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HomeMy WebLinkAbout08-28-14 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: Ruth A Turner File No: ? a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: 8/5/2014 Age at death: 84 Decedent was domiciled at death in Cumberland County, Pennsylvania (State) with his/her last principal residence at 66 Ashburg Dr Mechanicsburg 17050 Silver Spring Township Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at 1995 Technology Pkwy. Mech 17050 Hampden Township Cumberland PA Street address,Post Office 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 $ 30.000.00 Ifnot domiciled in Pennsylvania.............................Personal property in Pennsylvania $ Ifnot domiciled in Pennsylvania.............................Personal property in County $ Value of real estate in Pennsylvania.............................................................. $ TOTAL ESTIMATED VALUE.... $ 3000000 Real estate in Pennsylvania situated at: (Attach additional sheets,ifnecessary) Street address,Post Office and Zip Code City,Township or Borough County M A. Petition for Probate and Grant of Letters Testamentary Peftioner(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated 8/712003 and Codicil(s) thereto dated State relevant circumstances(e.g.renunciation,deaf/,of"senior,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. M NO EXCEPTIONS ❑EXCEPTIONS ❑ B. Petition for Grant of Letters of Administration(If applicable) at.a.,d.b.n.,d.b.n.c.t.a.,pendente lite,durance absentia,durance minornate If Administration,c.t.a. or d.b.n.c.l.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 O 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 N s 77 Z7 ° M � fr1 T n G7 <n IN3 --i O , co � v % O Cy c o CD 3 �i Form RW-02 rev.10111/2011 —�j N r aW3I oft b O co –13 Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA } } SS: o COUNTY OF CUMBERLAND } c r Petitioner(s)Printed Name Petitioner(s)Printed Addre = n CD Cn T1 69 Millers Gap Road r a m m m co Beth A Riland Enola g= U '' PA 17RfE r O 3 Z -o __4 N r rn CC) r7 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 Decede t,the Petitioner(s)will well and truly administer the estate according to law. Sworn to ffitmed and subscribed before �� 4 , ✓ .d{ _a 8 aG/ t� met t da o August 2014 Date Dale By Date For the Register Date BOND Required: ❑ YES M NO To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters. .. . .. .. . .. . .. . ... ... . . $ 90.00 Attorney Si natu (3 )Short Certificates(s) .. . . . . 15.00 B ( )Renunciation(s) .. . . .. . ... �i ( )Codicil(s) .. . .. . ... . . .. . ( )Affidavit(s)... . .. . . ... . . Bond Printed Name: Jan L Brown Commission . ... .. ... . .. . . . .. . . . Supreme Court Other Will 15.00 ID Number: 67993 Inventory 15.00 Inher Tax Return 15.00 Firm Name: Jan L Brown &Associates Address: 845 Sir Thomas Court Suite 12 " "" "' Harrisburg PA 17109 Phone: 717-541-5550 Fax: 717-541-9223 Automation Fee .. ... ... . ... . . ... 5.00 Email: Brenda @janbrownlaw.com JCS Fee .. .. . .. .. . .. . .. . ... . ... 35.50 TOTAL . . .. .. .. ... ... . .. . . ...$ 190.50 DECREE OF THE REGISTER Estate of Ruth A Turner File No: �s a/k/a: AND NOW, August 2014 in consideration of the foregoing Petition, satisfactory proof having been presented before me,IT IS DECREED that Letters Testamentay are hereby granted to Beth A Riland in the above estate and(if applicable)that the instrument(s)dated August 7, 2003 described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s))of Decedent. ANA M egis er of Wills . Farm RW-02 ray.10/11/2011 gp!!!� ,Page 2 of 2 , LAST WILL AND TESTAMENT A o OF C o x, rn _ M RUTH A. TURNER cn m v� Co ;:a tzy o 0 �-. C. I,RUTH A.TURNER,of Dauphin County,Pennsylvania,declare this to be my Last 6Rll -n and Testament. I revoke all other Wills and Codicils that I may have previously made. Article I -My just debts and expenses of my last illness,funeral,and administration of my estate shall be paid by my Executor from the principal of my residuary estate as soon as practicable after my death. Article II All inheritance,estate,and succession taxes(including interest and penalties thereon,but not including any generation skipping tax)payable by reason of my death shall be paid out of and be charged generally against the principal of my residuary estate without reimbursement from any person. This provision is not a waiver of any right which my Executor has to claim reimbursement for any such taxes which become payable as the result of any property over which I have the power of appointment. Article III I give, devise and bequeath in accordance with any memorandum which I have either handwritten or signed,located with my Will or with my valuable papers and found within 30 days of the probate of my Will. Gifts may only be to persons who survive me or to organizations which exist at my death, and if there is a conflict, the memorandum having the latest date shall govern. Article IV All the rest, residue and remainder of my estate, of whatsoever nature and wheresoever situate, I give, devise and bequeath to my daughter, BETH A. RILAND, of Cumberland County, Pennsylvania. In the event that BETH A.RILAND predeceases me or fails to survive me by thirty (30) days, I give, devise and bequeath the remainder of my estate, of whatsoever nature and wheresoever situate according to the following: I give and bequeath the vehicle I own at the time of my death to my nephew, RICHARD WHITTINGSLOW, ofRosharan, Texas. All the rest,residue and remainder of my estate,I give,devise and bequeath according to the following: ONE THIRD of the residue of the residue of my estate to LINDA BIGLER,of Cumberland County, Pennsylvania, outright and per stirpes; ONE THIRD of the residue of the residue of my estate to DAULTON BIGLER to be held in trust according to Article V; and ONE THIRD of the residue of the residue of my estate to KARLI BIGLER to be held in trust according to Article V. - 2- If any of my beneficiaries predecease me or fail to survive me by thirty (30) days, I give, devise and bequeath his or her share to his or her issue who survive me, per stirpes, or if he or she has no issue, the share(s) are to be added equally to the other shares. Article V Separate Trusts are to be established for DAULTON BIGLER and KARLI BIGLER under the following terms and conditions: In the event DAULTON BIGLER and/or KARLI BIGLER attend college,they(he and/or she)are to receive the income from their Trust during college. When each attain the age of twenty- one (21), the remaining funds in his/her Trust shall be distributed to the beneficiary outright. In the event DAULTON BIGLER and/or KARLI BIGLER do not attend college, the interest from the Trust funds is not available, but shall be accumulated in the Trust until the beneficiary attains the age of twenty-five(25). When the beneficiary(ies) attain the age of twenty- five(25),the beneficiary's Trust funds shall be distributed,including accumulated income,interest and principal. If any of my beneficiaries predecease me or fail to survive me by thirty (30) days, I give, devise and bequeath his or her share to his or her issue who survive me,per stirpes, or if he or she has no issue, the share(s) are to be added equally to the other shares. No beneficiary or remainderman of this Trust shall have any right to alienate, encumber, or hypothecate his or her interest in-the principal or income of the Trust in any manner,nor shall any interest be subject to claims of his or her creditors or liable to attachment, execution, or other processes of law. - 3 - Article VI I hereby appoint KENNETH RILAND as Trustee of any Trust(s) created in this Will. In the event of the renunciation, death, resignation, or inability to act, for any reason whatsoever of KENNETH RILAND, I nominate and appoint LINDA BIGLER as Successor Trustee of any Trust(s) created in this Will. Article VII In order to carry out the purposes of the Trust established by this Will, the Trustee, in addition to all other powers granted by this Will or by law,shall have the following powers over the Trust estate, subject to any limitations specified elsewhere in this Will: (a) to retain in the form received and/or to sell either at public or private sale, any real estate or personal property except that which I specifically bequeath herein, (b) to manage real estate, (c) to invest and reinvest in all forms of property without being confined to legal investments, and without regard to the principal of diversification, (d) to exercise any option or right arising from the ownership of investments, (e) to compromise claims without court approval and without consent of any beneficiary, (f) to file fiduciary/income tax returns and pay the tax due for any year for which such a return is required, (g) to make distributions in cash or in kind,or in both,and to determine the value of any such property, - 4- (h) to employ any attorney, investment advisor, or other agent deemed necessary by my Executor; and to pay from my estate reasonable compensation for all their services, (i) to conduct along with or with others, any business in which I am engaged in or have an interest in at the time of my death, and 0) to receive reasonable compensation in accordance with their standard schedule of fees in effect while their services are performed. Article VIII I nominate, constitute, and appoint BETH A. RILAND Executrix of my Last Will and Testament. In the event of the renunciation, death, or inability to act, for any reason whatsoever of my Executrix,I nominate,constitute and appoint KENNETH RILAND successor Executrix of my Last Will and Testament. I direct that my Executrix and successor Executrix be permitted to serve without bond and in addition to those powers granted by law,I grant them power to distribute in cash or in kind in like or in unlike shares and to file any qualified disclaimer I could have filed if living. My Executrix and successor Executrix shall receive reasonable compensation for services rendered to my estate. Article IX In addition to the powers conferred by law, I authorize my Executrix and successor Executrix, in his/her absolute discretion: (a) to retain in the form received and to sell either at public or private sale,any real estate or personal property except that which I specifically bequeath herein, 5 - (b) to manage real estate, (c) to invest and reinvest in all forms of property without being confined to legal investments, and without regard to the principal of diversification, (d) to exercise any option or right arising from the ownership of investments, (e) to compromise claims without court approval and without consent of any beneficiary, (f) to file any federal income tax return for any year for which 1 have not filed such return prior to my death, (g) to make distributions in cash or in kind,or in both, and to determine the value of any such property, (h) to employ any attorney, investment advisor, or other agent deemed necessary by my Executor; and to pay from my estate reasonable compensation for all their services, (i) to conduct alone or with others, any business in which I am engaged in, or have an interest in at time of my death, and 0) to receive reasonable compensation in accordance with their standard schedule of fees in effect while their services are performed. IN WITNESS WHEREOF,I,RUTH A.TURNER,hereby set my hand to this my Last Will and Testament, on_L'1 n o 2003, at Harrisburg, Pennsylvania. v RUTH A. TURNER - 6- In our presence,the above-named RUTH A.TURNER signed this and declared this to be her Last Will and Testament,and now at her request,in her presence, and in the presence of each other, we sign as witnesses. Name Address CI'd t�GL �InI 2 Ote a 110 . Qlr2 PA f 7v3 3 lcf I t1i1M t PXA yi F, ChM 9d�u 105�_PL 6Se W�fiVf_-JL(.b� 104 1-705-) VU I, RUTH A. TURNER, Testatrix,who signed the foregoing instrument,having been duly qualified according to law, acknowledge that I signed and executed this instrument as my Will, and that I signed it willingly as my free and voluntary act for the purposes therein expressed. Sworn to or affirmed and acknowledged before me by RUTH A. TURNER, the Testatrix, on 1 2003. u Gl> OL N Public RUTH . TURNER NOT� W9�WIIY We, the undersigned witnesses who signed the foregoing instrument, being duly qualified according to law, depose and say that we were present and saw the Testatrix sign and execute this instrument as her Will;that she signed and executed it willingly as her free and voluntary act for the purposes therein expressed;that each of us in her sight and hearing signed the Will as witnesses,and that to the best of our knowledge, that she was at that time eighteen(18) years or more of age, of sound mind, and under no constraint or undue influence' .r Sworn to or affirmed and subscribed to before me by �t and(cI CQF-ue,Qtn^C gt11>� Witness witnesses, on 2003. o Public NOTARIAL SFAL JAN L BROWN NOTARY PUBLIC (QWER JYIXJON DAUPHIN COUMY MY COMMISSION EIIPI�tES MARCH 29 2004 8-