HomeMy WebLinkAbout05-14-14 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)the following and respectfully request(s)the grant of Letters in the appropriate form:
Decedent's Information
Name: WILLIAM K.MCNAIR JR. File No: 21 - 201 y
a/k/a: (Assigned by Register)
a/k/a:
a/k/a: Social Security No:
Date of Death: 1/14/13 Age at death: 75
Decedent was domiciled at death in Cumberland County, PA (State) with his/her last
principal residence at 210 Shughart Avenue 17007 South Middleton Township Cumberland
Street address,Post Office and Zip Code City,Township or Borough County
Decedent died at 210 Shughart Avenue 17007 South Middleton Township Cumberland PA
Street address,Post oluce 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 $
If not domiciled in Pennsylvania.............................Personal property in Pennsylvania $
If not domiciled in Pennsylvania.............................Personal property in County $
Value ofreal estate inPennsylvania.............................................................. $ 165,400.00
TOTAL ESTIMATED VALUE.... $ 165 400.00
Real estate in Pennsylvania situated at: 210 Shughart Avenue 17007 South Middleton Twp Cumberland
(Attach additional sheets,ifneeessary.) Street address,Post Office and Zip Code City,Township or Borough County
M A. Petition for Probate and Grant of Letters Testamentary
Petitioner(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated 61.28102 and Codicil(s)
thereto dated
State relevant circumstances(e.g.renunciation.dea h ofexeeutor,etc)
Except as follows:after the execution of the instrument(s)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.
® NO EXCEPTIONS ❑EXCEPTIONS
❑ B. Petition for Grant of Letters of Administration(If applicable)
cr.a.,d.b.n.,d.b.n.ct.a.,pendente lite,durance absentia,durance minoritate
If Administration,e.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 heiritatlach
additional sheets, if necessary):
Name Relationship Address
C� r
117 p 3,
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CD ?l.
Form Rw-01 rev. 10111/2011 Page I of 2
Oath of Personal Representative Official Use only
ECOP�i f' ,,; !"E OF
�. k _U ;,,,5 v ..
COMMONWEALTH OF PENNSYLVANIA
} SS:
COUNTY OF CUMBERLAND
} ?i114 MAY I M
Petitioners)Printed Name Petitioner(s)Printed Address
210 Shughart Avenue Lc;
Marlene E.McNair Boiling Springs �U�QR•QJQQ'" " jjqT PA 17007
(i Co,, PA
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 the Decedent,the Petitioner(s)will Cwell d tmI administer the estate according to law..
Sworn to.o affirmed an cribed be e —�l/ Cl/I LP�e�1p • (/i/f �(y Dates— �� ILI
me thi i' da f
Date
By' Date
For the Register Date
BOND Required: ❑ YES aI &O To the Register of Wills:
FEES: � �(� Please enter my appearance by my signature below:
Letters. .. .. . . .. ... . .. . ... . . .. $ (9"b Attorney Signature:
( )Short Certificates(s) .. . . .. /
( )Renunciation(s). . . ... . . ..
( )Codicil(s) .. . .. . . ... . . ..
( )Affidavit(s). .. ... . . ... . .
Bond Printed Name: Christopher E.Rice
Commission . .. .. . .. . .. . . . ... . . . Supreme Court
Other , , , , ID Number: 90916
I-UJ_II
( Firm Name: Mattson Law Offices
f Q' t . .. .. .. .. t:5 Address: 10 East High Street
• • Carlisle PA 17013
Phone: (717 243-3341
Fax: 717 243-1850
Automation Fee . .. . .. . . ... . . . .. . Email: crice @martsonlaw.com
JCS Fee .. .. .. . .. . .. . . ... . . . . .. r�J
TOTAL . .. .. . .. ... . .. . . . . .. . .$
DECREE OF THE REGISTER
Estate of WILLIAM K.MCNAIR,JR. File No: 21 - 201 L4
a/lc/a: f l
AND NOW, � _(
/ in consideration of the foregoing Petition,
satisfactory proof having bee resented before me,IT IS DECREED that Letters Testamentary
are hereby granted to Marlene E.McNair
in the above estate and(if applicable)that
the instrument(s)dated 06/28/2002
described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s))of Decedent.
Register of Wills
co aw-oz rav 10/11 12011 �Q ( (�Q�cl� •� a 2 of 2
rn CD
• LAST WILL AND TESTAMENT
(Pour-Over Will) ' -X]Ca
OF T
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WILLIAM K.MCNAIR,JR. �
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IDENTITY
I, WILLIAM K. MCNAIR, JR., residing in the County of Cumberland, Commonwealth of
Pennsylvania, being of sound mind and memory, and not acting under duress or undue influence of any
person whomsoever, hereby declare this to be my Last Will and Testament, and I do hereby revoke all
other former Wills and Codicils to Wills heretofore made by me. My Social Security Number is 209-28-
9854.
All reference made herein to "spouse or my spouse" refers to the person to whom I am currently
married, namely, MARLENE E. MCNAIR. By the ensuing provisions of this Will, it is my intention to
dispose of my interest in our property; I do not intend to dispose of anything belonging to my wife or to
put her to any election.
I have the following children: William K.McNair,III,born June 30, 1968 and currently residing
in Boiling Springs,PA 17007, and Kimberly S. McNair,born September 5, 1972 and currently residing in
Shippensburg, PA 17257.
DEBTS,TAXES AND ADMINISTRATION EXPENSES
I have provided for the payment of all my debts, expenses of administration of property wherever
situated passing under this Will or otherwise, and estate, inheritance, transfer, and succession taxes, other
than any tax on a generation-skipping transfer that is not a liability of my Estate (including interest and
penalties, if any) that become due by reason of my death, under THE WILLIAM K. MCNAIR, JR. AND
MARLENE E. MCNAIR REVOCABLE LIVING TRUST executed on even date herewith (the
"Revocable Trust"), or if my spouse predeceases me, under the Survivor's Trust created by the said
Revocable Trust. If the Revocable Trust assets should be insufficient for these purposes, my Executor
shall pay any unpaid items from the residue of my Estate passing under this Will, without any
apportionment or reimbursement. In the alternative, my Executor may demand in a writing addressed to
the Trustee of the Trust an amount necessary to pay all or part of these items, plus claims, pecuniary
legacies, and family allowances by court order.
PERSONAL AND HOUSEHOLD EFFECTS
It is my intent that all my personal and household effects were transferred to the Revocable Trust
as a result of the Declaration of Intent signed this date. If there are any questions regarding the ownership
or disposition of these assets, it is my desire that such assets pour into the Revocable Trust, signed by me
this date in accordance with the provisions of the section titled"Residue of Estate."
RESIDUE OF ESTATE
I give, devise and bequeath all the rest, residue and remainder of my property of every kind and
description (including lapsed legacies and devices), wherever situated and whether acquired before or
after the execution of this Will, to the Trustee under that certain Trust executed by me on the same date of
• the execution of this Will. The Trustee shall add the property bequeathed and devised by this item to the
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Testator
corpus of the above described Trust and shall hold, administer and distribute said property in accordance
with the provisions of the said Trust, including any amendments thereto made before my death.
•
If for any reason the said Trust shall not be in existence at the time of death, or if for any reason a
court of competent jurisdiction shall declare the foregoing testamentary disposition to the Trustee under
said Trust as it exists at the time of my death to be invalid, then I give all of my Estate including the
residue and remainder thereof to that person who would have been the Trustee under the Trust, as
Trustee, and to their substitutes and successors under the Trust, described herein above, to be held,
managed, invested,reinvested and distributed by the Trustee upon the terms and conditions pertaining to
the period beginning with the date of my death as are constituted in the Trust as at present constituted
giving effect to amendments, if any, hereafter made and for that purpose I do hereby incorporate such
Trust by reference into this my Will.
EXECUTOR
I hereby nominate and appoint Marlene E. McNair as my Independent Executor of this, my Last
Will and Testament, to serve without bond.
hi the event the first named Executor shall predecease me or is unable or unwilling to act as my
Executor for any reasons whatsoever, then and in that event, I hereby nominate and appoint William K.
McNair,III to serve without bond as my Independent Executor.
In the event the second named Executor shall predecease me or is unable or unwilling to act as
my Executor for any reasons whatsoever, then and in that event, I hereby nominate and appoint Kimberly
S. McNair to serve without bond as my Independent Executor.
• Whenever the word"Executor"or any modifying or substituted pronoun therefore is used in this
my Will, such words and respective pronouns shall be held and taken to include both the singular and the
plural, the masculine, feminine and neuter gender thereof, and shall apply equally to the Executor named
herein and to any successor to substitute Executor acting hereunder, and such successor or substitute
Executor shall possess all the rights, powers, duties, authority, and responsibility conferred upon the
Executor originally named herein.
EXECUTOR POWERS
By way of Illustration and not of limitation and in addition to any inherent, implied or statutory
powers granted to executors generally, my Executor is specifically authorized and empowered with
respect to any property, real or personal, at any time held under any provision of this my Will: to allot,
allocate between principal and income, assign,borrow,buy,care for,collect,compromise claims,contract
with respect to, continue any business of mine, convert, deal with, dispose of, enter into, exchange, hold,
improve, incorporate any business of mine, invest, lease, manage, mortgage, grant and exercise options
with respect to,take possession of,pledge,receive,release,repair, sell, sue for,make distributions in cash
or in kind of partly in each without regard to the income tax basis of such asset and in general, exercise all
of the powers in the management of my Estate which any individual could exercise in the management of
similar property owned in its own right upon such terms and conditions as to my Executor may seem best,
and execute and deliver any and all instruments and do all acts which my Executor may deem proper or
necessary to carry out the purpose of this my Will,without being limited in any way by the specific grants
or power made, and without the necessity of a court order.
•
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Testator
My Executor shall have absolute discretion, but shall not be required, to make adjustments in the
rights of any Beneficiaries, or among the principal and income accounts to compensate for the
. consequences of any tax decision or election, or of any investment or administrative decision, that my
executor believes has had the effect, directly or indirectly, of preferring one Beneficiary or group of
Beneficiaries over others. hi determining the Federal Estate and Income Tax liabilities of my Estate, my
Executor shall have discretion to select the valuation date and to determine whether any or all of the
allowable administration expenses in my Estate shall be used as Federal Estate Tax deductions or as
Federal Income Tax deductions and shall have the discretion to file a joint income tax return with my
spouse.
SPECIFIC OMISSIONS
I have intentionally omitted any and all persons and entities from this, my Last Will and
Testament, except those persons and entities specifically named herein. If any person or entity shall
challenge any term or condition of this Will, or of the Living Trust to which I have made reference in the
sections "Household and Personal Effects" and "Residue of Estate," then, to that person or entity, I give
and bequeath the sum of only one dollar ($1.00) only in lieu and in place of any other benefit, grant,
bequest or interest which that person or interest may have in my Estate or the Living Trust and its Estate.
SIMULTANEOUS DEATH
If my spouse and I should die under circumstances such that the order of our deaths cannot be
determined, then it shall be conclusively presumed for the purpose of this Will that my spouse survived
me.
If any other Beneficiary should not survive me for sixty (60) days, then it shall be conclusively
. presumed for the purpose of this my Will that said Beneficiary predeceased me.
�-
WILLIAM K.MCNAIR, JR.
Testator
•
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This instrument consists of 5 typewritten pages, including the Attestation Clause, Self-Proving
Clause, signature of Witnesses, and acknowledgment of officer. I have signed my name at the ottom of
• each of t e receding pa epos. _ This instrument is being signed by me on this day of
ATTESTATION CLAUSE
The Testator whose name appears above declared to us, the undersigned, that the foregoing
instrument was his Last Will and Testament, and he requested us to act as witnesses to such instrument
and to his signature thereon. The Testator thereupon signed such instrument in our presence. At the
Testator's request, the undersigned then subscribed our names to the instrument in our own handwriting
in the presence of the Testator. The undersigned hereby declare, in the presence of each of us, that we
believe the Testator to be of sound and disposing mind and memory.
Signed by us on the same day and year as this Last Will and Testament was signed by the
Testator.
WITNESSES: ADDRESSES:
LDRRg �n�C L. A �� lEy is ��,, /c W ��. ✓r
(Printed Name of Witness) 0 CiV, State',Zip � W7
V AIA( W. Al 60, 16 i 17007
(Printed Name of Witness) City, State,Zip/
• POUR-OVER WILLS
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Testator"
COMMONWEALTH OF PENNSYLVANIA
• COUNTY OF CUMBERLAND
SELF-PROVING CLAUSE
BEFORg ME, the undersigne authority, on this day personally ppeared WILLIAM K.
MCNAIR, JR., 4 &40 and L N , r i A" (mown to me
to be the Testator and the witnesses, r spectively, wh6sse names are i-ubscribed to the foregoing
instrument in their respective capacities, and all of them being by me duly swom, WILLIAM K.
MCNAIR, JR., Testator, declared to me and to the witnesses, in my presence, that the instrument is his
Will and that he had willingly made and executed it as his free act and deed for the purposes therein
expressed; and the Witnesses, each on his or her oath, stated to me in the presence and hearing of the
Testator, that the Testator had declared to them that the instrument is his Will and that he executed the
same as such and wanted each of them to sign it as a witness; and upon their oaths, each witness stated
further that he did the same as a witness in the presence of the Testator, and at his request and that he was
at that time eighteen (18)years of age or over and was of sound mind,and that each of the witnesses was
then at least fourteen (14)years of age.
WILLIAM K. MCNAIR JR., JR.
Testator vy�
AIR
�6Q r+f a e �. /utT::/z y
(Printed Name of Witness), Q
W_/Y !.1)� /V�OiI$�!
(P ' ted Name of Witness)
SUBSCRIBED AND ACKNOWLEDGED before me by WILLIAM K. M AIR JR., Testator,
and subscribed and sworn to b fore me by tZ__4 n /\ W Z= - and
witnesses, this the 2 day of
No=Philadelphia. gpNea t o e Sylvania
ns, Notary Public
Philadelphia County
pires Apr. 30, 2006
• Member.Perms} amaASSadatfonolNalalles
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