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HomeMy WebLinkAbout01-30-15 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: ALFRED MASKREY File No: 21-15- 01 1'�)— a/k/a: ALFRED E. MASKREY III (Assigned by Register) a/k/a: ALFRED E. MASKREY a/k/a: Social Security No: Date of Death: 1/18/2015 Age at death: 81 Decedent was domiciled at death in CUMBERLAND County, PENNSYLVANIA (State) with his/her last principal residence at 333 CAVALRY RD 17013 N. MIDDLETON TWP CUMBERLAND Street address,Post Office and Zip Code City,Township or Borough County Decedent died at 333 CAVALRY RD 17013 N. MIDDLETON TWP CUMBERLAND PA Street address,Post Office and Zip Code City,Township or Borough County State Estimate of value of decedent's property at death: Ifdomiciled in Pennsylvania................................All personal property $ 160,000.00 If not domiciled in Pennsylvania.............................Personal property in Pennsylvania $ Ifnot domiciled in Pennsylvania.............................Personal property in County $ Value ofreal estate in Pennsylvania.............................................................. $ 162,000.00 TOTAL ESTIMATED VALUE.... $ 322,000.00 Real estate in Pennsylvania situated at: 333 CAVALRY RD 17013 N. MIDDLETONTWP CUMBERLAND (Attach additional sheets,ifnecessary.) Street address,Post Office and Zip Code City,Township or Bo gh cin ✓�Cowity . O f TI M A. Petition for Probate and Grant of Letters Testamentary rrl _ 7) Petitioner(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated 1/ /201 S� P and-Co�+�il(s) thereto dated NONE O r — State relevant circumstances(e.g.renunciation,death ofexecutor,etc.) i Except as follows:after the execution of the instrument(s)offered for probate Decedent did not marry,was not divorced,was not a pkrt�to a p pdvfrjg divorce proceeding wherein the rounds for divorce had been established as defined in 23 Pa.C.S. 3323 �dtorn Qr- rd p g g § (g),and did-1161 a chi adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. C n C0 -r- TI M NO EXCEPTIONS ❑EXCEPTIONS ❑ B. Petition for Grant of Letters of Administration(ifapplicable) c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente lite,durante absentia,durante minoritate If Administration,ata. or d b.n.c.t.m,enter date of Will in Section A above and comulete 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): 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 CUMBERLAND } Petitioner(s)Printed Name Petitioner(s)Printed Address 293 BONNYBROOK RD ERIC MICHAEL MASKREY CARLISLE PA 17015 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 1 .�//U( �/t-� Date / 3o 15 me this� day o Date vU aY Date For the Register Date rn BOND Required: ❑ YES M NO To the Register of Wills: a c `=-- +) G a FEES: Please enter my appearance b,y m sig re bels C�� Letters... .. . . . . . . . . . . .... . .. . $ © Attorney Signature, ;raj ( 5 )Short Certificates(s) . . . . . . �� c ? ( )Renunciation(s).. .. . . . . . . ( )Codicil(s) ... ... .. . . . . . . (D —r ( )Affidavit(s). . . . . ... . . .. . rte' r— Crt Bond Printed Name: MURREL R.WALTERS, III c� CSupreme Court ommissi .n . .. ..... .. . . ... . ... . �rt Other , , . ID Number: 24849 kNoInTIA11W . 's . . Firm Name: WALTERS&GALLOWAY, PLLC Address: 54 E. MAIN ST . . . . . . .. . MECHANICSBURG PA 17055 •• • • . . . . . Phone: 717-697-4700 •• • • • • • . . Fax: 717-697-9395 Automation Fee .. . .. . . ... . . . . . . . Email: murrel@waltersgalloway.com 36, JCS Fee . . . ...... .. . . . .. . . . . .. . TOTAL . . . ... ... .. . . . ... . ... .$ W70.0 DECREE OF THE REGISTER Estate of ALFRED MASKREY File No: 21-15- ou�- a/k/a: ALFRED E. MASKREY III a/k/a: ALFRED E. MASKREY AND NOW, 'w �� , inconsideration of the foregoing Petition, satisfactory proof havw been present before me,IT IS DECREED that Letters TESTAMENTARY are hereby granted to ERIC MICHAEL MASKREY in the above estate and(if applicable)that the instrument(s)dated 01/01/2015 described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s))of Decedent. (*egister of Wi s CUM ERLAN Form RW-02 rev.10/11/2011 =P'2of 2 RECORnLEU CIFFCE OF REcIti T E�,"), G7 HILL s ?011S J11111N 30 9191 11 "'S LAff WILL AM TEST fE9VT CHI— i OT ORPHAP ` . CUP = AgirdWaskrey DECLARATION I, Alfred Maskrey, a resident of the commonwealth of Pennsylvania and county of Cumberland; and being of sound mind and memory, do hereby make, publish, and declare this to be my last will and testament, thereby revoking and making null and void any and all other last will and testaments and/or codicils to last will and testaments heretofore made by me. All references herein to "this Will" refer only to this last will and testament. FAMILY At the time of executing this Will, I am unmarried. The names of my children are listed below. Unless otherwise specifically indicated in this Will, any provision for my children includes the below-named children, as well as any child of mine hereafter born or. adopted. Eric Michael Maskrey Kristen Elizabeth Eskelson Alfred Ernest Maskrey,Jr. DEBT I direct that as soon as is practical after my death, the executor named pursuant to this Will review all of my just debts and obligations, including last illness and funeral expenses, except for those secured long-term debts that may be assumed by the beneficiary of such property, unless such assumption is prohibited by law or on agreement by the beneficiary. The executor is further directed to pay any attorneys' fees and any other estate administration expenses. The executor shall pay these just debts only after a creditor provides timely and sufficient evidence to support its claim and in accordance with applicable state law. Page 1 of my Last Will and Testament (initial) DOC#510158262 I direct thatany estate, inheritance, and succession taxes;including any interest and penalties thereon, imposed by the federal government or.any state, district, or territory, attributable to assets includible in my estate, passing either under or outside of this Will, be apportioned among the persons interested in my estate in accordance with applicable state and federal law. My executor is authorized and directed to seek reimbursement from the beneficiaries of my estate of any taxes paid by my executor to the extent allowed by law. If my executor cannot collect from any person interested in the estate the amount of tax apportioned to that person, the amount not recoverable will be equitably apportioned among the other persons interested in the estate who are subject to apportionment. If a person is charged with or required to pay tax in an amount greater than his or her prorated amount because another person does not pay his or her prorated amount, the person charged with or required to pay the greater amount has a right of reimbursement against the other person. I further direct that if any beneficiary named in this Will is indebted to me at the time of my death, and evidence of such indebtedness is provided or made available to my executor, that share of my estate that I give to any and each such beneficiary be reduced in value by an amount equal to the proven indebtedness of such beneficiary unless: (1) 1 have specifically provided in this Will for the forbearance of such debt, or (ii) such beneficiary is the sole principal beneficiary. PRIMARY REMAINDER BENEFICIARIES I divide all of the residue and remainder of my gross estate, real and personal,wherever situated, into as many equal shares as there are living children of mine and deceased children of mine with issue then living. Each living child shall be given one share. Any share of my estate allocated to a deceased child with issue then living shall be further divided into shares for said issue, per stirpes. Unless otherwise indicated in my Will, the shares allocated to my children and the issue of my deceased children will be distributed to these beneficiaries,outright and free of trust. The terms "issue," "child," "children," include a person who has a parent-child relationship, as defined under applicable state law,with the person through whom this person claims benefits under. my Will. These terms do include persons who are adults at the time of adoption. Page 2 of my Last Will and Testament A(initial) DISTRIBUTION IF NO LIVING BENEFICIARIES If at any time before full distribution of my estate all of my beneficiaries are deceased and this instrument directs no other disposition of the property, the remaining portion of my estate will then be distributed to my heirs determined according to the laws of intestate succession, unless specifically disinherited elsewhere in this Will. EXECUTOR NOMINATION I nominate my son, Eric Michael Maskrey, to be the executor of this Will. If, for any reason, my first nominee executor is unable or unwilling to serve or to continue to serve as executor of this Will,I nominate my son, Alfred Ernest Maskrey,Jr., to be the successor executor. I If, for anyreason, the nominees designated above are unable or unwilling to serve or to continue to serve as executor of this Will, I nominate my daughter, Kristen Elizabeth Eskelson, to be the successor. executor. If none of the nominated executors are able,willing, and authorized to serve or to continue to serve, and the vacancy is not filled as set forth above, the majority of estate beneficiaries shall nominate a successor. executor. If the majority of estate beneficiaries are unable to nominate a successor executor, the vacancy will be filled pursuant to a petition,filed by the resigning executor or any person interested in the estate in a court of competent jurisdiction. MISCELLANEOUS EXECUTOR PROVISIONS The term"executor" includes any executrix, personal representative,or administrator, if those terms are used in the statutes of any state that has jurisdiction overall or any portion of my estate. My executor will have broad and reasonable discretion in the administration of my estate to exercise all of the powers permitted to be exercised by an executor under state law, including the power to sell estate assets with or without notice, at either public or private sale, and to do everything he or she deems advisable and in the best interest of my estate and the beneficiaries thereof, all without the necessity of court approval or supervision. I direct that my executor perform all acts and exercise all such rights and privileges, although Page 3 of my Last Will and Testa-mentAw( itial) not specifically mentioned in this Will, with relation to any such property, as if the absolute owner thereof and, in connection therewith, to make,execute, and deliver any instruments, and to enter into any covenants or agreements binding my estate or any portion thereof. If there are two co-executors serving,they shall act by unanimous .agreement. If there are more than two co-executors serving, they shall act in accordance with the decision made by the majority of co-executors. Subject to specific provisions to the contrary, I authorize my executor to distribute a share of my estate given to a minor beneficiary, up to the whole thereof, to a custodian under the applicable Transfers to Minors Act or Gifts to Minors Act, if in the executor's discretion, it is in the best interests of the beneficiary. The executor may also make distributions to a minor by making distributions to the trustee of a trust created under this Will for a minor beneficiary, the guardian of the minor's person, or the guardian of the minor's estate. No person named as an executor is required to post any bond. I authorize my executor to make the following choices or elections in my executor's absolute discretion, regardless of the resulting effect on any other provisions of this Will or on any person interested in my estate or in the amount of any of the taxes referred to: (a) choose a valuation date for estate or inheritance tax purposes or choose the methods to pay estate or inheritance taxes; (b) elect to treat or use an item,for either federal or state tax purposes, as either an income tax deduction or as a deduction for estate or inheritance tax purposes; (c) determine when a particular item is to be treated as taken into income or used as a tax deduction, to the extent the law provides that choice; and (d) disclaim all or any portion of any interest in property passing to my estate at or after my death, even though any of these actions may subject my estate to additional tax liabilities. No person adversely affected by my executor's exercise of discretion under this clause is entitled to any reimbursement or adjustment, and my executor is not required to make any adjustment between income and principal or in the amount of any property passing under this Will as a result of any election under this provision. I authorize my executor, without obtaining court approval, to employ professional investment counsel on such terms as my executor considers proper, and to pay the fees of investment counsel as an expense of administration of my estate. However, my executor is under no obligation to employ any investment counsel. Page 4 of my Last Will and Testament 5initial) I authorize my executor either to continue the operation of any business belonging to my estate for such time and in such manner as my executor may consider advisable and in the best interest of my estate, or to sell or liquidate the business at such time and on such terms as my executor may consider advisable and in the best interest of my estate. Any such good faith operation, sale, or liquidation by my executor will be at the risk of my estate and without liability on the part of my executor for any losses that may result. SIMULTANEOUS DEATH If it cannot be established if a beneficiary of my estate survived me, the provisions of the applicable Uniform Simultaneous Death Act, as amended, or any substantially similar successor act effective on the date of my death, will apply. NONLIABILITY OF FIDUCIARIES Any fiduciary, including rnV executor and any trustee,who in good faith endeavors to carry out the provisions of this Will,will not be liable to me, my estate, my heirs, or my beneficiaries for any damages or claims arising because of their actions or inaction, or the actions of any predecessor fiduciary acting pursuant to this Will. My estate will indemnify and hold them harmless. SAVINGS CLAUSE If a court of competent jurisdiction at any time invalidates or finds unenforceable any provision of this Will, such invalidation will not invalidate the whole of this Will. All of the remaining provisions will be undisturbed as to their legal force and effect. If a court finds that an invalidated or unenforceable provision would become valid if it were limited, then such provision will be deemed to be written, deemed,construed, and enforced as so limited. Page 5 of my Last Will and Testamen (initial) IN WITNESS WHEREOF, I, the undersigned testator, declare that I sign and execute this instrument on the date written below as my last will and testament and further declare that I sign it willingly, that I execute it as my free and voluntary act for the purposes expressed in this document, and that I am eighteen years of age or older, of sound mind and memory, and under no constraint or undue influence. (Signa re of Alfred Maskrey) Date: Page 6 of my Last Will and Testament initial} ATTESTATION This last will and testament,which has been separately signed by Alfred Maskrey, the testator,was on the date indicated below signed and declared by the above named testator as his or her last will and testament in the presence of each of us. We, in the presence of the testator and each other,at the testator's request, under penalty of perjury, hereby subscribe our names as witnesses to the declaration and execution of the last will and testament by the testator, and we declare that, to the best of our knowledge, said testator is eighteen years of age or older, of sound mind and memory and under no constraint or undue influence. 10%,'a—,�—rfwitness) (Print Name} Date:1/111 T Q1�� (Address) C,,-,\',L Sr,)\A-A (City,State,ZIP) 2. 1 (Signature of witness) (Print Name) Date: ( 00z- (Address) VNA burr a 1 `70Sk- (City,State,ZIP) Page 7 of my Last Will and T estamen&<— (initial) SELF-PROVING AFFIDAVIT Acknowledgment Commonwealth of Pennsylvania County of 5 1 b-pd iuj 1,Alfred Maskrey,the testator 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 Alfred Maskrey, the testator, this /5tday of '20 Signa re of Alfred Maskrey _CQ�MMONWEAL_TH OF PENNSY1 V NIA ot Notarial Seat Flora M. Vogt, Notary Public 7 01 North Notarial Twp.,Cumberland County Signature of Notary Public MY Commission Expires May 21, 2017 1-4W,ASSOCIATION OF NOTARIES (Seal) Affidavit Commonwe#h of Pennsylvania County of-(X41M tbi4 lavd WeRruce1q. Oherd, c.K and 7296e,mn 0 be,j K , 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 testator sign and execute the instrument as the testator's Last Will;that the testator signed willingly and executed it as the testator's 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 our knowledge the testator was at that time 18 or more years of age,of sound mind and under no constraint or undue influence. Sworn to or affirmed and subscribed to before me by grcAce 14. Oberdic'V and 6 b e-d'C X (witnesses), this /—\--;Fda,y of j2,mAA QA�xd 20 &Signature Signature of Witness Signature of Notary Public COMMONWEALTH OF PENNSYLVANIA (Seal) Notarial Seal Flora M. Vogt, Notary Public North Middleton Twp,,Cumberland County My Comni;,1102 Expires play 21, 2017 N, MEMBER,PEN ASSOCIATION OF NOTARIES REGISTER OF WILLS CERTIFICATE OF CUMBERLAND COUNTY GRANT OF LETTERS PENNSYLVANIA � of CU M eF _ .., - No. 2015 001 12 PA No. 21- 15- 0112 0 J 9 Estate Of: ALFRED MASKREY C Z (First,Middle,Last) � v alk/a: ALFRED E MASKREY/// ALFRED E MASKREY Late Of: NORTH MIDDLETON TOWNSHIP CUMBERLAND COUNTY Deceased 1750 Social Security No: WHEREAS, on the 30th day of January 2015 an instrument dated..,, January 1st 2015 was admitted to probate as the last wil�pof ALFRED MASKREY (First,Middle,Last) a/k/a ALFRED E MASKREY 111 ALFRED E MASKREY j___ % "1 C=) ` late of NORTH MIDDLETON TOWNSHIP, CUMBERLAND County, :3 who died on the 18th day of January 2015 and, WHEREAS, a true copy of the will as probated is annexed`here�,Gj- rri� 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: ERIC MICHAEL MASKREY 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 30th day of January 2015. �&a h-&uwrq egister of Wills De9"11 **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)