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HomeMy WebLinkAbout11-17-14 Reset 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 t Name: Charles Frederick Kriete File No: "— 1 4 a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: 11/9/14 Age at death: 87 Decedent was domiciled at death in Cumberland County, Pennsylania (state)with his/her last principal residence at 205 Frost Road,Gardners 17324 South Middleton Township Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at 205 Frost Road,Gardners 17324 South Middleton 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 $ 40,000.00 If not domiciled in Pennsylvania. ....................... Personal property in Pennsylvania $ Ifnot domiciled in Pennsylvania. ....................... Personal property in County $ Value of real estate in Pennsylvania......................................................... $ 155,000.00 TOTAL ESTIMATED VALUE. ... $ 195 000.00 Real estate in Pennsylvania situated at: 205 Frost Road,Gardners 17324 South Middleton Township Cumberland (Attach additional sheets,ifnecessary.) Street address,Post Office and Zip Code City,Township or Borough County A. Petition for Probate and Grant of Letters Testamentary Petitioner(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated November 17,2009 rind Codicil(s) thereto dated n CD State relevant circumstances(e.g.renunciation,death ofexecutor,etc.) M -0 - p � n Except as follows: after the execution of the instrument(s)offered for probate Decedent did not many,was not divokletl,was not apm--ty to a I�etiing divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S. §3323(g);-an cfffJid nbt hav .1 chitd bgrEri or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. NO EXCEPTIONS Q EXCEPTIONS - ry F1 B. Petition for Grant of Letters of Administration (If applicable) ' rn c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente lite,durdbte absentia,cftnte 01An Fkate If Administration,ca.a. or d.b.n.e.t.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. Q NO EXCEPTIONS Q 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 Form RW-02 rev. 10/11/2011 Page 1 of 2 Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF Dauphin } Petitioner(s)Printed Name Petitioner(s)Printed Address Peter Fredrick Kriete 1421 Round Hill Road Harrisburg,PA 17110 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 Decedent,the Petitioner(s)will well and truly administer the estate according to law. Sworn to or affirmed and subscribed before Date 1. me this Qrn day of 1-Glefflb 1r Date By: CU ► n.- Date For the Register Date ry s _ M n G') Q BOND Required: ® YES Q NO To the Register of Wills: c FEES: Please enter my appearance by my sig §tF- ORIOW: --{ i" M 1--,7 .a C7 Letters. . . . . . . . . . . . . . . . . . . . . . $ 260.00 Attorney Signature: Cts ( 5 ) Short Certificate(s). . . . . . . .,. 71) ( )Renunciation(s).. . . . . . . . �- "'---' - e� :3 _r} ( ) Codicil(s). . . . . . . . . . . . . ` ( )Affidavit(s).. . . . . . . . . . . P {.� �Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: � -ri m-- Commission. . . . . . . . . . . . . . . . . . Supreme Court Otherldi 1. . . . . . . . . 1 S ID Number: 1i0m . . . . . . . . 15 t l�li�•-�t'1 rte !>!1 1� Firm Name: . . . . . . . . Address: (' l� 1�w1� Cy'3l4w4'r . . . . . . (, It ,I �i v�✓i =�,, - . . . . . . Phone: Automation Fee. . . . . . . . . . . . . . . 5.00 Fax: JCS Fee. . . . . . . . . . . . . . . . . . . . . 35.50 Email: oV.J�_ DN v(yeA TOTAL. . . . . . . . . . . . . . . . . . . . . $� 6^1n3H /Qo DECREE OF THE REGISTER 1�Q/^ Estate of Charles Frederick Kriete File No: Lit-1+ i` —1 WKS a/k/a: AND NOW, 4 `Y�YY�'r 1� ,�-►�t , in consideration of the foregoing Petition, satisfactory proof having been presented before me,IT IS DECREED that Letters Testamentary are hereby granted to Peter Fredrick Kriete in the above estate and(if applicable)that the instrument(s) dated November 17,2009 described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s))of Decedent. I h *�� - - e�ister of ill Form RW-02 rev. 1011112011 age 2 of 2 RECORDED OFFICE OF' REGISTEF,' OF WILLS 2014 NOU 17 M 8 59 LAST WILL AND TESTAMENT CLE OF OF ORPHAIeS' COURT CHARLES FREDRICK KRIETE CUTABERLI,P L', C,Q.. PA I, CHARLES FREDRICK KRIETE, of Cumberland County, Pennsylvania, make this Will, hereby revoking all my former Wills and Codicils. ARTICLE ONE TANGIBLE PERSONAL PROPERTY § 1.1 1 bequeath all my tangible personal property, including by way of illustration but not by way of limitation, my household furniture and furnishings, paintings, books, automobiles, jewelry and personal effects, exclusive of any such property used in a trade or business, in accordance with the terms of a signed and dated memorandum I may prepare. If no such memorandum is received or located by my Executor within sixty (60) days after being appointed as such, after a reasonable search for such memorandum, my Executor shall be held harmless for distributing such assets as hereafter provided. I bequeath any such property not disposed of by such memorandum, or all of such property if no such memorandum is so received or located, to my wife, DOROTHY ELIZABETH KRIETE ("My Wife"), if My Wife survives me. If My Wife does not survive me, I bequeath all such property to my children, BARBARA CLAIRE LANDIS, NORMAN OTTO KRIETE, CHARLES NICHOLAS KRIETE and PETER FREDRICK KRIETE ("My Children"), living at my death, to be divided among them in as nearly equal shares as they agree. In the event of irreconcilable disagreement among My Children, they shall take alternate turns selecting individual items with the eldest of My Children making the first selection. Any items not so selected shall be sold and the proceeds shall pass as a part of my residuary estate. (A1566852:1) i § 1.2 To the extent practicable in the Executor's sole discretion, I bequeath any policies of insurance on such property to the beneficiary entitled to such property. § 1.3 1 direct that the expenses of storing, packing, shipping, insuring and delivering any such property to the beneficiary entitled thereto shall be paid by the Executor as an administrative expense of my estate. ARTICLE TWO RESIDUE § 2.1 1 devise and bequeath all the rest, residue and remainder of my estate to My Wife, if My Wife survives me. § 2.2 If My Wife does not survive me, I devise and bequeath all the rest, residue and remainder of my estate as follows: § 2.2.1 If my daughter, Barbara Claire Landis ("Barbara"), survives me, § 2.2.1.1 1 devise the real property consisting of a house and 45 acre (more or less) farm located at 205 Frost Road, Gardners, Pennsylvania, to Barbara. § 2.2.1.2 The balance of my estate shall be distributed to my sons, Norman Otto Kriete, Charles Nicholas Kriete and Peter Fredrick Kriete, provided that is any of them does not survive me, his share shall be distributed to his then living issue, per stirpes, and if none, to the other of then living my sons. § 2.2.2 If Barbara does not survive me, the rest, residue and remainder of my estate shall be distributed to my then living issue, per stirpes. ARTICLE THREE APPOINTMENT OF FIDUCIARIES § 3.1 1 appoint my son, PETER FREDRICK KRIETE ("Fritz") as Executor of this Will. If Fritz is unable or unwilling to act or continue to act, for any reason whatsoever, I appoint my {A1566852:1} - 2 - i daughter, BARBARA CLAIRE LANDIS, as successor Executrix. All references herein to the "Executor" shall mean my originally appointed Executor or my successor Executrix, as the case may be. § 3.2 1 appoint the then serving Executor as Guardian of the estates of any minor beneficiaries under this Will, including the proceeds of any life insurance on my life payable to such minors and any other property, rights or claims with respect to which I am entitled to appoint a guardian and have not otherwise specifically done so. The Guardian shall have full authority to use such assets, both principal and income, in any manner the Guardian shall deem advisable for the best interests of the minor, including preparatory, college and graduate education, and professional, vocational or technical training, without securing a court order. ARTICLE FOUR POWERS OF FIDUCIARIES § 4.1 No fiduciary under this Will shall be required to give bond or other security for the faithful performance of the fiduciary's duties. § 4.2 Any such fiduciary shall have, without restriction or qualification, all powers given by law, including without limitation those under the Pennsylvania Probate, Estates and Fiduciaries Code, in addition to the following powers: § 4.2.1 To invest in, accept and retain any real or personal property, including stock of a corporate fiduciary or its holding company, without restriction to legal investments. § 4.2.2 To sell, exchange, partition or lease for any period of time any real or personal property and to give options therefor, for cash or credit, with or without security. § 4.2.3 To borrow money from any person including any fiduciary acting hereunder, and to mortgage or pledge any real or personal property. {A1566852:1} - 3 - § 4.2.4 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. § 4.2.5 To engage in litigation and compromise, arbitrate or abandon claims. § 4.2.6 To make distributions in cash, or in kind at current values, or partly in each, allocating specific assets to particular distributees on a non-pro rata basis, and for such purposes to make reasonable determinations of current values. § 4.2.7 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 any person affected thereby. § 4.2.8 To join with My Wife or My Wife's personal representative in the filing of a joint income tax return for any period for which such a return may be permitted, without requiring My Wife or My Wife's estate to indemnify my estate against liability for the tax attributable to her income, and to consent, for federal gift tax purposes, to having gifts made by My Wife during my lifetime treated as having been made half by me. § 4.2.9 To allocate, in the Executor's sole and absolute discretion, any portion of my exemption under Section 2631(a) of the Internal Revenue Code to any property as to which I am the transferor, including any property transferred by me during my lifetime as to which I did not make an allocation prior to my death. § 4.2.10 To disclaim any interest I may have in any estate if the Executor deems such disclaimer to be in the best interests of my estate and the beneficiaries thereof. ARTICLE FIVE PROVISION FOR TAXES § 5.1 All estate taxes, inheritance taxes, transfer taxes and other taxes of a similar nature payable by reason of my death to any government or subdivision thereof upon or with respect to any property subject to any such tax, and any penalties thereon, shall be paid by the Executor out of the principal of that portion of my estate disposed of by Article Two of this Will, (A1566852:1) - 4 - and all interest with respect to any such taxes shall be paid by the Executor out of the income or principal or partly out of the income and partly out of the principal of such portion of my estate, in the absolute discretion of the Executor. My Executor shall not make apportionment among or seek reimbursement from the beneficiaries, recipients or owners of such property for any such taxes, penalties or interest. Notwithstanding any provision of this Article Five to the contrary, the Executor shall not pay any such taxes, penalties or interest attributable to any property included in my estate solely because of a power of appointment thereover that I possess but have not exercised or any qualified terminable interest property. ARTICLE SIX PROVISION FOR DEBTS AND EXPENSES § 6.1 1 direct that any of my legally enforceable debts, any expenses of my last illness, funeral and burial, and any of the administrative expenses of my estate shall be paid from the principal of that portion of my estate disposed of by Article Two of this Will. ARTICLE SEVEN BUSINESS INTERESTS § 7.1 In the event any business interest should be an asset of my estate, whether the same involves a proprietary interest, a partnership interest, a membership interest or stock in a closely held corporation, whether wholly owned, controlled by me or owned in substantial part by me, I authorize the Executor, subject to the terms of any agreement I may have made for the sale of my interests, to continue said business until such time as the Executor shall deem it advisable to sell, to liquidate or to distribute the same in kind. With respect to any sale or exchange of the stock of any such business interest and in the absence of any such agreement entered into by me prior to my death, I direct the Executor to consider and to determine the appropriateness of a sale or redemption of such stock in accordance with Section 303 of the {A1566852:1) - 5 - Internal Revenue Code to the business entity and a possible deferral of federal estate tax payments under Section 6166 of the Internal Revenue Code. It is my desire that to the extent possible any business interest that I may own at the time of my death be continued or disposed of only in an orderly manner so as to maximize the proceeds of any disposition. If an election under the foregoing provisions will effect such desire, the Executor is encouraged to pursue such election if the Executor deems such election also to be in the best interests of my estate and the beneficiaries thereof. The Executor shall have all rights and powers in connection with such business as I had when living, including specifically the power at any time and from time to time to operate or to join in the operation of the same as a going concern, to form or to reform a general or limited partnership or limited liability company, to incorporate or to reincorporate and to liquidate or to sell the same or any part thereof as the Executor deems it advisable for the best interests of my estate and of the beneficiaries thereof without the necessity of any order of court and without any liability for loss resulting from the operation of said business except when such loss is the result of gross negligence or fraud on the part of the Executor. ARTICLE EIGHT MISCELLANEOUS PROVISIONS § 8.1 As used in this Will, the term "Internal Revenue Code" shall mean the Internal Revenue Code of 1986, as amended from time to time, or the corresponding provision of subsequent law. § 8.2 If My Wife and I die under such circumstances that it is impossible to determine which of us survived, it shall be conclusively presumed and this Will shall be construed as if My Wife had predeceased me. If any person other than My Wife and I die under such circumstances that it is impossible to determine which of us survived, it shall'be conclusively presumed and this Will shall be construed as if such person had predeceased me. {A1566852:1} - 6 - § 8.3 Whenever a fiduciary is directed to distribute property to or for the benefit of any beneficiary who is under(a) twenty-five (25) years of age, or(b) a legal disability or otherwise suffers from an illness or mental or physical disability that would make distribution directly to such beneficiary inappropriate (as determined in such fiduciary's sole discretion exercised in good faith), the fiduciary may distribute such property to the person who has custody of such beneficiary, may apply such property for the benefit of such beneficiary, may distribute such property to a custodian for such beneficiary,whether then serving or selected and appointed by the fiduciary (including the fiduciary), under any applicable Uniform Transfers to Minors Act or Uniform Gifts to Minors Act to be held for such beneficiary until such beneficiary reaches twenty-five (25)years of age, may distribute such property to the guardian of such beneficiary's estate, may distribute such property directly to such beneficiary's estate, or may distribute such property directly to such beneficiary (except if any of the conditions hereinbefore described in (b) apply), without liability on the part of the fiduciary to see to the application of such property. This provision shall not in any way operate to suspend such beneficiary's absolute ownership of such property or to prevent the absolute vesting thereof in such beneficiary. § 8.4 An individual fiduciary shall receive compensation in accordance with the law of Pennsylvania in effect at the time of payment, unless the fiduciary waives compensation. A corporate fiduciary shall be compensated by agreement with the individual fiduciary, or, in the absence of such agreement, in accordance with its fee schedule as in effect at the time of payment. I authorize a corporate fiduciary to charge additional fees for services it provides to my estate or a trust hereunder that are not comprised within its duties as fiduciary, for example, a fee charged by a mutual fund it administers in which my estate or a trust hereunder invests, or a fee for providing an appraisal, or a fee for providing corporate finance or investment banking services. I also recognize that a corporate fiduciary may charge separately for some {A1566852:1} - 7 - services comprised within its duties as such fiduciary, for example a separate fee for investing cash balances or preparing tax returns. Such separate charges shall not be treated as improper or excessive merely because they are added on to a basic fee in calculating total compensation for service as fiduciary. IN WITNESS WHEREOF, I have hereunto set my hand and seal this day of November, 2009. ( (SEAL) CHARLES FREDRICK KRIETE Signed, sealed, published and declared by the above named CHARLES FREDRICK KRIETE, as and for his Last Will, in the presence of us and each of us, who, at his request and in his presence and in the presence of each other, have hereunto subscribed our names as witnesses thereto the day and year last above written. Residing at Residing at ) {A1566852:1} - 8 - COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF I&CLP14-1 r J We, CHARLES FREDRICK KRIETE, the testator, N-GF-F,A/ LMi 4 and hwqEA- PAi:Rkcr__ , the witnesses, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testator signed and executed the instrument as his Last Will; that the testator signed willingly and executed it as his free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the testator signed the Will as a witness and that to the best of his or her knowledge the testator was at that time eighteen (18) years of age or older, of sound mind and under no constraint or undue influence. CHARLES FREDRICK KRIETE Witness 0. PZ4_v� Witness Subscribed, sworn to and acknowledged before me by CHARLES FREDRICK KRIETE, the testator, and subscribed and sworn to before me by 'i A &n 1714 and tilyf e_ A�R�c-� -, the witnesses, this nom` day of November, 2009. A , Nota Public (SEAL) COMMONWEALTH OF PENNSYLVANIA Notarial seal Carol A.Koppenhaver,Notary Public City of Harrisburg,Dauphin county My Commission Expires March 18,2012 {A1566852:1} - 9 - REGISTER OF WILLS CERTIFICATE OF CUMBERLAND COUNTY GRANT OF LETTERS PENNSYLVANIA ,l OF CU ' No. 2014- 01086 PA No. 21- 14- 9086 J� Estate Of: CHARLES FREDERICK KRIETE C (First,Middle,Last) Q v Late Of: SOUTH MIDDLETON TOWNSHIP CUMBERLAND COUNTY Deceased Social Security No: 1750 WHEREAS, on the 17th day of November 2014 an instrum-at da da, U' November 17th 2009 was admitted to probate as the last !Riutlp f� -� --� CHARLES FREDERICK KRIETE C.0 (First,Middle,Last) late of SOUTH MIDDLETON TOWNSHIP, CUMBERLAND County, C�) :' co r who died on the 9th day of November 2014 and, :_3 -tet o cn -' WHEREAS, a true copy of the will as probated is annexed her,&:to. 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 TESTAMENTARY to: PETER F KRIETE 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, PENNSYL VA NIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office on the 97th day of November 2014. egister of ills __ham De uty **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)