HomeMy WebLinkAbout06-30-14 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,appfy(ies)for Letters as specified below,and in support thereof aver(s)the
following and respectfully requests the grant of Letters in the appropriate form:
Brian J.Britt
Decedent's Information ii� t(
Name: Bernard J.Britt File No: 21 — 14— /f bE4
atk/a:
{Assigned by Register}
a/k/w
a/kia: Social Security No:
Date of Death: 11/2112013 Age at Death: 81
Decedent was domiciled at death in Cumberland County, PA (State)with his/her last
principal residence at 1001 Charles Street,Mechanicsburg 17055 Mechanicsburg Cumberland
Street address,Post Office and Zip Code City,TO Jngi cr aowugt County
Decedent died at 111 S.Front Street Harrisburg Dauphin Pa
Street address,Post Office and Zip Code City,Township ar 6orough County state
Estimate of value of decedent's property at death: et
If domiciled in Pennsylvania..............-...... Alt personal property $ "f� 4 CJ O. 00
If not domiciled in Pennsylvania................ Personal property in Pennsylvania $
If not domiciled in Pennsylvania................ Personal property in County $
Value of real estate In Pennsyl vania................................................................... $
TOTAL ESTIMATED VALUE $ 4'd ,0o. Op
Real estate in Pennsylvania situated at
(AttaCh addA�iDnal sheets,d necessary)
Street address,Post Office and Zip Code City,Township or Borough Canty
®A. Petition for Probate and Grant of Letters Testamentary
Petitioner(s)avers)that he/she/they is/are the Executor(s)named in the Last Will of the Decedent,dated 02/06N998�:_- a:!?g Codicil(s)
thereto dated none C> I'r7
t C— 47
State rebvant circumstances(e.g,renunciation,death of executor,etc) W � P
Except as follows:after the execution of the instrument(s)'offered for probate,Decedent did not marry was not divvorp�ad,w@sytot a parry_tto 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-
ONO EXCEPTIONS [] EXCEPTIONS n I
❑ B. Petition for Grant of Letters of Administration (If applicable) :L7 CO r- rTi
c1a.,d.b.n.,dArric.t.a.,pedenta)fite^durance abs"tia.d4nintie4ninoritate
If Administration,c.ta or db.n.at.a.,enter date of Will in Sea D CD ''7 ton A above and complete list of heirs.
Except as follows:Decedent was not a party to 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
Farr1 RW-02 rev.ia-1f-20if Copyright(c)2911 fan sofhrare o y The Lalaw Grmep,Inc page t of 2
Oath of Personal Representative Otedet use Only
COMMONWEALTH OF PENNSYLVANIA }
} SS:
COUNTY OF Cumberland }
Petitioner(s)Printed Name Petitioner(s)Printed Address
Brian J.Britt 330 West Meadow Drive
Mechanicsburg,PA 17055
The Petitioner(s)above-named swear(s)or affirm(s)the statements In the Diegoing Petition are true and correct to the best of the knowledge and
belief of Petitioner(s)and that,as Personal Representative(s)of the DeC}'^'d t,Petitioner(s Ii and ruly administer the estate according lo law.
Sworn t Or affirmed a subscribed before . ! �l. ��-�� Date
me thisvic day of uneE't Data
By: rRaI&L A Dwe
Far tno Regwer Date
BOND Required? ❑ YES f NO To the Register of tills:
FEES:
Please enter my appearance by my signature below:
/�''�t�
Letters....................................._... $ 4 1 V Attorney Signature:
{ 14 )Short Certificate(s)......... :� 7
( )Renunciation(s)..............
{
)Codicil(s)....................... V
(
)Affidavit(s)............-........ Printed Name: Jessica Fisher Greene Esq.
Bond............................................. Supreme Court
Commission.........._.................... to Number: 310018
Other W` 1J�
" i IS Firm Name: Keystone Eider Law P.C.
ny) yien'W Y1"1 i`.s Address: 555 Gettysburg Pike
Ste c100
Mechanicsburg,PA 17055
Phone: 717.697-3223
Automation Fee............................ F.3 Fax:
JCS Fee....................................... .7 3.50
TOTAL.........__................-......- $ .ri0 E-mail: Jessica @keystoneeiderlaw.com
DECREE OF THE REGISTER
Date of Death: 11/2112013
Social Security No:
Estate of Bernard J.Britt File No: 21-14-Lll
a/k/a:
AND NOW, ,in consideration of the foregoing Petition,
satisfactory proof having been presented before me,IT IS DECREED that Letters Testamentary
are hereby granted to Brian J.Britt
in the above estate and(if applicable)that the instrument(s)dated 02106/1998
described in the Petition be admitted to probate and filed of record as th Iast Will(and(Clodic'(s)of Deed
cent.
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k_Kegister of Wills � � /
Copyni,M(c)2011 form aofM eonly The admen Gra+P.i I Page 242
LAST WILL
R CORDED, OFFICE OF OF
ECISTEI;
OF WILLS BERNARD J. BRITT
20 JON 30 AM 9 50
CLErt`r: 0I; BERNARD J. BRITT, presently of 1001 Charles Street, Mechanicsburg,
ORF6WNS' COU„T
Iu�be rlandlCountyp`,,Pennsylvania, declare this to be my Last Will hereby revoking all Wills and
Codicils previously made by me.
I declare that I am married to Loretta M. Britt and that all references in this Will to
my Wife are references to her.
I declare I have five children now living: Ann B. Ballets nee Britt, born August 3,
1957, Brian J. Britt, born July 5, 1958, Michael F. Britt, born April 21, 1960, James B. Britt, born
September 21, 1961 and Maria B. Hensel nee Britt, born January 31, 1963. All references in this
Will to my children include only those five individuals named above.
ARTICLE I
Payment of Debts/Expenses: I direct the payment of my legally enforceable debts
and the expenses of my last illness and funeral, from my estate as soon after my death as may be
convenient, without regard to any statutory limitation thereon.
ARTICLE H
Personal and Household Effects: I give certain items of my household furnishings
and tangible personal property to my children and grandchildren in accordance with the terms of a
written memorandum which I have prepared. I bequeath any such property not disposed of by such
Scott M. Dinner memorandum, or all of such property if the memorandum is not located or received by my Personal
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3 x�Ca.su,t<20, Representative, to my Wife. Further, should my Wife fail to survive me and no such memorandum
M«6.nic.6un.PA 17055
A.(71 7)691.7314 is found then my successor Personal Representative shall distribute m y
personal and household
effects among my children who survive me, in shares of substantially equal value as
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determined by my children. If my children fail to make this determination within six(6)months
after my death then my successor Personal Representative shall determine the share of each child.
If the written memorandum referred to in this ARTICLE II is not located or received
by my Personal Representative within sixty(60) days after taking office as such, after and upon the
conducting of a reasonable search for such memorandum, the Personal Representative shall be held
harmless for distributing such property as hereinbefore provided.
ARTICLE III
Gifts to Grandchildren: I give the sum of Five Thousand ($5,000.00)Dollars to
each of my grandchildren who survive me. Should any grandchild not be 21 years of age at the
time such distribution is to be made hereunder, then I direct that the$5,000.00 be held in a
custodial account by my Personal Representative as custodian until such grandchild reaches age 21,
ARTICLE IV
Establishment of Credit Shelter Trust: I give to my Wife and my son, Brian J.
Britt, as Co-Trustees, in Trust, in addition to all assets received directly by the Co-Trustees that are
excludable from my gross taxable estate for federal estate tax purposes, assets of a total value equal
to the largest amount, if any, that can pass free of federal estate tax by reason of the unified credit
and any other credits available for federal estate purposes except (1)the state death tax credit to
the extent that use would require an increase in the amount of state death taxes paid and(2)the
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credit for tax on prior transfers to the extent that credit arises from transfers to me from individuals
Attu "a(L.
3 K,CmA-sui�201 who die after me. Such latter amount shall be reduced by the value for federal estate tax purposes
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A.(71 7)691-7314 of any gifts which do not qualify for the marital or charitable deduction made by me under this Will
or otherwise, and further reduced by an amount equal to the sum of all charges to principal, except
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death taxes(since I direct hereafter that such death taxes be paid from this Credit Shelter Trust),
that are not deducted in computing my federal estate tax.
I recognize that depending upon the amount of bequests under my Will, my
non-testamentary dispositions, the amount of state death taxes and administration expenses, and
other factors, this Credit Shelter Trust might be non-existent or might consume all estate assets, so
that no assets may remain to pass outright to my Wife pursuant to the residuary gift under the
provisions of ARTICLE VI hereafter.
ARTICLE V
Distribution of the Credit Shelter Trust:
A. The assets of the Credit Shelter Trust shall be held and distributed on the
following terms during the lifetime of my Wife:
1. Income and Principal Distributions: The Co-Trustees shall pay and
distribute to my Wife or for her benefit the entire income therefrom, which
payments shall be made to her periodically, but not less frequently than
quarterly. In addition, the Trustees shall from time to time pay to my
Wife, or shall apply directly for her benefit, as much of the principal of this
Credit Shelter Trust as the Co-Trustees may consider necessary or advisable
for her health, education or support(or any combination of them).
2. Power of Withdrawal: In any taxable year of the trust, my Wife shall
have the right to withdraw the greater of$5,000 or 5%of the principal of this
Credit Shelter Trust valued as of the date such request for withdrawal is
received by the Co-Trustees. The value of the principal is to be conclusively
determined by the Co-Trustee other than my Wife. The right of
withdrawal shall be exercised only in writing and delivered to the Co-Trustees
and the right of withdrawal shall not be cumulative.
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B. Upon the death of my Wife or at my death if she shall have predeceased me, then
a1#o @Ey of Law
3 x�CmK-su;�201 the Co-Trustees shall distribute the balance of the Credit Shelter Trust, in equal shares, outright to
MEEAaniustun,PA 17055
A.(717'691.7314 my children, per stirpes. If any of my children should predecease me and no issue survive them,
then the Co-Trustees shall distribute that deceased child's share equally amongst my
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surviving children or to their issue, per stirpes. If at any time any beneficiary entitled to receive
principal from the Credit Shelter Trust estate pursuant to this subparagraph B. is a minor or an
incompetent or a person whom the Co-Trustees deem unable to handle the funds properly or wisely
if paid directly to the beneficiary, the Co-Trustees in their discretion may make payments in any one
or more of the following ways:
1. To the natural guardian or legally appointed guardian of the person or
estate of the beneficiary;
2. By making expenditures directly for the care, support, maintenance, or
education of the beneficiary: or
3. To any person or organization furnishing care, support, maintenance, or
education for the beneficiary.
The Co-Trustees shall not be required to see the application of any funds paid or
applied in any of the aforementioned ways and the receipt of the payee shall be full acquittance to
the Co-Trustees.
C. In the event of the death, resignation, renunciation or inability to act of either my
Wife or my son, Brian J. Britt as a Co-Trustee of this Credit Shelter Trust, then I appoint my son,
Michael F. Britt, in their place and stead with the same powers, rights, discretions, obligations and
immunities. In the event my son, Michael F. Britt, should die, resign, become disabled, or for any
other reason cease to act as a successor co-Trustee, then I appoint my son, James B. Britt, to serve
as his successor.
ARTICLE VI
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Residuary Estate: If my Wife survives me, then I give the rest, residue and
A . - ;. remainder of rn estate outright to Wife free of all trusts. In the event my Wife does not
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M,ch—i .6.,,QUA 17055
ph.(717)691-7314 survive me, the assets shall be added to and be held and distributed in accordance with the terms of
my Credit Shelter Trust for my children. Furthermore, if my Wife disclaims all or any
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part of her interest in this residuary gift, such disclaimed property shall be added to and be held and
distributed in accordance with the terms of the Credit Shelter Trust. If for any reason the Credit
Shelter Trust shall not have been created or shall have been exhausted, such property shall be held
and distributed on the same terms set forth for the Credit Shelter Trust pursuant to ARTICLE V.
ARTICLE VII
Survivorshin Presumption: If my Wife and I should die under circumstances which
render the order of our deaths uncertain, for the purposes of the residuary marital gift under
ARTICLE VI, it shall be conclusively presumed that my Wife survived me.
ARTICLE VIII
Protection from Improvidence: No interest of any beneficiary under this Will or
any codicil hereto shall be subject to anticipation or voluntary or involuntary alienation.
ARTICLE IX
Personal Representative: I nominate and appoint my Wife to serve as my Personal
Representative of this Will. In the event of the death, resignation, renunciation or inability to act of
my Wife, then I appoint my son, Brian J. Britt, as my successor Personal Representative of this Will
in her place and stead.
ARTICLE X
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3110..,Coy t-&i.201 Fiduciary's Performance and Powers: No fiduciary under this Will shall be
Meoh..i..bu,,PA 17055
,h,`717'691-7314 required to give bond or other security for the faithful performance of the fiduciary's duties.
Any such fiduciary shall have the following powers, in addition to those given by law:
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1. To retain any property, pending distribution hereunder, to invest in or
purchase any property without restriction to legal investments for fiduciaries, to
distribute property in kind, to compromise claims, and to sell any property at
public or private sale;
2. To hold shares of stock or other securities in nominee registration
form, including that of a clearing corporation or depository, or in book entry
form or unregistered or in such other form as will pass by delivery;
3. To engage in litigation and compromise, arbitrate or abandon claims;
4. To make distributions in cash, or in kind at current values, or partly in
each, allocating specific assets to particular distributee on a non-prorata basis,
and for such purposes to make reasonable determinations of current values;
5. To make elections, decisions, concessions and settlements in
connection with all income, estate, inheritance, gift or other tax returns and the
payment of such taxes, without obligation to adjust the distributive share of
income or principal of a any person affected thereby;
6. To borrow money from any person including any fiduciary acting
hereunder, and to mortgage or pledge any real or personal property;
7. To manage, control, repair and improve all estate property;
S. To procure and carry at the expense of the Estate, insurance of the
kinds, forms and amounts deemed advisable by my Personal Representative to
protect the Estate against any hazard;
9. To employ any attorney, investment adviser, accountant, broker, tax
specialist or any other agent deemed necessary in the discretion of my Personal
Representative; and to pay from the Estate reasonable compensation for all
services performed by any of them.
ARTICLE XI
Death Taxes: My Personal Representative and Trustees shall pay all estate,
inheritance and other death taxes(including the supplemental estate tax on certain qualified plan
Sao#A Dinner benefits but not including any generation skipping tax imposed on a direct skip), together with
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M-h..w.h„,,P.9.17055 interest and penalties, which shall be payable with respect to property or interests subject to
ph.(717)691.7314
taxation by reason of my death and whether passing under my Will or any codicil, or otherwise,
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including jointly held and other non-testamentary property. My Personal Representative and
Trustees shall pay the same out of the principal of the Credit Shelter Trust without apportionment.
Only to the extent the Credit Shelter Trust is insufficient or unless my Wife predeceases me shall
any such payments be made from my residuary estate.
ARTICLE XII
Exempt Property: No property received by my Personal Representative and
Trustees which is exempt from federal estate tax that may be assessed against my estate shall be
available for the payment of debt, inheritance and estate taxes or penalties and interest, or
administration expenses in the settlement of my estate.
ARTICLE XIII
Concurrent Wills: My Wife and I are executing wills at approximately the same
time in which each of us is the primary beneficiary of the will of the other. These wills are not
executed because of any agreement between my Wife and myself. Either will may be revoked at
any time at the sole discretion of the maker thereof.
ARTICLE XIV
Invalidity: If any provision of this Will or of any codicil hereto is held to be
inoperative, invalid or illegal, it is my intention that all of the remaining hereof shall continue to be
Dinner A.�coff fully operative and effective so far as it is possible and reasonable.
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IN WITNESS WHEREOF, I have hereunto set my hand and seal and caused this
my Will , consisting of nine (9) typewritten pages, including this attestation clause, to be executed,
declared and published this day of February, 1998, at Mechanicsburg, Pennsylvania.
BERNARD J. BRITT
WITNESSES:
Residing at 1-1-18 Av�vr�n �r,
MecY�cn,esl�o„c�g PA t`?os5
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PA 17055
ph.1717)691-7314
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ACKNOWLEDGMENT AND AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA:
SS
COUNTY OF CUMBERLAND
We, Bernard J. Britt Anthony Tarantino
Melissa Thompson and Eric A. Huck the Testator and the
witnesses, respectively, whose names are signed to the foregoing instrument, being duly qualified
according to law, do hereby declare to the undersigned authority that the Testator signed and
executed the instrument as his Last Will, that he had signed willingly, and that he executed it as his
free and voluntary act for the purposes therein expressed, that each of the witnesses, in the
presence and hearing of the Testator signed the Will as witnesses and that to the best of the
witnesses' knowledge, the Testator was at the time eighteen or more years of age, of sound mind
and under no constraint or undue influence.
BERNA D BRITT
WITNESSES:
On this, the&day of February, 1998, before me,Debra K. Donadee, the undersigned
officer, personally appeared Scott M. Dinner,Esquire, known to me to be a member of the Bar of
the S, me C
ourt of Pennsylvania, and certified that he was personally present when the
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A„.,,,L.� r tizrg Iscrnoi °tedgmen and 1 vi was ed by the Testator and witnesses.
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eh.(717)591-7314 - Notarial Seat
Nota Public Debra K oonadae,Notary public
ry Lewisheny&;ro,York County
My commission Expires June 22,1998
member,Penril;ytVapla Assm n of Notaries
RENUNCIATION
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Estate of Bernard J. Britt Deceased
1 Loretta M. Britt in my capacity/relationship as
Personal Representative of the above Decedent, hereby renounce the right to
administer the Estate of the Decedent and respectfully request that Letters be issued to
Brian J. Britt
l —��—/1L n5 o-2ai.� 7Y1• /3it,r-ti'/
(Date)
(Signature) Loretta M. Britt s z z
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1001 Charles Street ? z �'�
(Street Address) f— � Q
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Mechanicsburg, PA 17055 Z' o i r>"71
(Qty..State.Zip) C:C
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Executed in Register's Office Executed out of Register's Office
Sworn to or affirmed and subscribed Before the undersigned personally appeared the
before me this day party executing this renunciation and certified
that he or she executed the renunciation for the
of purposes stated within on this-?r day
Deputy for Register of Wills Notary Public
My Commission Expires:
(Signature and seal of Notary or other official qualified to
admimsteroaths. Show date of expiration of Notary's commission)
COMMONAfALIN OF KNI14MANIA
NOVAK CAF
OMNCM M WSW PrAft
WON AWN �CUMIERWIOCOUNTY
Rwm RW-06 Rev 10-13-2006 MI COMMW"EXOM Jun 4,201 B
Copyright(c)2006 farm software only The Lackner Group,Inc. ,
REGISTER OF WILLS CERTIFICATE OF
CUMBERLAND COUNTY GRANT OF LETTERS
PENNSYLVANIA
No. 2014- 00614 PA No. 21- 14- 0614
Estate Of: BERNARDJBRITT
(First Middle,Last)
Late Of: MECHANICSBURG BOROUGH
CUMBERLAND COUNTY
0 Deceased
Social Security No:
WHEREAS, on the 30th day of June 2014 an instrument dated
February 6th 1998 was admitted to probate as the last will of
BERNARD J BRITT
lFIM,Middle,Last)
late of MECHANICSBURG BOROUGH, CUMBERLAND County,
who died on the 21st day of November 2013 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 TESTAMENTARYto:
BRIAN J BRITT
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 30th day of June 2014.
Re ister of MIS
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