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HomeMy WebLinkAbout03-03-15 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 spedfed below, and in support thereof aver(s) the following and respectfully requests the grant of Letters in the appropriate form: Nancy A. Besch Decedent's Information Name: Earl D.Besch File No: 21 -15 a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: 02/01/2015 Age at Death: 88 Decedent was domiciled at death in Cumberland County, PA (State)with his/her last principal residence at 209 Willow Avenue,Camp Hill 17011 Camp Hill Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at Harrisburg Hospital,111 South Front Street 17101 Harrisburg Dauphin 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 $ 5,000.00 If not domiciled in Pennsylvania................. Personal property in Pennsylvania $ If not domiciled in Pennsylvania................. Personal property in County $ Value of real estate in Pennsylvania........... $ TOTAL ESTIMATED VALUE $ 5,000.00 Real estate in Pennsylvania situated at (Attach additional sheets,if necessary.) Street address,Post Office and Zip Code City,Township or Borough County ❑X 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 03/08/2013 and Codicil(s) thereto dated w C7 dr—rn {— (State relevant circumstances,e.g.,renunciation,death of executor,etc.) G:,: c� p-1-1 Except as follows:after the execution of the instrument(s)offered for probate,Decedent did not marry,was not divorced,was not a party iQ— pending= In divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S.§3323(g),and did not have a chid b6( or adopted and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. !•-� 3 . ❑ X NO EXCEPTIONS❑ EXCEPTIONS ❑ B. Petition for Grant of Letters of Administration (If applicable) nG°a c,� c.t.a.;d.b.n.;d.b.n.c.t.a.;pedentelite,-durantea �entia;�ante minonta e rJ _ty If Administration,c.t.a or d.b.n.c.t.a.,enter date of Will in Section A above and complete list of heirs. "D Q Except as follows:Decedent was not a party to pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S.§3323(g)and was neiher the victim of a killing nor ever adjudicated an incapacitated person. h> ?; CO ❑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 Copyright(c)2011 form software only The Lackner Group,Inc. Page 1 of 2 } SS: I I COUNTY OF Cumberland } Petitioner(s)Printed Name Petitioner(s)Printed Address Nancy A.Besch 209 Willow Avenue Camp Hill,PA 17011 The Petitioner(s)above-named swear(s)or affirm(s)the statements in the foregoingPetition are true and correct to the best of the knowledge and belief of Petitioner(s)and that,as Personal Representative(s)of the Decedent,Petloner(s)will well and truly administer the estate according to law. Sworn to or affirmed and subscribed before me this day of h ��5 Date By: 1 D 1(.l Ui QJ� tL VY'� Date For the Register Date BOND Required? E] Yes NO No To the Register of Wills: FEES Please enter my appearance by my signature below: Letters............................................ $ 30.00 Attorney Signal re: ( 3 )Short Certificate(s).......... 15.00 ( )Renunciation(s)............... ( )Codicil(s)......................... ( )Affidavit(s)....................... Printed Name: Richard E Connell Esq Bond.............................................. Supreme Court Commission................................... ID Number: 21542 Other W 11 t5 ry Inheritance Tax Return 15.00 Firm Name: Ball,Murren&Connell �:o Address: 2303 Market Street � o r''� _1 _ �-, M Q Camp Hill,PA 17011 - cj Phone: 717/232-8731 Automation Fee............................. 5.00 Fax: 7171232-2142 JCS Fee......................................... 35.50 E-mail: connell@bmc-law.net i n TOTAL........................................... $ �jp 100-59 �� .. DECREE OF THE REGISTER Date of Death: 02/01/2015 Social Security No: Estate of Earl D.Besch File No: 21 -15 —oa3a a/k/a: AND NOW, in in consideration of the foregoing Petition, satisfactory proof having been presented before me,IT IS DECREED that Letters Testamentary are hereby granted to Nancy A.Besch in the above estate and(if applicable)that the instrument(s)dated 03/08/2013 described in the Petition be admitted to probate and filed of record the last Will(an C dicil(s))of Decedent. a - ster of Wills 7 1 � copyright(c)2011 form software only The Lackner Grop,Inc. Page 2 of 2 rV h l LAST WILL AND TESTAMENT C= o OF EARL D. BESCH q r rn KNOW ALL MEN BY THESE PRESENTS,that 1, EARL D. BESCH,presently re01ing' 71 in Cumberland County, Pennsylvania, do hereby make, declare and publish this as my Last Will and Testament,hereby revoking all former Wills and Codicils heretofore made by me. PAYMENT OF EXPENSES I. Payment of Expenses. 1 direct that my Executrix, hereinafter named shall have the power, but not the duty, to pay all my just debts, expenses of my last illness, and funeral expenses from my estate as soon after my death as shall be found convenient. GIFTS II. Personal and Household Effects. I bequeath my automobiles, household and personal effects and other tangible property of like nature (not in cash or securities) together with any existing insurance thereon, to my wife, NANCY A. BESCH, if she survives me by thirty days. Should my wife, NANCY A. BESCH, not be living on the thirty-first day after my death, I bequeath such tangible personalty and insurance thereon to my children living on the thirty-first day after my death, to be divided among them by my Co-Executors, with due regard for their personal preferences, in as nearly equal shares as practical. Should any child of mine .not be.living on the thirty--first day after my death, leaving issue to survive him/her, said child's share shall be allotted to his/her then living issue, if any, and in default of such issue, such share shall be added to the shares of my other children or if any such child has predeceased me, his/her share to the issue of the child, per stirpes. Any such personalty not so divided shall thereafter be disposed of by my Co-Executors by public sale or in such, manner as my Co- Executors shall select; all proceeds therefrom shall form a part of the residue of my estate hereinafter disposed of. I may leave a memorandum setting forth suggestions as to the distribution of certain items and,while the memorandum is not to be legally binding, 1 hope the suggestions in it will be carried out. RESIDUARY ESTATE III. Remainder. A. Gift to Spouse. I give, devise and bequeath the rest, residue and remainder of my estate, whether real, personal or mixed and of any nature whatsoever and wherever situated, to my wife, NANCY A. BESCH, absolutely, if she survives me by thirty (30) days. B. Alternate. In the event that my wife, NANCY A. BESCH, should predecease me or not be living on the thirty-first (31") day after my death, I give, devise and bequeath the rest, residue and remainder of my estate, whether real, personal or mixed, and of any nature whatsoever and wherever situated, to be divided in equal shares among my children. For any child of mine who has predeceased me, his/her share shall be distributed to his/her issue, per stirpes, but in default thereof, equally among his/her siblings. C. No Charitable Gifts. I have not set forth any charitable gifts in this Will. However, I express my hope, but not my direction, that the individual beneficiaries hereunder shall, during their lifetimes, give generously to charitable entities in a way which reflects the philanthropy practiced by my wife, NANCY A. BESCH, and me during our lives. FIDUCIARIES IV. Fiduciaries. I hereby nominate, constitute and appoint my wife, NANCY A. BESCH, as Executrix of this my Last Will and Testament. In the event that my said wife, NANCY A. BESCH, shall predecease me, or be unwilling or unable to act as Executrix, I nominate, constitute and appoint my son, EARL DONALD BESCH, JR., and my daughter, MARY KATHERINE HAMILTON, as Co-Executors of this my Last Will and Testament. If either Co-Executor shall predecease me, or be unwilling or unable to act as Executor, the other shall serve with full power and authority. V. Bond. No Executrix (Executor) appointed hereunder shall be required to give bond or enter security for the performance of their duties. ADMINISTRATIVE PROVISIONS VI. Management Powers. My Executrix (Co-Executors) serving hereunder shall have, in addition to the powers and authority conferred upon her by law,the following additional discretionary powers and authority: �`2 2 1. To retain any property received by her. 2. To sell at public or private sale, exchange, lease, mortgage or pledge any property, real or personal, at any time constituting a portion of my estate, and upon such terms and conditions as she shall deem wise. 3. To invest any money at any time in such bonds, stocks, notes, real estate, mortgages, life insurance annuities or other securities, or such property, real or personal, as she shall deem wise, without being limited by any statute or rule of law regarding investments by her. 4. To retain, without incurring any liability, as investments, any property owned by me at the time of my death, as long as she deems it wise, and even though such property is not the kind of property she would purchase as an investment; and even though to retain such property might violate sound diversification principles. 5. To cause any security or other property which may at any time constitute a portion of my estate to be issued, held or registered in her own name, or in the name of a nominee, or in such form that title will pass by delivery. 6. To consent to the reorganization, consolidation,readjustment of the financial structure, or sale of the assets of any corporation or other organization, the securities of which constitute a portion of my estate, and to take any action with reference to such.securities which, in the opinion of the Executrix, is necessary to obtain the benefit of any such reorganization, consolidation, readjustment or sale; to exercise any conversion privilege or subscription right given to her as the owner of any securities constituting a portion of .my estate; to accept and hold, as a portion of my estate, securities resulting from any reorganization, consolidation, readjustment, sale, conversion or subscription. 7. To pay all costs, taxes, charges and expenses in connection with the administration of my estate, including compensation to the Executrix. 8. To determine what is "Income" and what is "Principal" hereunder, and her decision thereon shall be final; and to purchase securities at a premium or discount, and to apply or charge said premium or discount against income or principal as she may determine. 9. To transfer, sell, exchange, partition, lease, mortgage, pledge, give options upon, or otherwise dispose of any property at any time held by her, at public or private sale or otherwise. 3 �'7 10. To borrow money from any- person, firm or corporation for the purpose of protecting and preserving or improving my estate hereunder; to execute promissory notes or other obligations for amounts so borrowed. 11. To make distribution in cash or in kind. 12. To execute and deliver all documents necessary or appropriate for the exercise of her powers. 13. To employ legal counsel, accountants, brokers, investment advisors, custodians, managers and other agents and employees and to pay reasonable compensation out of my estate or out of any fund held hereunder to which said:ornt ensation is attributable. 14. To do all other acts in. her judgment necessary or desirable for the proper and advantageous management, investment and distribution of my estate. VII. Beneficiaries Under 25 or Disabled: If any beneficiary hereunder becomes entitled to an outright distribution of income or principal and is (i) under the age of 25 years or (ii) in the Co-Executors' opinion, disabled by illness or other cause and unable to properly manage the funds: A. Payments: As much of such income or principal as the Co-Executors may from time to time think desirable for that beneficiary either shall be paid to him or her or shall be applied for his or her benefit; and B. Balance: The balance of such income and principal -- and the net income from those funds— shall be kept invested and managed as a separate account for that beneficiary with the Co-Executors to serve as guardians of the property, with the funds paid to or for the beneficiary in accordance with the provisions of the preceding paragraph. )When i?fre beneficiary reaches the age of 25 or, in the guardians' opinion, becomes free of disability, as the case may be, the balance shall be paid to him or her. C. Powers and Security: The guardians, should they be required to serve under this section, shall not be required to post bond or security in connection with the performance of their duties. In addition, the powers of the guardians in connection with any accounts created under this section shall be consistent with the powers set forth in Section V1 of this, my Will. Any funds to be directly applied under this article either shall be applied directly by the guardians or shall be paid to a parent or guardian of the beneficiary or to any person or � fl 4 organization taking care of the beneficiary. Funds applied for minors may also include distribution to a custodian selected and appointed by guardians under the Uniform Gifts or Transfers to Minors Act of any state. The guardians shall have no further responsibility for any funds so paid or applied. VIII. Protective Provisions. To the extent permitted by law, the interest of beneficiaries in principal or income shall not be subject to the claims of their creditors and others, nor to legal process, and shall not be voluntarily or involuntarily alienated or encumbered, except that nothing in this article shall preclude the assignment of all or any part of a beneficiary's interest to his/her descendants. TAX PROVISIONS X. Death Taxes. I direct that all transfer and inheritance taxes, state or Federal assessed because of my death, whether the funds, property or insurance proceeds to which such taxes are attributable pass under this Will or not, shall be paid out of my residuary estate; that my Executrix pay, or provide for payment of all such taxes at such time or times, and in such manner as my Executrix deems best. XI. Tax Options. I authorize my Executrix: A. Death Taxes. To exercise any options available in determining and paying death taxes in my estate; B. Income Taxes. To join with my wife in filing a joint income tax return; and C. Gift Taxes. To consent to any gifts made by my wife being treated as having been made one-half by me for the purpose of laws relating to gift tax. IN WITNESS WHEREOF, I, EARL D. BESCH, the Testator to this, my Last Will and Testament, typewritten on six (6) sheets of paper which I hav entified at the bottom of each page by my signature, hereunto set my hand and seal the day of n4444 2013. LJ (SEAL) EARL D. BESCH 5 The preceding instrument consisting of this and five (5) other typewritten pages, each identified by the signature of the Testator, EARL D. BESCH, was on this day and date thereof signed, published and declared by EARL D. BESCH, the Testator therein named, as and for his Last Will, in the presence of us, who at his request, in his presence, and in the presence of each other have subscribed our names as witnesses. r COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND I, EARL D. BESCH, 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; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. EARL D. BESCH Swornlor affirmed to and acknowledged before nie, by EARL D. BESCH, the Testator, this day of Alarch , 2013. N tary Public ca Marrwy��Ttnp F PEn�s�sye NOTARIALAROV Vt't CAMP HILL COPPERSMITH,CUMBERLAND CW14 MY cOMMISSION EXPIRES JUNE 21.2016 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND We, /aavid w /q6 , and 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 EARL D. BESCH signand execute the instrument as his Last Will; that he signed willingly and that he executed it as his free and voluntary act for the purposes therein expressed; that each of us, in the hearing and sight of the Testator. signed the Will as witnesses and that to the best of our knowledge, the Testator was at that time eighteen or more years of age., of'sound mind and ander no constraint or undue influence. Sworn or affirmed tp and subscribed to before me by �c°� and �'c�artil ,�, o��ell , witnesses this day of 141,vr�i , 2013. No y Public NOTARIAL SEAL GLORIA!.l'JOPPERSMITN.NOTARY PUBLM CAMP LULL BORO,CUMBERLAND COUNTY MY COMMISSION EXPIRES JUNE 21,2015 Y.