Loading...
HomeMy WebLinkAbout10-03-14 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 ' j �j 2 Name: Elsie L. Burch File No: -� -q16 a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: 7/9/2014 Age at death: 98 Decedent was domiciled at death in Cumberland . County, Pennsylvania (State)with his/her last principal residence at 201 Asbury Dr.,Mechanic'sbMrg.. PA 17055 - Lower Allen Twp Cumberland Street address,Post Office and Zip Code City,Township or Borough County Lower Allen Twp Decedent died at 5225 Wilson Ln,Apt. 8, The Oaks at Mechanicsburg 17055 Cumberland PA Street address,Post Office and Zip Code Bethany City,Township or Borough County State Estimate of value of decedent's property at death: Village If domiciled in Pennsylvania................................All personal property $ 5.000.00 If not domiciled in Pennsylvania.............................Personal property in Pennsylvania $ If not domiciled in Pennsylvania.............................Personal property in County $ Vahteof real estate in Pennsylvania.............................................................. $ TOTAL ESTIMATED VALUE.... $ 5.000.00 Real estate in Pennsylvania situated at: None (Attach additional sheets,ifnecessory.) Street address,Post Office and Zip Code City,Township or Borough County ® A. Petition for Probate and Grant of Letters Testamentary Petitioner(s)avers)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated 10/20/2010 and Codicil(s) thereto dated N/A State relevant circumstances(eg.renunciadon,death ofexecutor,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. ® NO EXCEPTIONS ❑EXCEPTIONS ❑ B. Petition for Grant of Letters of Administration(If applicable) c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente lite,durante absentia,durante minoritate If Administration,c.ta. or db.n.cta.,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 ❑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): ry Name Relationship AddressC= s coCS rrl rn w rrlrl m C3 C> o -ry -a k-A r rn ` w -rl Form RW-02 rev.10/11/2011 Page 1 of 2 Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF CUMBERLAND } Petitioner(s)Printed Name Petitioner(s)Printed Address PNC Bank National Association 4242 Carlisle Pike PO Box 308 Camp Hill PA 17011 named in Will as PNC National Association The Petitioner(s)above�ramed 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'taat,as Personal Representative(s)of the Decedent,the Petitioner(s)will well and truly administer the estate according to law. PNC Bank, Nat nal Association Sworn to A affirmed ari subsc ibed before �lj = a Date \l7 �-- me th•s da f 2014 y Date By r Vice Prestftnt 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. .. . . ... .. .. ... ........ $ 30.00 Attorney Signature: (10 )Short Certificates(s) ... ... 50.00 i ( )Renunciation(s)..... ..... ( )Codicil(s) . . ............ ( )Affidavit(s)... . . .... .... Bond Printed Name: Peter G. Howlan . Esquire Commission . . . . ..... . . ...... ... Supreme Court Other ..•...... ID Number: 91463 Will 15.00 Int. Tax & Inventory ...... ... 30.00 Firm Name: Wix, Wenger&Weidner Address: 508 North Second Street P.O. Box 845 Harrisburg PA 17108-0845 •••••.•.• Phone: 717 234-4182 n c ••• • • • ••• Fax: 717 234-4224 0 Automation Fee . .. .............. 5.00 Email: howland www slaw c� JCS Fee .... ... .. .. . . .... .. . ... 35.50 x r� gra TOTAL .... . . . .. . .. . . ... ... ..$ 165.50 ;z rrTMM '. Cn WJ C7 DECREE OF THE REGISTER J' -:� � Estate of Elsie L. Burch File No: �I ►~� i r— a/k/a: f� AND NOW, Ck WV �E 2014 , in consideration of the foregoing Petition, satisfactory proof having been presented before me,IT IS EC that etters`` tt Te tamenta are hereby granted to � V SOC in the above_estate'and(if applicable)that the instrument(s)dated 10 2C3 0 described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s))of Decedent., y� - Register of Wills Form Rw-02 rev.10/11/2011 a e 2 of 2 ry M LAST WILL AND TESTAMENT C') M OF ELSIE L. BURCHrn r— M 1,ELSIE L.BURCH,make this my Last Will and Testament,and I revoke any pkyib-r s Vfdl. FIRST: I direct my Executor to pay all my last illness and funeral expenses as soo"s M,c"> convenient. r cry (n SECOND: Unless otherwise set forth on a memorandum lodged with m'yExecutor;Tall -9 personal effects, clothing, furniture, furnishings, jewelry, automobiles, other tangible personal property of every kind, except only that used in a business or held for investment, and insurance thereon,I give in equal shares to such of my children who shall survive me for a period of thirty(30) days and to the issue of any child who shall not so survive me for a period of thirty(30)days,to be divided among them as they may agree or, if they are unable to agree, as my Executor may decide. Any items not so disposed of shall be sold by my Executor and the proceeds added to my residuary estate. THIRD: All the rest, residue and remainder of my estate, of whatsoever nature and wheresoever situate,, including that over which I have a Power of Appointment, I give, devise and bequeath In Trust to PNC Bank, National Association, the Successor Trustee, under the Trust Agreement with me as Settlor and original Trustee, dated August 14, 2003, as amended. I hereby waive the Power of Appointment in the Trust Agreement created by'my spouse with, formerly, NATIONAL CITY BANK.as Trustee. FOURTH: I direct that all estate, inheritance and other taxes in the nature thereof,together with any interest and penalties thereon, becoming payable because of my death with respect to the property constituting my gross estate for death tax purposes, whether or not such property passes under this Will, be paid from the residue of my Estate, and/or the Trust of which I am Settlor described in paragraph THIRD above.No person receiving or having a beneficial interest in any such property, whether under this Will or otherwise, shall at any time be required to contribute to or refund any part thereof, provided, however, that this direction shall not apply to the taxes on any , property included in my estate solely because of a power of appointment thereof which I possess but have not exercised or on any qualified terminable interest or to any generation-skipping transfer taxes. FIFTH: My Executor is hereby authorized and empowered,in addition to such powers granted executors by law, all exercisable without court order: (a)to sell securities or other property,real or personal or both; (b) to borrow money from such persons as it may desire, including the power to borrow from itself as an individual or as a fiduciary under any Trust Agreement for any purpose necessary or desirable in connection with the payment of taxes or other matters incidental to the settlement or administration of my Estate, or for investment purposes, on either a secured or unsecured basis, at such rate of interest as may be necessary and to sign notes and to pledge the assets of my Estate as security therefor;(c)to make non-prorata distributions in kind or partly in kind or partly in cash; (d)to retain all or any'part of my property,real or personal,constituting my Estate for such time as MY Executor deems best or to invest or reinvest the same without being restricted to "legal" investments, and invest,.reinvest,buy, sell or trade options,puts,calls,or any other type of financial instrument,the nature of which need not be contemplated or in existence at the time this Will is executed; (e) to file joint income tax returns and to consent to joint gift tax returns with my husband,his executors or administrators;(f) to compromise claims against or in favor of the Estate, with or without Court approval on such terms and conditions as Exejutor deems appropriate,in my Executor's sole discretion;(g) if the Estate includes any interest which I had in a business At the time of my death, whether the same is a sole proprietorship, a partnership, or a corporation in which I owned all or a substantial portion of the stock, to continue the business, until such time as MY Executor deems advisable to sell, liquidate or distribute the same in kind. Executor shall have all rights and powers in connection with the business as I had when living,including by way of example and not limitation,the powers to operate or join in the operation thereof as a going concern,to form or re-form a general or limited partnership,to incorporate or re-incorporate and to liquidate or sell the same or any part thereof, all as it deems advisable for the best interests of the'Estate and of the beneficiaries thereof, without any liability for loss resulting from the operation of said business except where such loss is the result of negligence or fraud on the part of the Executor;(h)to receive, for its services in.connection with any such business, such additional compensation as may be commensurate therewith;(i) to claim,in my Executor's discretion,expenses of administration of my Estate as deductions for federal income tax purposes,when this will result in an overall reduction of income and death taxes for my Estate (no adjustments between income and principal or in the amount of the distributions to the trusts created by separate instrument shall be required as a result of such action); 0) in my Executor's sole discretion,to elect(or not)to treat as property passing to my husband and as eligible for the marital deduction under I.R.C. Section 2056(a) property which is "qualified terminable interest property" within the meaning of I.R.C. Section 2056(b)(7), in all regards except for such election;(k) in my Executor's sole discretion to allocate such exemptions as are available as to the generation skipping transfer tax to any property,to exclude any property from that allocation and to make all related allocations thereto. No beneficiary shall have any claim against my Executor for exercising such allocation powers as granted herein, (1) in my Executor's sole discretion to compromise taxes on future interests on such terms and conditions as Executor deems appropriate;(in)to maintain reasonable reserves for depreciation,depletion,amortization and obsolescence;(n) notwithstanding anything to the contrary herein,my Executor shall have no power or authority to take any act or make any election, or refrain from either action, which power or authority would cause the income or principal of my estate to be taxed to such executor for income or estate tax purposes by virtue of the existence or exercise or non-exercise of such power or authority; (o) to disclaim any interest in property, to such extent and as to such property as my Executor deems appropriate;and(p)I authorize my executor(or trustee),in the exercise of sole and absolute discretion, to make any adjustment authorized under IRC §1022 to the basis of property owned by me at the date of my death,as such ownership is defined by IRC § 1022(d),including,but not limited to, increasing the basis of any property included in my estate, whether or not passing under this instrument,by allocating any amount by which the basis of such items of property may be increased. Such power shall extend to both the basis increase under IRC §1022(b)and the spousal property basis increase under IRC § 1022(c).Provided,however,that such adjustments to basis shall not increase the basis of any interest in property acquired from the decedent above its fair market value in the hands of the decedent as of the date of the decedent's death. Further, my executor (trustee) shall be under no duty and shall not be required to allocate any basis increase authorized under IRC § 1022 exclusively,primarily or at all to assets passing under this instrument as opposed to other property included in my estate.I hereby expressly waive any such duty that otherwise would exist. No such allocation of basis made in good faith by my executor (trustee) shall cause my executor(trustee)to be liable to any person or to be subject to removal or forfeiture of commissions or other compensation. My executor (trustee) may elect, in the exercise of sole and absolute discretion and without permission of any court or other authority,to allocate any adjustment to the basis of property owned by me a the date of my death to one or more of all assets in which my executor(trustee)has a personal interest,to the partial or total exclusion of other assets with respect to which the election could be made.Any such allocation shall not cause my executor(trustee)to be liable to any person or to be subject to removal or forfeiture of commissions or other compensation. SIXTH: I nominate,constitute and appoint PNC,National Association,as Executor under this my Last Will and Testament. No bond shall be required in this or any other jurisdiction of my Executor. SEVENTH: I hereby nominate, constitute and appoint PNC, National Association, as Guardian of the estate of any minor or other beneficiary physically or mentally unable to manage his or her affairs and to serve without bond in this or any other jurisdiction. If any beneficiary of my estate is under the age of eighteen (18)years at the time at which distribution of any property devised and bequeathed by this Will would otherwise be made to such beneficiary, or is unable to manage his or her own affairs, my Executor shall distribute all such property to the guardian of the estate of such beneficiary. The guardian shall hold,manage, invest and reinvest any property received by the guardian (whether under this Will or otherwise), shall collect the income thereof,and shall apply so much of the net income and,if the net income is insufficient,so much of the principal of the property held for such beneficiary as the guardian shall deem necessary or advisable for such beneficiary's health, maintenance, support and complete education. The guardian shall accumulate any surplus net income annually and add the same to the principal of the property held for such beneficiary. When such beneficiary attains the age of eighteen(18)years,or becomes able to manage his or her affairs, the guardian shall distribute to such beneficiary all property held by the guardian for such beneficiary. If such beneficiary dies before attaining the age of eighteen(18)years,or becoming able to manage his or her affairs, the guardian shall distribute to the personal representative of such beneficiary's estate all property held by the guardian for such beneficiary. EIGHTH: The words "child, children,or issue", as used in this Will, shall include adopted persons and persons born or adopted after the date of this Will,respectively unless expressly stated to the contrary. NINTH: The compensation payable to my Executor shall be the compensation due, in accordance with the fee schedule of my Executor at the time such services are rendered, or if my Executor is an individual, such compensation shall be reasonable compensation. IN WITNESS WHEREOF, 1, ELSIE L. BURCH, the Testatrix, to this my Last Will and Testament, printed on four (4) sheets of paper have set my hand and seal this 20 day of QGA , 2010. ELSIE L. BURCH Signe , aled,published and declared by Testatrix as and for her Last Will and Testament,in our presence,at her r qu and in the pr ence of each other have hereuo set our Lands eats as attesting witnesses. residing a 1141, " //k-1-4;--iding at COMMONWEALTH OF PENNSYLVANIA: SS: COUNTY OF DAUPHIN: AC r CA7.-j We, ELSIE L. BURCH and d e� �" end the Testator/Testatrix, and the witnesses, respectively,whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator/Testatrix signed and executed the instrument as his/her last will, and that he/she had signed willingly and that he/she executed it as his free and voluntary act for the purposes therein expressed, and that each of the witnesses in the presence and hearing of the Testator/Testatrix signed the Will as witness; and that to.the best of his knowledge the Testator/Testatrix was at that time eighteen or older, of sound mind and under no constraint or undue influence. el_ : Test or/Testa tnx. witness witness Subscribed,Sworn to and acknowledged b o e me b ELSIE L. B (CH Testator/T statrix and Subscribed and Sworn f befor e 6y . and the witnesses, thisday of3m 20 0. R SEAL Notary Public My Commission Expires: VEpLTI— PENNSYLVANIA—* NOTARIAL SEAL JANICE E.YOCUM,Rotary Public City Harrisburg,_.Dauphin County ' ► n E){ires Marsh 02,2014