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HomeMy WebLinkAbout05-29-14 � t Bill anb LPitantettt OF PATRICIA ANN TONKIN I, PATRICIA ANN TONKIN, currently residing at 602 Winhall Way, Silver Spring, Maryland,being of legal age and of sound and disposing mind and memory,and not being activated by any duress,fraud,or undue influence whatsoever,hereby make,publish,and declare this writing to be my Last Will and Testament, and I expressly revoke any and all former Wills and Codicils made by me. FIRST: Payment of Debts, Expenses and Taxes I direct my Personal Representative to pay all of my just matured debts and expenses of my last illness,funeral,and burial,without regard to any statutory limitation or rule of court,as soon as may conveniently be done after my death. I authorize the Personal Representative to settle and discharge any claim made against my estate in his discretion. I direct that all estate,inheritance,and other death taxes resulting upon or from my death,including taxes attributable to property which is not part of my probate estate,shall be paid as an administration expense,and shall not be charged to or collected from any legatee, devisee, or beneficiary hereunder, or any other transferee or rhenefciary o,fthe property included in my gross taxable estate. U U_ o t— w m a c, C) U O cn Cn 1—u "� .1 O h E LLI LJ T U � r1 �, SECOND: Disposition of Residue I give,devise and bequeath all of the rest,residue and remainder of my estate,whether real, personal or mixed property,of whatsoever kind,character or description,and wheresoever situated, of which I die possessed, or to which I may in any manner be entitled, or over which I may at the time of my death have power of appointment,to the successor Trustee under a Trust Agreement for the PATRICIA ANN TONKIN TRUST, dated December 8,2009, executed by me as Grantor and Trustee,to be added to the principal of the trust estate and to be administered and distributed as set forth therein(or as the same may be amended at the time of my death). THIRD: Joint Accounts or Assets In the event that at the time of my death there is any account or asset titledjointly in my name and the name or names of one or more but not all of my sons, I confirm that said account was so titled for purpose of accessibility,and not with the intention of passing said account or asset upon my death to the surviving joint owner(s) to the exclusion of my other sons, and said account or asset should be distributed as though it was part of the residue of my estate under Paragraph SECOND above. FOURTH: Personal Representative Provisions I nominate,constitute,and appoint my oldest son,JOSEPH D.TONKIN,QI,as the Personal Representative of my estate. If JOSEPH D.TONKIN,III predeceases me or is unable or unwilling to serve,I nominate,constitute and appoint my next oldest son,ROBERT L.TONKIN,as alternate or successor Personal Representative,with my youngest son,CHARLES M.TONKIN,as the alternate or successor to him. I request that no bond or undertaking be required of the Personal Representative in the performance of duties hereunder;provided, however,that if notwithstanding this request,he 2 shall be required by law to furnish bond or undertaking, then I request that he be exempted from having to give surety or security if permissible under the law. I authorize my Personal Representative to sell without license from any court any portion of my estate,as he may deem to be in the best interest of my estate. IN WITNESS WHEREOF, I, PATRICIA ANN TONKIN, have hereunto set my hand and affixed my seal this 8h day of December,2009,to this,my Last Will and Testament,contained upon these three (3) pages, and for purposes of identifying the pages, I have initialed the margin of all other pages hereof. '_"PAT C A ANN TONKIN The foregoing was on the 8h day of December,2009,by the above-named PATRICIA ANN TONKIN, signed, sealed,published, and declared as her Last Will and Testament,in our presence, who,at her request,and in her presence and in the presence of each other,have hereunto subscribed our names as attesting witnesses;and said Testatrix,PATRICIA ANN TONKIN,was at said time of sound mind, under no constraint, and capable of executing a Will. WITNESS: ADDRESS: (13 C'��ermo�,-l�t�n, lu0 �CB7y 3 Before the Register of Wills for Montgomery County, Maryland Proof of Custody of Last Will and Testament Estate No. W77419 Date Filed : September 6,2013 Decedent Patricia Ann Tonkin Date of death of decedent: July 4,2013 • The paper writing delivered to the Register of Wills is to the best of my knowledge the decedent's Last Will and Testament. Date of execution of will: December S,2009 • The paper writing(s) delivered to the Register of Wills is/are to the best of my knowledge the Codicil(s)to the decedent's Last Will and Testament. Date of execution of Codicil(s): None • I came into possession of the Last Will and Testament and/or Codicils) in the following manner: ❑ Held in Register of Wills safekeeping: ® Held at the law firm of Tyrrell, Mason & Pillote,P.C. • Other: I do solemnly affirm under the penalties of perjury that the contents of the foregoing document are true to the best of my knowledge, information and belief. Signature of person delivering Will and/or Deputy Regis t o i Codicil(s) or requesting the Register of Wills to remove safekeeping files. No. of pages in will 3 Address: Robert L. Pillote, Jr. No. of pages in codicil 6010 Executive Blvd., Suite 900 Rockville, Maryland 20852 301.984.4790 1 42 411 42 5 DEPUT icusroov.MT 11% II IN THE ORPHANS'COURT FOR (OR) Montgomery County r MARYLAND BEFORE THE REGISTER OF WILLS FOR \�jFR Op / 3 �y IN THE ESTATE OF: JQv ROCelyed �7 PATRICIA ANN TONKIN 111 SEP R M12 U ESTATE NO. ` 50^� O FOR: GOMV c Lb REGULAR ESTATE ❑ SMALL ESTATE ❑ WILL OF NO ESTATE PE71TION FOR ADMINISTRATION PETITION FOR ADMINISTRATION Complete items 2 and 5 ❑ LIMITED ORDERS Complete item 2 and attach Schedule C Complete and attach Schedule A. Complete and attach Schedule B. The Petition of: Robert L.Tonkin 10129 Dallas Avenue Name Address Silver Spring MD 20901 Name - Address ( Name Address Each of us states: 1. I am(a)at least 18 years of age and either a citizen of the United States or a permanent resident of the United States who is the spouse of the decedent,an ancestor of the decedent,a descendant of the decedent,or a sibling of the decedent or(b)a trust company or any other corporation authorized by law to act as a personal representative. 2. The Decedent, Patricia Ann Tonkin was domiciled in Montgomery ,State of Maryland and died on the 4th day of July . 2013 , (county) at 3128 Gracefeld Road #T-07 Silver Spring MD 20904 (pace,of death) 3. If the decedent was not domiciled in this county at the time of death,this is the proper office in which to file this petition because: NIA 4. 1 am entitled to priority of appointment as personal representative of the decedent's estate pursuant to§5-104 of the Estates and Trusts Article,Annotated Code of Maryland because: 1 am listed as the alternate Personal Representative after Joseph D Tonkin III who has submitted his consent to my appointment and I am not excluded by§5-105(b)of the Estates and Trusts Article,Annotated Code of Maryland from serving as personal representative. Regular Estate-RWI112 Page l of 2 with Schedule A(RW113S) Small Estate-RW1103 Page 1 of 2 with Schedule B(RW1137) PDF Will of No Estate-RW1135 Page 1 of 2 Limited Order-RW7147 Page 1 of 2 with Schedule C(RW1148) 5. 1 have made a diligent search for the decedent's will and to the best of my knowledge: ❑ none exists;or 67/ the will dated 12/8109 ) accompanying this petition is the last will and it came into my hands in the following manner: obtained from the law firm of Tyrrell, Mason&Pillote,P.C. I and the names and last known addresses of the witnesses are: Robert J. Tyrrell 8943 Edaewood Drive,Gaithersburg, MD 20877 Terri Middleton 13024 Thyme Court, Germantown, MD 20874 6. Other proceedings,If any,regarding the decedent or the estate areas follows: N/A 7. If any information required by paragraphs 2 through 6 has not been furnished,the reason is: N/A i 8. If appointed,1 accept the duties of the office of personal representative and consent to personal jurisdiction in any action brought in this State against me as personal representative or arising out of the duties of the once of personal representative. WHEREFORE,I request appointment as personal representative of the decedent's estate and the following relief as indicated: m that the will and codicils,if any,be admitted to administrative probate; ❑ that the will and codicils,if any,be admitted to judicial probate; ❑ that the will and codicils,if any,be filed only; ❑ that only a limited order be issued; ❑ that the following additional relief be granted: I solemnly affirm under the penalties of perjury that the contents of the foregoing petition are true t the best of my kno inform on and belief. _.t 72 �� ff 3 n l 3 Attorney Robert L. Pillote,1611. Petitioner Robert on in Date 6010 Executive Blvd., Suite 900 Address Petitioner Date Rockville, MD 20852 Petitioner Dale (301)964-4790 Telephone Number Telephone Number(optional) Regular Estate-RW1112 Page 2 of 2 with Schedule A(RW1136) ROWNET Small Estate-RW1103 Page 2 of 2 with Schedule It(RW1137) 1 POF Will of No Estate-RW1135 Paget oft PDF Limited Order-RW1147 Page 2 of 2 with Schedule C(RW1148) IN THE ORPHANS' COURT FOR (OR) EP OF ntgomery County MARYLAND BEFORE THE REGISTER OF WILLS FOR �5 �Ce,,jz� r \ IN THE ESTATE OF: ¢ SEp 6 Zp13 —7 PATRICIA ANN TONKIN O' ESTATE N0. / 1 O SCHED Regular Estate Estimated Value of Estate and Unsecured Debts Personal property(approximate value)approximate value $75,000.00 Real Property(approximate value)approximate value ....................................... $0.00 Value of property subject to: (a) Direct Inheritance Tax of % $0.00 (b) Collateral Inheritance Tax of °h $0.00 Unsecured Debts(approximate amount) $0.00 I solemnly affirm under the penalties of perjury that the contents of the foregoing schedule are true to the best of my knowledge, information and belief. Attorney Robert L. Pillote, r. Petitioner Robert L. Tonkin Date 6010 Executive Blvd.,Suite 900 Address Petitioner Date Rockville, MD 20852 Petitioner Date (301)984-4790 Telephone umber Telephone Number(optional) — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — / (FOR REGISTER'S USE) Safekeeping Wills ✓ Custody Wills Bond Set #�g�t 'oo Deputy I LOP RWI136 ROWNET 112009 PDF Iz- IN THE ORPHANS' COURT FOR 0 (OR) ` ' rho ontgdknery County MARYLAND BEFORE THE REGISTER OF WILLS FOR / 'I IN THE ESTATE OF: 7 /1-/ PATRICIA ANN TONKIN ESTATE NO. / %%% LIST OF INTERESTED PERSONS Specify: He1rlLegateal Name(and age If Wt Known Address Personal Relationship under 18 years) Including Zip Code Representative to Decedent Robert L.Tonkin 10129 Dallas Avenue PR/Heir Son Silver Spring,MD 20901 Joseph D.Tonkin, III 9707 Whiskey Run Heir/Legatee(Trustee) Son Laurel, MD 20723 Charles M.Tonkin 1148 12th Street Heir Son Laurel,MD 20707 Joseph D.Tonkin Heir mouse (deceased May 29.2009) I solemnly affirm under the penalties of perjury that the contents of the foregoing list of interested persons are true to th best of my knowledge, information,and belief. - AAd rney Robert L. PilloQ Jr. Petitioner/Personal epresentative Date 6010 Executive Blvd., Suite 900 Address Pethioner ersonal Representative Date Rockville,MD 20852 (301)984-0790 Petitioner/Personal Representative Date Telephone Number Instructions: 1. Interested persons include decedent's hews(suMvhg spouse.ddldmn,and other persons who would inherit if there were no will) and,if decadent died with a win,the personal representative named in the will and all legatees(persons who Inherit under the will). All heirs must be listed even if decedent dies with a will. 2. This fist must be filed(a)within 20 days after appointment of a personal representative under administrative probate or(b)at the RW1104 fime of filing a Petition for Judicial Probate or a Petition for Administration of a Small Estate. ROWNET 11/2009 PDF 5 List ofIhtecested Persons Wor eet • Paget of 1 Estate Name: iPatricia Ann Tonkin Estate No.: W77419 Did the decedent have a surviving spouse? F- Yes R No r- Don't Know If spouse is deceased please provide date of death : IMay 29, 2009 Did the decedent have any children? R-Yes 7 No F Don't Know Are all, some or none of the children living? - All F- Some F- None 7 Don't Know Does the decedent own real property in Maryland? �Yes rr No Continue to next section INTESTATE TESTATE NO CLAIMS ON FILE. NO WILL IN SAFEKEEPING. ADDITIONAL INFORMATION: Mail In Person Joe Kelley - Phone Deputy Register of Wills htip://10.1.23.3/ipworksheet/ipchecklist.htm 9/9/2013 IN THE ORPHANS' COURT FOR (OR) MONTGOMERY COUNTY , MARYLAND BEFORE THE REGISTER OF WILLS FOR i IN THE ESTATE OF: PATRICIA ANN TONKIN ESTATE NO. W77419 ADMINISTRATIVE PROBATE ORDER Upon the foregoing Petition for Administrative Probate, and any bond requirement having been met, it is this 6th day of SEPTEMBER 2013 ORDERED that ROBERT L TONKIN is (are) appointed personal representative(s) of the Estate of PATRICIA ANN TONKIN ; and further ORDERED that the will dated 12/8/2009 (and codicils, if any, dated is (are) admitted to probate. JOSEPH M GRIFFIN Register of Wills RW1119 ROWNET 1112009 A y+ r o z z m h Y 163 STATE OF MARYLAND LETTERS OF ADMINISTRATION ESTATE NO.W77419 I certify that administration of the Estate of PATRICIA ANN TONKIN was granted on the 6th day of SEPTEMBER, 2013 to ROBERT L TONKIN as personal representative(s) and the appointment is in effect this 8th day of MAY 2014 0 Will probated September 6, 2013 ate) ❑ Intestate estate JOSEPH M GRIFFIN Register of Wills for Montgomery County VALID ONLY IF SEALED WITH THE SEAL OF THE COURT OR THE REGISTER RW1120 ROWNET 1112009 State of Waryranr v Montgomery County z x m .;; o��J . ,, , ,5o$�y OFFICE OF THE REGISTER OF WILLS S 1632 Estate/Case Number: W77419 I, Joseph M Griffin, Register of Wills for Montgomery County, Maryland, do hereby certify that the foregoing is a true copy of the,. LAST WILL AND TESTAMENT AND PROOF OF CUSTODY,REGULAR ESTATE PETITION FOR PROBATE, LIST OF INTERESTED PERSONS, ADMINISTRATIVE PROBATE ORDER, AND LETTERS OF ADMINISTRATION, recorded in the estate/case of PATRICIA ANN TONKIN, deceased. In testimony whereof, I have hereunto subscri6edmy name andaffi;edthe seafof the vsgi:ster of'Wflls for 9blontgomery County, this Mate: Way 8, 2014 Register of 1K41Ts Deputyltcenify.dot 10197 State of Maryland, Montgomery County, To-wit: I, ROBERT A. GREENBERG Presiding Judge of the Circuit Court for Montgomery County, Maryland, Sitting as the Orphans' Court do hereby certify that the attestation of Joseph M Griffin, Register of Wills for said County, is in due form and by proper officer. Given under my hand, at Rockville, this o fN day of A.D. 2014 Pre ing Judge State of Maryland, Montgomery County, To-wit: I hereby certify that the Honorable ROBERT A. GREENBERG by whom the above certificate was given and who hath thereto subscribed his name, was at the time of so doing Presiding Judge of the Circuit Court for Montgomery County, Maryland, Sitting as the Orphans' Court. In testimmon�yy whereof I hereunto subscribe my name and affix the seal of said Court this 8V day of " �, , A.D. 2014 . Test: V Register of Wills for M ntgomery County Deputy22Certlty.dot 319198