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HomeMy WebLinkAbout07-30-14 PETITION FOR GRANT;OF LETTERS REGISTER OF WILLS OF C,t}VM,BER LAW) COUNTY,PENNSYLVANIA Petitioner(s) named below, who-is/are ifr 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 t Name: Ql fi _ � ') File No: a/k a: 7V (Assigned by Register) a/k/a: r t�5 — a/k/a: — Social Security No: Date of Death: M MA _A,01 Age at death: A to Decedent was domiciled at death in QLkM 69RLAW County, L A (state)with Iris/her last principal residence at lA t( Street ad ress,Post Office and Zip Code City,Township orough County Decedent died at' M F� 170 >r" Street address,Post Office and Zip Code City,Township or Borough County State Estimate of value of decedents property at death: r� r� if domiciled in Pe nnsylvania............................ All personal property If not domiciled in Pennsylvania. ....... Personal property in Pennsylvania $ If not domiciled in Pennsylvania. ..... ................. Personal property in County $ Value of real estate in Pe nnsylvania.... ..... ............ ................................... $ ) (� TOTAL ES -I&/ATED VALUE.. ... $ � 5r Real estate in Pennsylvania situated at S MA 3ea� MDCfi� (Raach additional sheets,ifnecesaory.) Street address,Post Office and Zip Cade City,Township or Borough County A Petition for Probate and Grant of Letters Testamantary t { etitioner(s)aver(s)helshelthey is/are the Executor(s)named in the last Will of the Decedent,dated V d tA'�! �,Q 12, and Codicil(s) thereto dated T" State relevant circumstances(e.g.renunciation,dealt,of executor,etc.) l Except as follows:afterthe execution of the instrumem(s)offered for probate Decedent did notmany,was not diva fe 2s natapHFytoa0ndinE- divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S.§3323(g),a not have(Ahild iidiitbs! CD adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. o%; 4 ANOEXCEPTIONS OEXCEPTIONS �r-��- - _T,* [] B. Petition for Grant of Letters of Administration (if applicable) ` r? c,tn-d.b.n., dAmc.t.a.,pendente tite,it,, bsentia,duraFtte nunoritaie If Administration,c.t a. or d.b.n.e.t.a.,enter date of Will in Section A above and complete list of heirs. Fxeept 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. ONO EXCEPTIONS []EXCEPTIONS Petitioner(s),aftera proper search has/have ascertained that Decedent left no Will and was survivedby the following spouse(ifany)and heirs(attach additional sheets,if necessary): Name Relationship Address Fom,RW-02 rev. 1011112011 Page 1 of 2 Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA } } SS: Y COUNTY OF t Lkn ke P } Pettioner(s)Printed Name Petitioner(s)Printed Address Lac,I I1 ris I&I Ir. f 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 ecedent,the Petitioner(s)will well an truly administer the estate according to law. Sworn to or affirmed and subscribed before LL\i C1 D ! /��, ' y,f f Q, Date 30 j it me th/is�wh�da o Date I " By: lJtu.r t� (hn, Date For the Register Date BOND Required:AYES ®,NO To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters . . . . . . . . . .. . . . . . . . . . . . $ Attorney Signature: ( , }Short Certificate(s). . . . . . z ( }Renunciation(s)... . . .... ( )Codicil(s). ... ..... .. . . { )Affidavit(s)..... . . . . . . . Bond.. . . . . . . . . . . . . . . . Printed Name: s- Conant"ssion. . . . . . . . . . . . . . . . . . Supreme Court p Other 1 . . . . .. . . IS ID Number: m r— r:• ti Firm Name: . . . . . . . . Address: C.s -77 . . . , . . Phone: Lis Automation Fee, . . . . . . . . . . . . Fax: JCS Fee. . . . . . . . . . . . .. . .. Email: TOTAL. ... . .. .... .. .. . . . ... $ _( DECREE OF THE REGISTER Estate f t�iJl! IQXYa N(te-'1er'. Ie%rce File No: d1 �3.W.t���1-,e 1 G Kto, W lltGYi�"— IYee'., AND NOW, L9A4 �J(� *—i in consideration of the foregoing Petition, satisfactory proof having been p esented before me, IT I ECRE_ED that Letters_T=�t"4tT� _�Y2 T are hereby granted to _ -sr— 30J—)—) +9i 22, in the above estate and(if applicable)that the instruments)dated { 1S described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s))of Decedent. e ster of W Its rarrrr RV 102 rr rv. rpinnml Page 2 oft 1'iCV J 2aca JUL 30 Fii 2 41 Last Will and Testament oRRHAN's COURT of CUMBERLAND CA. PA B. Wyllene Peirce I, B. Wyllene Peirce, also known as Barbara Wyllene Peirce, a resident of New Cumberland, Cumberland County, Pennsylvania, revoke any prior wills and codicils made by me and declare this to be my Will. Article One Family Information I have two children. Their names and dates of birth are: Lurae Louise Caparella a/k/a L. Louise Caparella, bom on September 2, 1947; and Lawrence D. Peirce a/k/a Larry D. Peirce, born on July 23, 1953 All references in my will to "my children" are references to these children. Article Two Distribution of My Property Section 2.01 Disposition of Tangible Personal Property I direct that my personal representative shall distribute my tangible personal possessions according to a separate "Personal Property Memorandum" or other similar writing, which shall be signed by me and kept with my Estate Planning Portfolio. It is my intent that such writing qualifies to distribute my tangible personal possessions under applicable state law. If such writing is not found at the time of my death, or ruled an improper disposition, this bequest shall lapse and my tangible personal possessions shall become part of my living trust. If any items of tangible personal property I happen to own are not mentioned in such list, such items shall become part of my living trust. If any such gift shall lapse, then such items shall become part of my living trust. Section 2.02 Pour-Over to My Living Trust All of my probate estate, excluding any property over which I might have a power of appointment, and after payment of expenses and taxes which are paid pursuant to this will, I give to the Trustee of the B. Wyllene Peirce Living Trust dated May 16, 1997 as restated on May 20, 2009, and executed prior to this will, to be added to the property of that trust and direct that the Trustee administer the property as provided in the trust agreement and any amendments prior to my death. Page 1 of 8 Section 2.03 Alternate Disposition If the trust referred to in Section 2.02 is not in effect at my death or if for any other reason the pour-over cannot be accomplished, I specifically and completely incorporate the terms of the trust into this will by reference. In such a situation, I direct my personal representative to establish a trust in accordance with the provisions of such trust and give the remainder of my estate, excluding any property over which I might have a power of appointment, to the Trustee of said trust to be administered as provided in the trust agreement. Article Three Designation and Succession of Fiduciaries Section 3.01 Personal Representative I nominate Denise J. Peirce to serve as my personal representative. If Denise J. Peirce fails or ceases to act as my personal representative, I nominate Lawrence D. Peirce and Lurae Louise Caparella to serve. If both Lawrence D. Peirce and Lurae Louise Peirce fail or cease to act as my personal representative, then Barbara Harmon Sheffield shall act as my successor personal representative. Article Four Powers of Fiduciaries Section 4.01 Grant My personal representative may perform every act reasonably necessary to administer my estate and any trust established under my will. Specifically, my personal representative may exercise the following powers: hold, retain, invest, reinvest, sell, and manage real or personal property, including interests in any form of business entity including, but not limited to, limited partnerships and limited liability companies, and policies of life, health and disability insurance, without diversification as to kind, amount or risk of non-productivity and without limitation by statute or rule of law. My personal representative may partition, sell, exchange, grant, convey, deliver, assign, transfer, lease, option, mortgage, pledge, abandon, borrow, loan and contract. My personal representative may distribute the assets of my estate in cash or kind or partly in each at fair market value on the date of distribution, without requiring pro rata distribution of specific assets and without requiring pro rata allocation of the tax bases of such assets. My personal representative may hold in nominee form, continue businesses, carry out agreements, deal with itself, other fiduciaries and business organizations in which my personal representative may have an interest. It may establish reserves, release powers, and abandon, settle or contest claims. It may employ attorneys, accountants, custodians of the trust assets, and other agents or assistants as deemed advisable to act with or without discretionary powers and compensate them and pay their expenses from income or principal or both. Page 2 of 8 Section 4.02 Powers Granted by State Law In addition to all of the above powers, my personal representative may exercise all powers granted under applicable state law as set forth in the Pennsylvania Probate, Estates and Fiduciaries Code, as amended after the date of my will. I incorporate such Act as it exists today by reference and make it a part of my will. Section 4.03 Distribution Alternatives My personal representative may make any payments under my will: Directly to the beneficiary; In any form allowed by applicable state law for gifts or transfers to minors or persons under disability; To the beneficiary's guardian, conservator, or caregiver for the benefit of the beneficiary; or By direct payment of the beneficiary's expenses. A receipt by the recipient for any such distribution, if such distribution is made in a manner consistent with the proper exercise of my fiduciaries' duties hereunder, shall fully discharge my fiduciaries. Article Five Administrative Provisions Section 5.01 Court Proceedings If any trust is established under my will that trust shall be administered in a timely and efficient manner consistent with its terms, free of active judicial intervention and without order, approval or other action by any court. It shall be subject only to the jurisdiction of a court being invoked by the trustees or other interested parties or as otherwise provided by law. Section 5.02 No Bond I direct that no fiduciary shall be required to give any bond in any jurisdiction, and if notwithstanding this direction, any bond is required by any law, statute, or rule of court, no sureties be required. Section 5.03 Compensation Any fiduciary under this instrument shall be entitled to reasonable compensation commensurate with services actually performed and to be reimbursed for expenses properly incurred. Section 5.04 Ancillary Fiduciary In the event ancillary administration shall be required or desired and my domiciliary personal representative is unable or unwilling to act as an ancillary fiduciary, my domiciliary personal representative shall have the power to designate, compensate, and remove the ancillary fiduciary. The ancillary fiduciary may either be a natural person or a corporation. My domiciliary personal representative may delegate to such ancillary Page 3 of 8 fiduciary such powers granted to my original personal representative as my personal representative may deem proper, including the right to serve without bond or surety on bond. The net proceeds of the ancillary estate shall be paid over to the domiciliary personal representative. Article Six - Tax Provisions Section 6.01 Death Taxes and Payment of Expenses The trustee of the trust referred to in this will is authorized to pay my funeral and burial expenses, claims against my estate, and expenses of estate administration. Accordingly, I direct my personal representative to consult with the trustee to determine the preferable source for payment of such amounts and which, if any, should be requested from the trust. I direct my personal representative to follow any instructions contained in the B. Wyllene Peirce Living Trust in making any tax election, including, but not limited to, the allocation of my GST Exemption. I direct that the taxes imposed by reason of my death upon property passing under and outside my will be apportioned and paid in the manner provided in the B. Wyllene Peirce Living Trust, and I incorporate the tax apportionment provisions of the B. Wyllene Peirce Living Trust as part of my will. In no event shall any of such taxes be allocated to or paid from property which is not included in my gross estate for federal estate tax purposes or which qualifies for the federal estate tax charitable deductions. Section 6.02 Tax and Administrative Elections My personal representative may exercise any available elections under any applicable income, inheritance, estate, succession, or gift tax law. This authority specifically includes the power to select any alternate valuation date for death tax purposes and the power to determine whether any or all of the administration expenses of my estate are to be used as estate tax deductions or as income tax deductions, and no compensating adjustments need be made between income and principal as a result of such determinations unless my personal representative shall determine otherwise, in the discretion of my personal representative, or unless required by law. My personal representative shall not be liable to any beneficiary of my estate for tax consequences occasioned by reason of the exercise or non-exercise of any such elections or by reason of the allocation and distribution of property in kind in full or partial satisfaction of any beneficiary's interest in my estate. Page 4 of 8 Article Seven General Provisions Section 7.01 Applicable Law The validity and construction of my will shall be determined by the laws of the Commonwealth of Pennsylvania. Section 7.02 Contest Provision If, after receiving a copy of this paragraph, any person shall in any manner, directly or indirectly, attempt to contest or oppose the validity of my will or my living trust, including any amendments thereto, or commences, continues or prosecutes any legal proceedings to set my will or living trust aside, then such person shall forfeit his or her share, cease to have any right or interest in my property, and shall for the purposes of my will be deemed to have predeceased me. This Section shall not apply so as to cause a forfeiture of any distribution otherwise qualifying for the federal estate tax charitable deduction. Section 7.03 Construction Unless the context requires otherwise, words denoting the singular may be construed as denoting the plural. Words of the plural may be construed as denoting the singular. Words of one gender may be construed as denoting another gender, if appropriate. Section 7.04 Headings and Titles The headings and paragraph titles are for reference only. Section 7.05 Internal Revenue Code, IRC or Code References to the Internal Revenue Code, the IRC or the Code shall refer to the Internal Revenue Code of the United States. References to specific sections of the Code shall be to any sections of like or similar import that replace the specific sections as a result of changes to the Internal Revenue Code made after the date of my will. Section 7.06 Other Definitions Except as otherwise provided in my will, terms shall be as defined in the Pennsylvania Probate Code as amended after the date of my will and after my death. Section 7.07 Survivorship For purposes of this will, any beneficiary shall be deemed to have predeceased me if such beneficiary dies within 30 days after the date of my death. Section 7.08 Severability If any part of this instrument shall be adjudicated to be void or invalid, the remaining provisions not specifically so adjudicated shall remain in full force and effect. Page 5 of 8 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) We, E, LPAp — and &EtL ,� the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw the testatrix sign and execute the instrument as her Last Will; that the testatrix signed willingly and executed it as her free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the testatrix signed the will as a witness; and that to the best of our knowledge the testatrix was at that time 18 or more years of age, of sound mind, and under no constraint or undue influence. Witness Witness COMMONWEALTH OF PENNSYLVANIA Notarial seal Camndra T.Rosenbaurn!Notary Public Lower Paxton Two.,Dauphin County nCommI5510n Expires Dec.4,2016 rhEMaErLOErormvnntaASSOOA110NOFA WA(QES Notary Public Page 8 of 8 I, B. Wyllene Peirce also known as Barbara Wyllene Peirce,�havi g signed this Will in the presence of:�ivS4,,-) . 2�e„ Pf and AA1Zl � 7�IGL� I who attested it at my request on this day, cL, h 1 1 2013 at New Cumberland, Pennsylvania, declare this to be my Will. B. Wyllene Peirce, Testatrix 10&* A. V"006_&AAW Barbara Wyllene Peirce, Testatrix The above and foregoing Will of B. Wyllene Peirce was declared by B. Wyllene Peirce in our view and presence to be her Will and was signed and subscribed by the said B. Wyllene Peirce in our view and presence and at her request and in the view and presence of B. Wyllene Peirce and in the view and presence of each other, we, the undersigned, witnessed nd attested the due execution of the Will of B. Wyllene Peirce on this day, � {n 2013. residing at tf3S �n : _ _ �— residing at oA) �c��NCS-r Page 6 of 8 PENNSYLVANIA SELF PROVING AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) I, B. Wyllene Peirce also known as Barbara Wyllene Peirce, the testatrix whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; and that I signed it willingly and as my free and voluntary act for the purposes therein expressed. Sworn to or affirmed and acknowledged before me by B. Wyllene Peirce, the testatrix, this day, 2013. B. Wyllene Peirce, Testatrix ate•_ Barbara Wyllene Peirce, Testatrix COMMONWEALTH OF PENNSYLVANIA Notarial Seal Cassandra 7.Rosenbaum,Notary public lower Patton ivry.,Dauphin Co01 unty MEMBE Commk�on Expires pec'4,26 WfiLA� R...... TA AssOpA110N OF HOrARMS Notary Public Page 7 of 8 REGISTER OF WILLS CERTIFICATE OF CUMBERLAND COUNTY GRANT OF LETTERS PENNSYLVANIA No. 2014- 00713 PA No. 21- 14- 0713 Estate Of: BARBARA WYLLENEPEIRCE (Firsq Midtlle,Last) a/kfa: B WYLLENE PEIRCE WYLLENE PEIRCE Late Of: NEW CUMBERLAND BOROUGH CUMBERLAND COUNTY Deceased S 0 ocial Security No: WHEREAS, on the 30th day of July 2014 an instrument dated July 1st 2013 was admitted to probate as the last will of BARBARA WYLLENE PEIRCE n tFrsf.Mrddta,L.0 nn a/k/a B WYLLENE PEIRCE WYLLENE PEIRCE m::F c rte-_ late of NEW CUMBERLAND BOROUGH, CUMBERLAND County. CD t i who died on the 24th day of May 2014 and, o('- WHEREAS, a true copy of the will as probated is anne edFheratp. _= cam THEREFORE, I, LISA M. GRAYSON. ESQ. Register of Wi1:TP in Rd for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby certify that I have this day granted Letters TESTAMENTARYto: DENISE J PEIRCE 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 COURT HOUSE, CARLISLE, PENNSYLVANIA, IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office on the 30th day of July 2014. h egrsteF of Wit S De ty **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)