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HomeMy WebLinkAbout04-09-14 PETITION FO 2 GR(ANT/�F LETTERS REGISTER OF WILLS OF Cl t�t COUNTY,PENNSYLVANIA Petitioner(s) named below, who is/are IS 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 I o atiop — r t )(le 5 Name: -i -r 1l ! ` FileN �I �� Q al:Ja: (Assigned by Register) a/k/a: a/k/a: Date of Death: g(Y ll�, 2 ti t _ Age at d ath: — - Decedent was domicile`7 at death in 4 bl"^P County, hfs last princiesidence at Street addr s Office Cd � t City,Township u oro h �a '-Cpunty j t Q i 7nDecedent died at I f Street address,Post Office and Zip Code City,Township or Borough/ County State Estimate of value of decedent's property at death: q�-- If domiciled in Pennsylvania............................ All personal property $ .+c7 64%) ffnot domiciledin Pennsylvania. ................. Personal property in Pennsylvania If not domiciled in Pennsylvania. ..... ................. Personal property in County $ Value of real estate in Pennsylvania.... ............... ................ ......-- $._-�?�— s..t- Real estate in Pennsylvania situated at TOTAL ESTIMATED VALUE.... $_ A.(Aaochtdditionalsheen,ifnecessary,) Street address,Post Office and Zip Code City,Township or Borough County A. Petition for Probate and Grant of Letters Testamenta[y Petitioner(s)aver(s)he/she/they is/are the fixecutor(s)named in the last Will of the Decedent,dated ,C' and Codicil(s) thereto dated State relevant circumstances(e.g.renunciation,death oferecuror,era) Except as follows; after the execution of the instrument(s)offered f or 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 barn or Boo ad;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) at.u.,d.b.n.,d.b.n.c.t.u„pendenre lite,durance abntntia,chiromaisminoribal u�y tees, ,� If Administration,e.t.a. or d.b.n.c.t.a.,enter date of Will in Section A above and comaletdlist of heir sa rn Ca cs a Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divorce haTb�establish/s def Add in 23 Pa.C.S. §3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person. Cart 5 n --t rn [:]NO EXCEPTIONS ❑ S EXCEPTION w rn C.D rn'h t') he`� O Petitioner(s),after a proper search has/have ascertained that Decedent left no l6'iil and was x.rvivedby the following sp�jse'(It{ar�)and"T7(anar�' � additional sheets',if necessary): O C 'r1 `3 O C7 GJ Name Relationship Address rn O 'O n t Form Rbf.a2 rev.10/1112niI Page I of 2 Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF } i Petitioner(s)Printed Name Petitioner(s)Printed Address n, f The Petitioner(s)above-named swear(s)or affirm(s)the statem the f mag Pert ' n are true and correct to the best of the knowledge and belief of Petitioner(s)and that,as Personal Representatives)of the eden th P t rO well and tmly administer the estate according to law.. Athisda firmed a subsWbo ` s }� Date of Date Date Date BOND Required AYES ©NO To the Register of wilts: FEES: Please enter my appearance by my signature below: Letters. . . . ... .. .. .......... . $ ' Attorney Signature: ; Short Certificate(s).. :.. . . A tt't 4 ( ) Renunciation(s)... . . .. . . ¢7 2 ( j Codicil(s). . .. . .. . . .. .. C 4? =D Gmi p ( )Affidavit(s)... ....... .. {P Ili - Bond.... . .. . . .. . . . . . .... . .. . Printed Name: rrt rn to Commission. . . . . . . . . . . . . . . .. . Supreme Court r-- M to 7J ` Other . . . .... ID Number: k _rae ...... p C�i O —n . .. . . i, Firm Name: R —n C7 . .. . . . Address: . . . . . . . . _ *- _ Phone: Automation Fee. .. . . .... ...... Fax: JCS Fee, .. . .. ... Email: TOTAL. . . . . . . . . . . . . . . . . . .. . $ DECREE OF THE REGISTER / Estate of File No: r AND NOW,__� )r In , in considerat' of the foregoing Petition, satisfactory proof havingbeen presented before me,IT IS DECREED that etter�5 � rj�. are hereby granted to cWt G �t�y t,p5 in the above state and(if applicable)that the instrument(s) dated _ described in the Petition be admitted to probate and filed of record as the last Will(a d Codicil(s))of Decedent. e ister of Wills Fn,an aw-na ay. roiifi1n11 Page 2 oft ZIMI, iq IX LAST WILL AND TESTAMENT OF HILDA I. PHILLIPS I, HILDA I. PHILLIPS of the Borough of Camp Hill, Cumberland County, Pennsylvania, hereby revoke my prior wills and declare this to be my will: GIFTS I. Personal and Household Effects: I give all my articles of personal or household use, including automobiles, together with all insurance relating thereto, to my husband, Vernon R. Phillips, if he survives me by sixty days. If he does not so survive me, I give all such property and insurance to such of my children as so survive me, to be divided among them as they may agree or, in the absence of agreement, as my executor may think appropriate. My Executor may make whatever arrangements my executor deems appropriate for storing and delivering articles of personal or household use to the beneficiaries, and may pay the cost thereof and any related expenses including insurance from my residuary estate. Cash Bequests: I bequeath the sum of $17, 200 to my son, Richard L. Phillips, and the sum of $17,200 to my son, David A. Page 1 ARNOLD & SLIKE,ATTORNEYS-AT-LAW,2109 MARKET STREET,CAMP HILL,PA 17011 s Phillips, to adjust advancements I have made during my lifetime to my son, Jeffrey L. Phillips; provided that should my husband and I die simultaneously and should her will contain identical cash bequests, my gifts to my sons hereunder shall be reduced by the bequest paid to them from my husband' s estate, so that the total that each of them receives from both estates is $17,200. II. Marital Deduction Trust: If my husband, Vernon R. Phillips, survives me, I give the fractional share of my estate neces- sary to reduce the federal estate tax falling due because of my death to the lowest possible figure to my trustee, IN TRUST, to keep it invested and thereafter: A. During my husband's lifetime: 1 . The entire net income shall be paid to him, at least quarterly; and 2. As much of the principal as my trustee may from time to time think desirable--taking into account funds available from other sources--for his health, support, or maintenance shall be paid to him. I intend my trustee to use principal liberally for my husband to enable him to maintain insofar as possible the standard of living to which he has been accustomed during my lifetime. B. on my husband's death: 1. Any increase in death taxes or administration expenses in his estate caused by the inclusion of a portion of this trust in his estate for tax purposes shall be paid out of the principal Page 2 ARNOLD&SLIKE,AT IIRNFYS-AT-LAW,210 MARKET STREET,C Nfl?HILL,PA 17011 of such portion, except to the extent that a specific reference to his trust in his will provides for payment of such taxes and expenses from other sources; and a written statement by his executor or administrator of the amounts thus payable may be accepted as being correct; and 2. The balance of the then-remaining principal shall be paid to such one or more of my descendants on such terms as he may appoint by a will, specifically referring to this power of appointment; or, in default of appointment or insofar as it is not effective, shall be added to and thereafter treated as a part of the principal of the residuary trust. III. Residuary Trust: I give the residue of my estate, real and personal, to my trustee, IN TRUST, to keep it invested and there- after: A. If my husband, Vernon R. Phillips, survives me, during his lifetime: 1. The net income shall be paid to him in quarterly or other convenient installments not less than quarterly; and 2. As much of the principal as my trustee may from time to time think desirable--taking into account funds available from other sources--for the health, support or maintenance of my husband shall be paid to that person or shall be applied directly for those purposes; provided that none of the principal of this trust shall be paid to or applied for the benefit of my husband unless the principal of the marital deduction trust has been exhausted. B. If my husband survives me, upon his death the then- remaining principal shall be paid to such one or more of my descendants on such terms as my husband may appoint by a will, specifically refer- ring to this power of appointment; or, in default of appointment or insofar as it is not effective, shall be distributed in accordance with paragraph C. Page 3 ARNOLD&SLIKE,ATTORNEYS-AT-LTW,2109 MARKET STREET,CAMP HILL:`PA 17011 C. After my husband' s death (or mine if I survive him) , the then-remaining principal shall be divided into equal shares, so that there will be one share for each child of mine who is then living or then dead, and my trustee shall: 1. Distribute one such share to the issue of such deceased child per stirpes. then living. 2. Distribute one such share to each of my children IV. Power of Appointment: No provision of this will shall exercise any power of appointment I may have. V. Adopted Persons: Persons adopted during minority shall be considered as children of their adoptive parents, and they and their descendants shall be considered as descendants of their adoptive parents. TAX PROVISIONS VI. Special Anti-Tax Provision: No income or principal shall be distributed for the support or maintenance of a beneficiary whom a trustee is legally obligated to support, or for the discharge of any legal obligation of a trustee, any provision herein to the contrary notwithstanding. Page 4 ARNOLD & SLIKE, ATTORNEYS-AT-LAW,2109 MARKET STREET,CAMP HILL.PA 17011 VII. Special Tax Election Provision: If my husband survives me and if my executor elects to qualify only a portion of the marital deduction trust for the marital deduction, my trustee may, in my trus- tee' s sole discretion, divide the principal of the marital deduction trust into two parts and hold each part as a separate trust. One part shall constitute the portion my executor elects to qualify for the marital deduction, and the other part shall constitute the portion my executor elects not to qualify for the marital deduction. The disposi- tive, administrative and other provisions of each such separate trust shall be identical. VIII. Calculation and funding of Marital Deduction: In calcu- lating the fractional share of my estate to be allocated to the marital deduction trust, (i) the unlimited marital deduction allowed by the Economic Recovery Tax Act of 1981 shall apply to my estate, (ii) the fraction shall be calculated as if my executor elected to qualify the entire marital deduction trust for the marital deduction in my estate, (iii) the final determination for federal estate tax purposes in my estate shall control, (iv) the value of any property which qualified for the marital deduction in my estate but which does not pass under this instrument to the marital deduction trust shall be taken into considera- tion, and (v) the fraction shall be reduced to the extent necessary to give my estate the full benefit of all other deductions and credits allowed in calculating the federal estate tax in my estate (but only to Page 5 ARNOLD&$LIKE,ATTORNEYS-AT-LANV,210 MARKET STRFFT,CAMP RILL,PA 17011 the extent so doing does not increase state death taxes) . For the purpose of computing the fractional share and making distributions to the marital deduction trust, "my estate" shall mean my net probate estate, but without any deduction for death taxes. No property ineligible for the marital deduction shall be distributed to the marital deduction trust. IX. Survivorship: My husband shall be deemed to have survived me if the order of our deaths is not clear. X. Death Taxes: All federal, state and other death taxes payable because of my death on the property forming my gross estate for tax purposes, whether or not it passes under this will, shall be paid I out of the principal of my probate estate so that the burden thereof falls on my residuary estate (or, to the extent my residuary estate is insufficient, from the portion of the marital deduction trust which my executor elects not to qualify for the marital deduction ) , and none of those taxes shall be charged against the portion of the marital deduc- tion trust which my executor elects to qualify for the marital deduc- tion, any beneficiary or any outside fund. This provision shall not apply to generation-skipping transfer taxes. Y ' .e� u��,�._ Page 6 ARNOLD&SLIKE,ATTORNEYS-AT-LAW,2209 MARKET STREET,CAMP HILL,PA 17011 - XI. Tax Options: I direct my executor to exercise any options available in determining and paying death taxes in my estate in such a way as reasonably may be expected to achieve the greatest overall tax savings for my family, without regard to any effect upon the size of the marital deduction trust and without requiring adjustments between income and principal. ADMINISTRATIVE PROVISIONS XII. Minor or Disabled Beneficiaries: If any income or prin- cipal of the residuary trust is payable to a minor or to a person who is, in my trustee' s opinion, disabled by illness or other cause, it shall be retained by my trustee in a separate trust for that beneficiary and thereafter: A. As much of the income and principal of that trust as my trustee may from time to time think desirable for the beneficiary either shall be paid to him or her or shall be applied for his or her benefit; B. Any income not so distributed shall be added to prin- cipal; and C. When the minor attains twenty-one years of age or when the disabled person becomes, in my trustee' s opinion, free of disabil- ity, the then-remaining principal shall be paid to him or her. If the beneficiary dies before that time, the then-remaining principal shall be paid to his or her estate. Any funds to be applied under this article either shall be applied directly by my trustee or shall be paid to a parent or guardian of the beneficiary or to any person or organization taking care of the beneficiary, and my trustee shall have no further responsibility for any funds so paid. The word "minor" shall mean a person who has not reached twenty-one years of age. Page 7 ARNOLD OISLIKE,ATTORNEI'S-AT-1A\Y.2109 MARKET STREET,CAMP HILL.PA 17011 Executors: I appoint my husband, Vernon R. Phillips, and my son, David A. Phillips, as Co-executors of this, my Last Will and Testament, and I direct that: D. My executor may, at any time by written instru- ment, appoint a corporation with fiduciary powers as a co-executor or as agent or custodian for the executor and may enter into a binding agree- ment with it regarding its compensation. E. Either of my individual executors may resign at any time without court approval. IN WITNESS WHEREOF, I/snhave hereunto set my hand and seal on this, the day of nCS�e� aAA O,_ .1988. (SEAL) Hilda I . Phi4�Kips In our presence the above-named testatrix signed this and declared it to be her will, and now at her request, in her presence, and in the pres- ence of each other, we sign as witnesses: Name —� Address! Name Address Page 11 ARNOLD &$LIKE,ATTORNEYS-AT-LAW,2109 MARKET STREET.CAMP HILL.PA 17011 COMMONWEALTH OF PENNSYLVANIA) SS. COUNTY OF CUMBERLAND) WE, the undersigned, the testatrix and the witnesses , respectively, whose names are signed to the foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testatrix signed and executed the instrument as her Last Will and Testament and that she signed willingly (or willingly directed another to sign for her) , and that she executed it as her free will and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the testatrix signed the will as witnesses and that to the best of their knowledge the testatrix was at that time eighteen years of age or older, of sound mind, and under no constraint or undue influence. g-O Testatrix Witrfess tness Su scribed, sworn to and acknowledged before me by the testa t x, and subsllqribed nd sworn to be ore me by both witnesses , this day of 198 Notary Public, EziRSEAL- !P�, I'Yotar a Y � ublic res TJuly 3,�19g2 ARNOLD& SLIKE,ATTORNEYS-AT-LAW,2109 MARKET STREET,CAMP HILL,PA 17011