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HomeMy WebLinkAbout02-26-15 PETITION FOR PROBATE AND GRANT OF LETTERS Register of Wills of Cumberland County, Pennsylvania Petitioners, named below, who are 18 years of age or older, apply for Letters as specified below, and in support thereof, aver the following and respectfully request the grant of Letters in the appropriate form:: DECEDENT'S INFORMATION Estate of Herbert H. Walters File No. c'2 a/k/a Herbert Hiram Walters Deceased Social Security No. Date of Death: February 3, 2015 Age at Death: 88 Decedent was domiciled at death in CUMBERLAND County, Pennsylvania,with his last family or principal residence at 3506 Trindle Road, Camp Hill, Hampden Township, Cumberland County, PA 17011 (List street,address,town/city,county,state,zip code) Decedent died at 3506 Trindle Road,Camp Hill, 17011 Hampden Township Cumberland County, PA List street,address,Post Office and zip code City,township or Borough County,State Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ 650,000.00 (If not domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $ 185.625.00 TOTAL $ w 2i G-V Real Estate situated as follows: 3506 Trindle Road,Camp Hill, 17011 Hampden Township Cumberland County, PA (attache additional sheets ifnecessary) Street address,Post Office and Zip Code City,Township or Borough County,State A. Petition for Probate and Grant of Letters Testamentary Petitioners aver they are the Co-Executors named in the Last Will of the Decedent, dated July 16, 2010 State relevant circumstances,e.g.renunciation,death of Executor,etc. Except as follows, After the execution of the instrument offered for probate, Decedent did not marry,was not divorced, and was not a party to a pending divorce proceeding at the time of death wherein grounds for divorce has been established as defined in 23 Pa.C.S.A. § 3323(g) and did not have a child born or adopted and the Decedent was neither the victim of a killing and was never adjudicated an incapacitated person NO EXCEPTIONS ❑ EXCEPTIONS r V C� 70 ryl ❑ B. Petition for Grant of Letters of Administration(if applicable) o _ r ra i) . enter:c.t.a.;d.b.n.c.t.a.;pendent elite;durantela4ntia;duF�Ptte minorifale r"t �} t� C"� :.X) 7 r.. fv -..1 C7 If Administration, c1a. or d.b.n.c.t.a., r a rrl Except as follows: Decedent was not a party to a pending divorce proceeding at the time of death;wherei"rounds f'pr divorce has been established as defined in 23 Pa.C.S.A. § 3323(g) and was neither a victim ofa;01116,g afMwas,n'ever adjudicated an incapacitated person `K' ❑ NO EXCEPTIONS ❑ EXCEPTIONS Petitioner, after a proper search, has ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs (attached additional sheets, if necessary) Name Relationship Residence OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA Official Use Only COUNTY OF CUMBERLAND Petitioner's Printed Name Petitioner's Printed Address JEFFREY A.WALTERS 38 Impala Drive Dillsburg, PA 17019 STEVEN C.WALTERS 5 St. Andrews Drive u r rj Fleetwood, PA 17349 ro CD U7 7� The Petitioners above-named swear or affirm that the statements in the foregoing Petition are FrueTarr;V cor�t to-thi-best of the knowledge and belief of Petitioners and that, as personal representatives of the Decedegi, 6etitibneruwill wel1:and truly administer the estate according to law. - �" c) - Sworn to and affirmed and subscribed ' Z 4- LO1 J F WA RS r n Before rr-this. ;D _ day of !„r 7 STEVEN C.WALTERS 2015. of thl,4e�isfer BOND Required ❑ YES Q NO FEES: To The Register of Wills Letters........................... $ 610.00 Please enter my appearance by my signature below: { 5}Short Certificate(s)$ 25.00 { } Renunciation..............$ Attorney Signature: { }Codicil(s) $ { }Affidavit(s).................. $ ehz,il 4 h. ivyej Bond $ 7� Commission $ Other $ Printed Name: EDMUND G. MYERS Will $ 15.00 Supreme Court Inheritance Tax $ 15.00 1.D. No: 20558 Inventory $ 15.00 Firm Name: Johnson, Duffie, Stewart& Weidner, $ Address: 301 Market Street, P.O. Box $ Automation $ 5.00 Lemoyne, PA 17043Phone: 717-761-4540 JCS Fee....................... $ 35.50 TOTAL......... $ 720.50 Fax: 717-761-3015 Email: e m 'dsw.com DECREE TO THE REGISTER Estate of HERBERT H.WALTERS A/K/A HERBERT HIRAM WALTERS Deceased. File No. r�I Social Security No: 209-12-7295 Date of Death: February 3, 2015 AND NOW, 2015, in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT ( DECREED that Letters Testamentary are hereby granted to JEFFREY A. WALTERS AND STEVEN C.WALTERS in the above estate and that the instrument dated July 16, 2010 described in the Petition be admitted to probate and filed of record as the Last Will of the Decedent. dA�_o C0 egister of Wills n Q�WA46'wr Last Will and Testament OF HERBERT H.WALTERS I, HERBERT H. WALTERS, of Hampden Township, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby make, publish and declare this as and for my Last Will and Testament, hereby revoking and making void any and all Wills or Codicils at any time heretofore made by me. ARTICLE I DEBTS I direct the payment of all my legal debts and the expenses of my last illness and funeral from my Estate as soon after my death as conveniently may be done. ARTICLE II TANGIBLE PERSONAL PROPERTY I give and bequeath my motor vehicle(s), household and personal effects and other tangible personalty of like nature (not including cash or securities), together with any existing insurance thereon, unto those of my sons, JEFFREY A. WALTERS and STEVEN C. WALTERS, who survive me,to be divided between them in as nearly equal shares as practicable. c� {r{ LV rt -Tj } 3 N f"' Pi ARTICLE III REST,RESIDUE AND REMAINDER I give, devise and bequeath all the rest, residue and remainder of my estate, of whatever nature and wherever situate, as follows: A. One-half(1/2)thereof as follows: 1. I give and bequeath the sum of FIFTY THOUSAND ($50,000.00) DOLLARS unto my granddaughter, COURTNEY M. WALTERS, if she has achieved the age of twenty-eight (28) at the time for distribution; otherwise, I give, devise and bequeath such sum unto my Trustee, hereafter named, to hold IN TRUST, in accordance with Article IV hereafter; 2. 1 give and bequeath the sum of FIFTY THOUSAND ($50,000.00) DOLLARS unto my granddaughter, CHELSEA E. WALTERS, if she has achieved the age of twenty-eight (28) at the time for distribution; otherwise, I give, devise and bequeath such sum unto my Trustee, hereafter named, to hold IN TRUST, in accordance with Article IV hereafter; and 3. The balance of this one-half (1/2) of the residue of my Estate, I give, devise and bequeath unto my son, STEVEN C. WALTERS. If my son, STEVEN C. WALTERS, predeceases me, I give, devise and bequeath his share unto his then- living issue,per stirpes; and B. One-half (1/2) thereof unto my son, JEFFREY A. WALTERS. If my son, JEFFREY A. WALTERS, predeceases me, I give, devise and bequeath his share unto his wife, LAURA J. ALBRIGHT WALTERS, provided she survives me. If she also predeceases me, I give, devise and bequeath this share of the residue of my Estate 2 unto my son, STEVEN C. WALTERS, or his then-living issue, per stirpes; should he also predecease me. ✓ ARTICLE IV TRUST(S)FOR THE BENEFIT OF MY GRANDDAUGHTERS, COURTNEY M. WALTERS,AND CHELSEA E.WALTERS In the event that COURTNEY M. WALTERS and/or CHELSEA E. WALTERS, has not attained the age of twenty-eight (28) years at the time for distribution of her share, I give and bequeath such beneficiary's share unto my Trustee,hereafter named, IN SEPARATE 'FRUST, to hold, manage, invest and reinvest the same and the accumulation of income thereon, and to use and apply only so much of the income and principal as Trustee, in his sole discretion, after, considering all other resources available to the beneficiary, deems appropriate for the beneficiary's care, support, maintenance and education (including college education, both graduate and undergraduate). When such beneficiary reaches the age of twenty-five (25), I direct Trustee to distribute unto her absolutely one-half(1/2) of the then-remaining principal and net accumulated income, and the balance of the trust estate when such beneficiary achieves the age of twenty-eight(28). If, at the time of funding of a beneficiary's Trust described above, the beneficiary has already achieved the age of twenty-five (25) at which a principal distribution is scheduled to be made, Trustee shall distribute that portion of the principal and net accumulated income unto such beneficiary immediately. If a beneficiary dies before. receiving her final distribution, the Trustee shall distribute the same unto such beneficiary's then-living issue,per stirpes. I direct that the interest of the beneficiaries of any Trust created. hereunder shall not be subject to anticipation or to voluntary or involuntary alienation. 3 ARTICLE V DISTRIBUTION TO BENEFICIARIES UNDER THE AGE OF 25/INCAPACITATED PERSONS Whenever my Personal Representative is directed to distribute property to or for the benefit of any beneficiary (other than my granddaughters, COURTNEY M. WALTERS and CHELSEA E. WALTERS, for whom I have separate provisions) who is under(a)twenty-five 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 my Personal Representative's sole discretion exercised in good faith),my Personal Representative 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 my Personal Representative (including my Personal Representative), under any applicable Uniform Transfers to Minors Act — or Uniform Gifts to Minors Act, or may distribute such property directly to such beneficiary without liability on the part of my Personal Representative 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. ARTICLE VI POWERS OF FIDUCIARIES My fiduciaries shall have the following powers in addition to those vested by law and by other provisions of my Will applicable to all property, whether principal or income, including property held for minors, exercisable without court approval and effective until actual distribution of all property: A. To make distribution in cash or in kind, or partly in cash and partly in kind, and in such manner as my fiduciaries deem appropriate. 4 B. To retain any or all of the assets of my estate, real or personal,without restriction to investments authorized for Pennsylvania fiduciaries, as my fiduciaries deem proper, without regard to any principle of diversification or risk. C. To invest in all forms of property without restriction to investments authorized for Pennsylvania fiduciaries, as my fiduciaries deem proper, without regard to any principle of diversification or risk. D. To sell at public or private sale, to exchange, or to lease for any period of time any real or personal property and to give options for sales, exchanges or leases,for such prices and upon such terms or conditions as deemed proper. E. To allocate receipts and expenses to principal or income or partly to each as from time to time considered appropriate. F. To compromise any claim or controversy. G. To make such elections, decisions, concessions and settlements in connection with all income, estate, inheritance, gift, generation skipping or other tax refunds and the payment of such taxes as my fiduciaries shall deem appropriate, without obligation to adjust the distributive share of any person thereby affected. H. To combine, without prior court approval, any Trust contained in my Will with any other Trust with substantially similar provisions,although such Trust may have been created by separate instrument. 5 ARTICLE VII TAXES I direct that all estate, inheritance,transfer and other taxes of similar nature payable by reason of my death,together with any interest or penalties thereon, and imposed with respect to any property,whether or not disposed of by this Will, shall be paid out of the residue of my Estate and shall be considered a part of the expense of the administration of my Estate. I further direct that my Personal Representative shall have the absolute power in his or its discretion to pay the same at once whether or not the law under which they are imposed permits the postponement of all or part to a later date. ARTICLE VIII TRUSTEES I name, constitute and appoint my son, STEVEN C. WALTERS, Trustee of the Trusts under Article IV, and if he should fail to qualify or cease to so act, I name, constitute and appoint my son, JEFFREY A. WALTERS, successor Trustee. ARTICLE IX APPOINTMENT OF PERSONAL REPRESENTATIVE I name, constitute and appoint my sons, JEFFREY A. WALTERS and STEVEN C. WALTERS, Co-Executors of this, my Last Will and Testament. Should either fail to qualify or cease to so act, I direct that the other shall complete the administration of my Estate. 6 ARTICLE X BOND I direct that no fiduciary appointed herein shall be required to post bond for the faithful administration of the duties required in any jurisdiction. IN WITNESS WHEREOF,I have hereunto set my hand and seal to this,my Last Will and Testament,this 1(v7k day of 2010. (SEAL) HERBERT H.WALTERS Signed, sealed, published and declared by the above-named Testator, as and for his Last Will and Testament, in the presence of us,who at his request,in his presence and in the presence of each other,have hereunto subscribed our.names as witnesses. 7 AFFIDAVIT AND ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA . ss. COUNTY OF CUMBERLAND We, HERBERT H. WALTERS, j�' �� SNOy E and the Testator 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 signed and executed the instrument as his Last Will and that he had signed willingly and that he 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, signed the Will as witness and that to the best of his/her knowledge the Testator was at that time eighteen years of age or older,of sound mind and under no constraint or undue influence. HERBERT H. WAL ERS rtness Witness Subscribed, sworn to and acknowledged before me by HERBERT H. WALTERS, Testator, and subscribed and sworn to before me by ��/Ll��ETs� Sill�►r/ /� and )I)I u A1�) 121 yo/lS , witnesses, this day of , 2010. (/ 0 Notary Publ' :406130v2 COMM0 TH OF PENNSYLVANIA NOTARIAL SEAL Margaret E.Ru$Notary Public Lemoyne Boro,Cumberland County M commission ex fires May.30,2011 8