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HomeMy WebLinkAbout11-25-14 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: Steven S Fickes Decedent's Information 1 Name: Donald A Fickes File No: 21-14- a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: 11/10/2014 Age at Death: 89 Decedent was domiciled at death in Cumberland County, PA (State)with his/her last principal residence at 700 Third Street,New Cumberland 17070 New Cumberland Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at 700 Third Street,New Cumberland 17070 New Cumberland 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 $ If not domiciled in Pennsylvania................ Personal property in County $ Value of real estate in Pennsylvania................................................................... $ 120,000.00 TOTAL ESTIMATED VALUE $ 160,000.00 Real estate in Pennsylvania situated at 700 Third Street,New Cumberland 17070 New Cumberland Cumberland (Attach additional sheets,if necessary.) 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)that he/she/they is/are the Executor(s)named in the Last Will of the Decedent,dated 08/19/2010 and Codicil(s) thereto dated State relevant circumstances(e.g.,renunciation,death of executor,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. 0 NO EXCEPTIONS [] EXCEPTIONS ❑ B. Petition for Grant of Letters of Administration (If applicable) F' c.t.a.,d.b.n.,d.b.n.c.t.a.,pedente4te,durante absowwia.dUrant�TPor /nom C> If Administration,c.t.a ord.b.n.c.t.a.,enter date of Will in Section A above and complete list of heirs. :;0 _ C7 CTJ - Except as follows:Decedent was not a party to pending divorce proceedingwherein the grounds for divorce had beler-establgfied at defined in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adudicated an incapacitated person. _ r-- N ...i -- M NO EXCEPTIONS ❑ EXCEPTIONS 1-1- `n' � C rt Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse(ibany).3ndeirs(attach additional sheets,if necessary): —D -:.9 L7 W r` rri Name Relationship Address - rC,0 C) Form RW-02 rev.10-11-2011 Copyright(c)2011 form software only The Lackner Group,Inc. 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 Steven S Fickes 704 Third Street New Cumberland,PA 17070 ry C—) a C= M ' o c.rt r~r res The Petitioner(s)above-named swear(s)or affirm(s)the statements in the foregoing Petition are true and correct to the-bes-t"of the knowledgean Tr belief of Petitioner(s)and that,as Personal Representative(s)of the Qeredent,Petitioners well II and ttr�r-puily��administbr-the estate adb0ding(t'd I�'dv. Sworn to or Iffirmed an ubs�cprib�e�d before (� Date '�� me this-95#)day of 6 V� < �,[ Date By: Date hgist Date BOND Required? ❑ YES ❑X NO To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters.......................................... $ 260.00 Attorney Sign re: ( 12 )Short Certificate(s)......... 60.00 — ( )Renunciation(s).............. ( )Codicil(s)........................ ( )Affidavit(s)...................... Printed Na 'e: Marielle F.Hazen Esq. Bond............................................. Supreme Court Commission.................................. ID Number: 68003 Other 11�j N inventory 15.00 Firm Name: Hazen Elder Law Inheritance Tax Return 15.00 Address: 2000 Linglestown Road, Suite 202 Harrisburg,PA 17110 Phone: 717-540-4332 Automation Fee............................ 5.00 Fax: 717-540-4313 JCSFee....................................... 35.50 TOTAL......................................... $ ..49g-g— E-mail: info@hazenelderlaw.com DECREE OF THE REGISTER Date of Death: 11/10/2014 Social Security No: Estate of Donald A Fickes File No: 21-14-- /P 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 Steven S Fickes in the above estate and(if applicable)that the instrument(s)dated 08/19/2010 described in the Petition be admitted to probate and filed of record as th la Will(and Codicil(s))o ecedent. gis er of Wills Copyright(c)2011 form software only The[a kner Grou Page 2 of 2 LAST WILL AND TESTAMENT m n c r-- M cn ;^ OF " . -, CD J :�T r C:) =i 7 DONALD A. FICKES rn i F-- N ( Q M I, DONALD A. FICKES, now domiciled in Cumberland County, Pennsylvania, declare this to be my Last Will 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 my tangible personal property in accordance with any memorandum I have 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. To the extent no such memorandum is found, or all of my tangible personal property is not disposed of pursuant thereto, my tangible personal property shall be added to my residuary estate and pass under Articles IV and V hereof. Article IV If my spouse, ELIZABETH B. FICKES, survives me by one hundred seventy (170) days, I give, devise and bequeath to my spouse cash, securities or other property of my estate having a value equal to the amount, if any, that my spouse would be entitled to receive if she exercised her elective share rights as set forth in section 2201 et seq. of the Pennsylvania Probate, Estates and Fiduciaries Code (the "PEF Code"); provided, however, that this bequest shall be reduced to the extent my spouse has waived the right to elect under PEF Code section 2207 or forfeited the right to elect under PEF Code section 2208. In computing the amount of this bequest, it shall be assumed that my spouse has elected under PEF Code section 2204(c) to retain all beneficial interests in property that she would otherwise be required to disclaim if she exercised her elective share rights. Provided my spouse survives me for one hundred seventy (170) days and she has not waived or forfeited her elective share rights, it is my intention, that as a result of my death, she receive property having a value equal to (but not more than) that which she would receive if she were to exercise her elective share rights. My Executor shall have the sole discretion to select the assets which shall constitute this bequest. If my spouse does not survive me by one hundred seventy (170) days, or in the event my spouse (or her legal representative) disclaims any portion of this bequest, this bequest, or the disclaimed portion thereof, shall be distributed as part of my residuary estate. 2 This bequest shall be distributed, in trust, to my hereinafter-named Trustee to be held, administered and distributed as follows: A. To expend and apply so much of the net income and so much of the principal of the Trust as the Trustee shall consider advisable for the support, health, and care of ELIZABETH B. FICKES, for the remainder of her lifetime. B. In the event of ELIZABETH B. FICKES' death, the trust shall terminate, and the remaining principal and accumulated income of the trust shall be distributed in equal shares outright to my children, STEVEN S. FICKES and MICHAEL A. FICKES,per stirpes. C. No beneficiary or remainderman of this Trust shall have any right to alienate, encumber, or hypothecate his interest in the principal or income of the Trust in any manner, nor shall any interest be subject to claims of his creditors or liable to attachment, execution, or other processes of law. D. I hereby appoint my son, STEVEN S. FICKES, as Trustee of any Trust(s) created in this Will for the benefit of my spouse. In the event of the renunciation, death, or inability to act, for any reason whatsoever of STEVEN S. FICKES, I nominate, constitute and appoint my son, MICHAEL A. FICKES, successor Trustee, of any Trust(s) created in this Will for the benefit of my spouse. E. In order to carry out the purposes of the Trust established by this Will for the benefit of ELIZABETH B. FICKES, 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; 3 (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; (h) to employ any attorney, investment advisor, or other agent deemed necessary by my Executor; 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 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 V All the rest, residue and remainder of my estate, of whatsoever nature and wheresoever situate, I give, devise and bequeath as follows: A. If my spouse fails to survive my death by thirty (30) days, then I give, devise and bequeath the rest and residue of my estate in EQUAL SHARES to my children: STEVEN S. FICKES, of Cumberland County, Pennsylvania, per stirpes, and MICHAEL A. FICKES, of 4 Westminster, Maryland,per stirpes. If either of my children fails to survive me by thirty (30) days, but leaves descendants who survive me by thirty(30) days, those descendants shall receive, per stirpes, the share the child would have received had he or she survived me by thirty (30) days. The share of any deceased child who does not have living issue shall be distributed to my remaining child,per stirpes. B. If my spouse survives my death by thirty (30) days, then I give, devise and bequeath the rest and residue of my estate as follows: 1. The sum of FIFTY THOUSAND ($50,000.00) DOLLARS to a Third Party Special Needs Trust for the benefit of my spouse to be administered in accordance with the terms of Article VI hereof; and 2. The rest and residue in EQUAL SHARES to my children: STEVEN S. FICKES and MICHAEL A. FICKES, per stirpes. If either of my children fails to survive me by thirty (30) days, but leaves descendants who survive me by thirty (30) days, those descendants shall receive,per stupes, the share the child would have received had he or she survived me by thirty(30) days. The share of any deceased child who does not have living issue shall be distributed to my remaining child,per stirpes. Article VI The share of my estate that is set aside for ELIZABETH B. FICKES shall be held by my Trustee, STEVEN S. FICKES, or his successor(s), in trust for ELIZABETH B. FICKES' benefit in a Third-Party Special Needs Trust in accordance with the following provisions. I hereby nominate and appoint my son, STEVEN S. FICKES, as Trustee of the Third-Party Special Needs Trust under this my Last Will and Testament. If STEVEN S. FICKES is unable or unwilling to serve, I appoint my son, MICHAEL A. FICKES, as successor Trustee. 5 A. INTENT It is my intention by this trust to create a purely discretionary supplemental care fund for the benefit of ELIZABETH B. FICKES and not to displace financial assistance that may otherwise be available to her. Illustrative of the kinds of supplemental, non-support disbursements that would be appropriate for my Trustee to make from this trust for ELIZABETH B. FICKES include: sophisticated medical or dental or diagnostic work or treatment for which there are not funds otherwise available, including plastic surgery or other non-necessary medical procedures; private rehabilitative training; dental care; recreation and transportation; differentials in cost between housing and shelter for shared and private rooms in institutional settings; supplemental nursing care and similar care that assistance programs may not otherwise provide; telephone and television service; companions for travel, reading, driving and cultural experiences and payments to bring her children or grandchildren for visitation in the event my Trustee deems that appropriate and reasonable. B. It is important that ELIZABETH B. FICKES maintain a high level of human dignity and that her care be humane. If this trust were to be eroded by creditors, subjected to liens or encumbrances, or cause assistance benefits to be unavailable or terminated, it is likely that the trust corpus would be depleted prior to her death, especially if the cost of care for her would be high. In such event there would be no coverage for emergencies or supplementation to basic needs. The trust provisions contained in this instrument should be interpreted by my Trustee in light of these concerns and this intent. C. My Trustee shall pay or apply for the benefit of my wife for her lifetime such amounts from the principal or income, or both, of this trust up to the whole thereof, as the Trustee, in the Trustee's sole and absolute discretion, may from time to time deem necessary or 6 advisable for the satisfaction of ELIZABETH B. FICKES' special non-support needs, if any. Any income not distributed shall be added annually to principal. As used in this instrument, "special non-support needs" refers to the requisites for maintaining my wife's good health, safety and welfare when, in the discretion of the Trustee, such requisites are not being provided by any public agency, office or department of the state where she lives or of the United States, or are not otherwise being provided by other sources of income available to her. Special non-support needs shall include but shall not be limited to the list of suggested non-support items set out in this article. D. In the event that she is unable to maintain and support herself independently, the Trustee may, in the exercise of the Trustee's best judgment and fiduciary duty, seek support and maintenance for her from all available public and private sources. The Trustee shall take into consideration the applicable resources and limitations of any public assistance program for which she is eligible. In carrying out the provisions of this trust, my Trustee shall be mindful of the probable future needs of my wife, but not of the trust remainder beneficiaries. E. No part of the corpus of the trust created by this article shall be used to supplant or replace public assistance benefits of any county, state, federal or other governmental agency that has a legal responsibility to serve persons with disabilities that are the same or similar to those which ELIZABETH B. FICKES may be experiencing. For purposes of determining my wife's public assistance eligibility, no part of the principal or undistributed income of the trust shall be considered available to her. In the event that the Trustee is required to release principal or income of the trust to or on behalf of ELIZABETH B. FICKES to pay for benefits or services which such public assistance is otherwise authorized to provide were it not for the existence of this trust, or in the event the Trustee is requested to petition the court or any other administrative 7 agency for the release of trust principal or income for this purpose, the Trustee is authorized to deny such request. My Trustee is authorized, in the Trustee's discretion, to take whatever administrative or judicial steps may be necessary to continue the public assistance program eligibility of ELIZABETH B. FICKES, including obtaining instructions from a court of competent jurisdiction ruling that the trust corpus is not available to the beneficiary for such eligibility purposes. Further, my Trustee should cooperate with the beneficiary's conservator, guardian, or legal representative to seek support and maintenance for the beneficiary from all available resources, including but not limited to, the Supplemental Social Security Income Program (SSI); the Medicaid Program; and any additional, similar or successor programs; and from any private support sources. Any expense of the Trustee, including reasonable attorney fees, shall be a proper charge to the trust. F. SPENDTHRIFT PROVISIONS No interest in the principal or income of this trust shall be anticipated, assigned or encumbered.or shall be subject to any creditor or to any legal process prior to the actual receipt by the beneficiary. Furthermore, because this trust is to be conserved and maintained for the special non-support needs of ELIZABETH B. FICKES throughout her life, no part of the corpus hereof, neither principal nor undistributed income, shall be construed as part of ELIZABETH B. FICKES' estate or be subject to the claims of voluntary or involuntary creditors for the provision of care and services, including residential care by any public entity, office, department, or agency of any state or the United States or any governmental agency. Under no circumstances can the beneficiary compel a distribution. 8 G. BENEFICIARIES OF TRUST RESIDUE UPON DEATH OF DISABLED BENEFICIARY Unless sooner terminated, the trust created for ELIZABETH B. FICKES shall terminate upon her death. At that time all remaining trust assets shall be distributed in EQUAL SHARES to my children: STEVEN S. FICKES, of Cumberland County, Pennsylvania,per stirpes, and MICHAEL A. FICKES, of Westminster, Maryland,per stirpes. H. TRUSTEE'S POWERS Subject to the requirement that my Trustee be prudent, my Trustee shall have full power and authority to manage and control the trust estate and to sell, exchange, lease, rent, assign, transfer and otherwise dispose of any or part thereof upon such terms and conditions as my Trustee may, in my Trustee's discretion, deem proper. My Trustee may invest or reinvest all or any part of the trust estate in such common or preferred stocks, bonds, debentures, mortgages, deeds, deeds of trust, notes and other securities, investments of property, including common trust funds, which my Trustee, in my Trustee's absolute discretion, may select or determine. It is my express intention that the Trustee shall have full power to invest and reinvest the trust funds as I might do if living, without being restricted to forms of investments which Trustees may be otherwise permitted by law to make, and without any requirements as to diversification of investments. My Trustee may continue to hold in the form in which received, any securities or any property which I might own at the time of my death or which my Trustee may at any time acquire hereunder; and may invest any part of the trust funds in property located within or outside of the Commonwealth of Pennsylvania. My Trustee is further authorized to invest in life, annuity, accident, sickness, including disability, and medical insurance on behalf of and for the benefit of the trust beneficiaries. 9 My Trustee shall not be obligated to undertake litigation for collection of any benefits or assets payable by reason of my death including, but not limited to, such benefits under life insurance policies, employee benefit plans or other contracts, plans or arrangements providing for payment or transfer at death which are payable to my Trustee unless my Trustee is indemnified to my Trustee's satisfaction against any liability and the expense of such litigation. Payment to my Trustee and the receipt of or release by my Trustee shall fully discharge any payor, and no payor need inquire into or take notice of my Will to see to the application of such payment. My Trustee shall, in addition to the powers granted above, have all powers otherwise granted under the Pennsylvania Fiduciaries' Powers Act as amended after the date of my Will and after my death. My Trustee shall specifically have the powers to invest in non-income producing assets. I. UNSUPERVISED ADMINISTRATION The trust created by this Will may be administered by my Trustee free from the control of any court that may otherwise have jurisdiction over my estate. Article VII I nominate, constitute and appoint my son, STEVEN S. FICKES, as Executor of my Last Will and Testament. In the event of the renunciation, death, or inability to act, for any reason whatsoever of my Executor, I nominate, constitute and appoint my son, MICHAEL A. FICKES, successor Executor of my Last Will and Testament. I direct that my Executor or successor Executor be permitted to serve without bond. 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 10 qualified disclaimer I could have filed if living. My Executor or successor Executor shall receive reasonable compensation for services rendered to my estate. Article VIII In addition to the powers conferred by law, I authorize my Executor or successor Executor in his 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, (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 I 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 or successor 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, 11 (j) to disclaim, in whole or in part, any property or interest therein which passed to me or which was created for my benefit, for any reason in the discretion of my Executor or successor Executor, and (k) to receive reasonable compensation in accordance with their standard schedule of fees in effect while their services are performed. IN WITNESS WHEREOF, I, DONALD A. FICKES, hereby set my hand to this my Last Will and Testament, on /O , 2010, at Harrisburg, Pennsylvania. DONALD A. FICKES In our presence, the above-named DONALD A. FICKES signed this and declared this to be his Last Will and Testament and now at his request, in his presence, and in the presence of each other, we sign as witnesses. Name Address 6,jt4,*,,e �c�pe,�q 1jov AY-5Q 2000 Linglestown Rd., Suite 202, Harrisburg, PA 17110 00 �1P 2000 Linglestown Rd., Suite 202, Harrisburg, PA 17110 12 I, DONALD A. FICKES, Testator, 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 DONALD A. FICKES, the Testator on k-�ece y be, d-0 12010. izCA Notary Public DONALD A. FICKES COMMONWEALTH OF PENNSYLVANIA Notarial Seal Melissa M.Kain,Notary Public Susquehanna TWp.,Dauphin County My Commission Expires Aug.11,2014 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 Testator sign and execute this .instrument as his Will; that he signed and executed it willingly as his free and voluntary act for the purposes therein expressed; that each of us in his sight and hearing signed the Will as witnesses, and that to the best of our knowledge, that he was at that time eighteen (18) years or more of age, of sound mind, and under no constraint or undue influence. Sworn to or affirmed and Subscribed to before me r� by R;nP?e 2 W Daxkse- u� c7c1d!h and �xa� �CP_AL_N A Witness witnesses on �«�� ,ber 3D 52010. Witn 6 ���n• ! 1 c—1" Notary Public '6' COMMONWEALTH OF PENNSYLVANIA Notarial Seal Melissa M.Kain,Notary public Susquehanna TWp,,Dauphin county MY Commisslon Expires Aug,11,2014 13 REGISTER OF WILLS CERTIFICATE OF CUMBERLAND COUNTY GRANT OF LETTERS PENNSYLVANIA y Of C 1i No. 2014- 01126 PA No. 21- 14- 1126 �1 9 Estate Of: DONALD A FICKES C D Z (First,Middle,Last) � v Late Of: NEW CUMBERLAND BOROUGH CUMBERLAND COUNTY ruu Deceased 1750 Social Security No: WHEREAS, on the 24th day of November 2014 an instrument dated December 20th 2010 was admitted to probate as the last will of DONALD A FICKES (First,Middle,Last) late of NEW CUMBERLAND BOROUGH, CUMBERLAND County, who died on the 10th day of November 2014 and WHEREAS, a true copy of the will as probated is annexed hereto. THEREFORE, I, LISA M. GRA YSON, 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: STEVEN S FICKES 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 24th day of November 2014. LL- cry 411, CD cry cY� C / egis i s J Cv* ty E-- ts_ t.t_ (� C a C 9 / / ct) De LJ Lu t I7 ra h CV -j Q CC C" B.. C t� V U-J CD rE t.Lt c1—t **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)