be, including any administrator c.t.a., shall 2 have the discretion either to pay over such principal or any part thereof to any parent of such minor, any guardian of the person or estate of such minor, or any person with whom such minor resides, or to retain the same as trustee of a power in trust,for the benefit of such minor during his or her minority. Any of the principal thus retained, and any of the income therefrom, including the whole thereof, may be paid to or applied for the benefit of such minor from time to time in the discretion of the trustee of such power. When such minor reaches majority, the funds so held shall be paid over to such person, or, if he or she shall sooner die, to his or her legal representatives. In so holding.any principal or income for any minor, the trustee of such.power shall have all the rights,powers, duties and discretions conferred or imposed upon my fiduciaries acting under this Will. I further direct that no bond shall be required from any person receiving a payment hereunder and receipt from such person shall be a full discharge to the trustee of such power who shall not be bound to see to the application or use of such payment. The trustee of gyp, such power shall be entitled to commissions at the rates and in the manner payable to a testamentary trustee. SEVEN. I nominate and appoint my spouse, SHAFQAT KHALIL KHAN, to be the Executrix of this my Last Will and Testament. In the event she has predeceased me, failed to qualify or is not able or does not serve for whatever reason, I then appoint NABIL AHMAD KHAN and HASAN KHALIL KHAN, or the survivor of the two of them, to serve as substitute Executors of this my Last Will and Testament, whereby the said substitute personal representatives shall have the same powers as are given to the original Executrix hereunder. EIGHT. If my spouse has predeceased me, I hereby nominate and appoint NABIL AHMAD KHAN and HASAN KHALIL KHAN, or the survivor of the two of them, as Guardian over the person of my disabled daughter, MEHREEN KHALIL KHAN. 3 NINE. It is hereby my intent to specifically exclude my daughter, MEHREEN KHALIL KHAN, from any inheritance whatsoever under this my Last Will and Testament. TEN. No person(s) shall benefit hereunder unless such beneficiary shall survive me by sixty(60)days. ELEVEN. No Executrix, Executor or Guardian acting hereunder shall be required to post bond or enter security in this or any other jurisdiction. TWELVE. No beneficiary may assign, anticipate or pledge his or her interest in any income or principal held or distributable hereunder, and no beneficiary's creditors may levy, attach or otherwise reach any such interest. THIRTEEN. If any person or institution entitled to share in any distribution under the terms of this my Last Will and Testament becomes an adverse party in any proceeding to contest the probate of this Last Will and Testament, such person or institution shall forfeit his, her or its entire interest inherited hereunder and all provisions in favor of such person or institution shall be declared void and of no effect. The share of such person or institution so forfeited shall be distributed as part of the residue hereof except that if such person or institution is entitled to share in the said residue, that interest shall be distributed proportionately to the other residuary distributees. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 4 IN WITNESS WHEREOF, I have hereunto set my hand and seal this � `day of S TPJ^b PX 2009. (SEAL) KHALIL AIU14AD Signed, sealed, published and declared by the above-named person as and for a Last Will and Testament, in our presence, who at said person's request, in said person's presence and in the presence of each other have hereunto set our names as subscribing witnesses. QIAAAJ- J 5 ACKNOWLEDGMENT AND AFFIDAVIT WE, KHALIL AHMAD KHAN, SUSANN B. MORRISON, and JENNIFER M. NEGLEY, the testator and witnesses respectively, whose names are signed to the foregoing instrument,being first duly sworn, do hereby declare to the undersigned authority that the testator signed and executed the instrument as his Last Will, and that he had signed willingly,and that he. executed it as his free.and voluntary act for the purpose herein expressed, and that each of-the witnesses, in the:presence�and hearing of the testator, signed the Will as a witness and that to the best of their knowledge the testator was, at that time, eighteen years of age or older, of sound mind and under no constraint or undue influence. ka-. KHALIL AHMAD KHAN UUyIA�i�h- Ii �� SUSANN B. MORRISON r JENNIFEP M. NEGLr COMMONWEALTH OF PENNSYLVANIA SS: COUNTY.OF CUMBERLAND Subscribed, swornto!and acknowledged before me by KHALIL AHMAD KHAN, the ' testator herein, and subscribed and sworn to before me by SUSANN B. MORRISON and , JENNIFER M. NEGLEY,witnesses,this 1 '74-6 day of 6f, 12009. COMMONWEAri Fi l7F♦�ENNSYLVANIA Notarial Seal Tamere S.Siegria,Notary Public Waynesboro Boro,Franklin County 6 Ly Commission Expires Dec.t,2010. Member,Pennsylvania Association of Notaries a REGISTER OF WILLS CERTIFICATE OF CUMBERLAND COUNTY GRANT OF LETTERS PENNSYLVANIA No. 2014- 00441 PA No. 21- 14- 0441 Estate Of: KHALIL AHMAD KHAN (First Middle,Lest) a/k/a: KHALIL A KHAN Late Of.- HAMPDEN TOWNSHIP CUMBERLAND COUNTY 0 Deceased Social Security No: WHEREAS, on the 13th day of May 2014 an instrument dated September 17th 2009 was admitted to probate as the last will of KHALIL AHMAD KHAN (First Middle,Lest) a/k/a KHALIL A KHAN late of HAMPOEN TOWNSHIP, CUMBERLAND County, who died on the 2nd day of May 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 1 have this day granted Letters TESTAMENTARYto: SHAFOAT KHALIL KHAN 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 13th day of May 2014. 6b egisier or r pui **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)