HomeMy WebLinkAbout04-15-15 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:
Robert L.Nause,Jr.and Keith A.Nause
Decedent's Information
Name: Robert LeRoy Nause File No: 21
a/k/a: Robert L.Nause (Assigned by Register)
a/k/a:
a/k/a: Social Security No:
Date of Death: 04/10/2015 Age at Death: 74
Decedent was domiciled at death in Cumberland County, PA (state)with his/her last
principal residence at 3469 Sullivan St.,Mechanicsburg 17050 East Pennsboro Cumberland
Street address,Post Office and Zip Code City,Township or Borough County
Decedent died at 3469 Sullivan St.,Mechanicsburg 17050 East Pennsboro 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 $ 18,000.00
if not domiciled in Pennsylvania................ Personal property in Pennsylvania $
if not domiciled in Pennsylvania................ Personal property in County $
Value of real estate in Pennsylvania................................................................... $ 175,000.00
TOTAL ESTIMATED VALUE $ 193,000.00
Real estate in Pennsylvania situated at 3469 Sullivan St.,Mechanicsburg 17050 East Pennsboro 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 04/03/2015 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 mar 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 ar eJk ild born or
adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. ca .
®NO EXCEPTIONS ❑ EXCEPTIONS M
❑ B. Petition for Grant of Letters of Administration (If applicable) M U cr) :;0,
c.t.a.,d.b.n.,d.b.n.c.t.a.,pedente lite,ZilGraR apsentia.�Uante�mjho' to
If Administration,c.t.a ord.b.n.c.t.a.,enter date of Will in Section A above and complete list of heirs. C>7
Except as follows:Decedent was not a party to pending divorce proceedingwherein the grounds for divorce had be-5n esta$Gshecas deffil'edCD
in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adudicated an incapacitated person. .C-) ZID -,n -'T
'eD -n
❑NO EXCEPTIONS ❑ EXCEPTIONS c�
Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the following speltse(if ar y�`J and Feirttach
additional sheets,if necessary): CfJ Cnrl
o
Name Relationship Address
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
Robert L.Nause,Jr. 437 Lamp Post Lane
Camp Hill,PA 17011
Keith A.Nause 5 Cooperstown Ct.
Phoenix,MD 21131
The Petitioner(s)above-named swear(s)or affirm(s)the statements in the foregoing Petition are true Vd correct to the best of the knowledge and
belief of Petitioner(s)and that,as Personal Representative(s)of th ec dent Petitio r(s)will well d truly administer the estate according.to lay;.
Sworn to or affirmed and subscribed befor Date
me this day of ti. Date
By. �i Date
For the Register Date
BOND Required? YES ❑X NO To the Register of Wills:
FEES: Please enter my appearance by my signature below:
Letters.......................................... $ 260.00 Attorney Signature:
( 4 )Short Certificate(s)......... 20.00
( )Renunciation(s)..............
( )Codicil(s)......................:.
( )Affidavit(s)...................... Printed Na e: Marielle F.Hazen Esq.
Bond............................................. Supreme Court
Commission'.................................. ID Number: 68003
Other
Inheritance tax return 15.00 Firm Name: Hazen Elder Law
t'"n
Inventory 15.00 Address: 2000 Linglestown Ro x�
Suite 202 h
Harrisburg,PA 1711 ci I _
6_
is 1 =D
Phone: 717-540-4332 : 'C>
Automation Fee............................ 5.00 --
Fax: 717-540-4313 t >Z)
JCS Fee....................................... 35.50
E-mail: info@hazenelderlaw.c m Cn Cn p
TOTAL......................................... $ � ��359-6® .�.
DECREE OF THE REGISTER
Date of Death: 04/10/2015
Social Security No:
Estate of Robert LeRoy Nause File No: 21- 1.5-x-1-1 b
a/k/a: Robert L.Nause _
AND NOW, Bon in consideration of the foregoing Petition,
satisfactory proof having been presented before me,IT IS DECREED that Letters Testamentary
are hereby granted to Robert L.Nause,Jr.and Keith A.Nause
in the above estate and(if applicable)that the instrument(s)dated 04/03/2015
described in the Petition be admitted to probate and filed of record as th last Will(andodic' s) of Decedent.
\
R . is er of Wills i,
Copyright(c)2011 form software only The Lackner Group,IrIc. Page 2 of 2
J
RECORDED OFFICE OF
REGISTER OF WILLS
?015 ��� 1 S A� �I 1 5�
LAST WILL AND TESTAMENT
�
OF
CLI. K OF ROBERT L.NAUSE
ORPHANS' COURT
'UM:BERLA D- F
I,ROBERT L.NAUSE,now domiciled in Cumberland County,Pennsylvania,declare this
to be my Last Will. 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 Article IV hereof.
Article IV
All the rest, residue and remainder of my estate, of whatsoever nature and wheresoever
situate,I give,devise and bequeath in equal shares to my son,ROBERT L.NAUSE,JR.,of Camp
Hill,Pennsylvania and KEITH A.NAUSE,of Phoenix,Maryland,per stirpes. If a beneficiary 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 beneficiary would have received had he or she
survived me by thirty(30) days.
Article V
If a beneficiary under this Will has not attained the age of twenty-five(25)years,the share of
the beneficiary shall be placed in a separate trust,for the benefit of that beneficiary according to the
terms in Article VI.
Article VI
In the event that a Trust is created by or as a result of any part of this Will, the terms and
conditions of the Trust shall be as follows:
A. My Trustee shall 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 health, education, support and
maintenance of the child until the beneficiary attains the age of twenty-five(25)years.
B. Upon attaining the age of twenty-five(25),the remaining principal and accumulated
income of the beneficiary's share shall be distributed outright to the beneficiary.
C. If the beneficiary dies before the entire principal of the Trust has been withdrawn,the
remaining principal and accumulated income shall be distributed by my Trustee to the beneficiary's
then-living descendants,per stirpes. If the beneficiary dies before the entire principal of the Trust
has been withdrawn leaving no surviving issue, the remaining principal and accumulated income
shall be distributed to my living descendants,per stirpes.
D. No beneficiary or remainderman of this Trust shall have any right to alienate,
encumber, or hypothecate his or her interest in the principal or income of the Trust in any manner,
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nor shall any interest be subject to claims of his or her creditors or liable to attachment,execution,or
other processes of law.
Article VII
In order to carry out the purposes of the Trust established by this Will, 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,
(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 principle 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
Trustee; to pay from the trust 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 for services performed and to receive
reimbursement for any expenses incurred administering the trust.
Article VIII
I hereby appoint the surviving natural parent of the trust beneficiary as Trustee of any Trust(s)
created in this Will for the benefit of any beneficiary under the age of twenty-five(25)years. In the
event there is no natural surviving parent,I appoint my son,ROBERT L.NAUSE,JR.,as Trustee of
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any Trust(s) for the benefit of a lineal descendant of KEITH A. NAUSE, and appoint KEITH A.
NAUSE as Trustee of any Trust(s)for the benefit of a lineal descendant of ROBERT L.NAUSE,JR.
Article IX
I nominate, constitute, and appoint my sons, ROBERT L. NAUSE, JR. and KEITH A.
NAUSE, as Co-Executors of my Last Will and Testament. I direct that my Co-Executors 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 qualified disclaimer I could
have filed if living. My Co-Executors shall receive reasonable compensation for services rendered to
my estate.
Article X
In addition to the powers conferred by law, I authorize my Co-Executors in their 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 principle 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
Co-Executors; 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, or have an
interest in at time of my death,
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(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 Co-Executors, and
(k) to receive reasonable compensation in accordance with the standard schedule of fees
in effect while their services are performed.
IN WITNESS WHEREOF,I,ROBERT L.NAUSE,hereby set my hand to this my Last Will
and Testament, on -3 , 2015, at Harrisburg, Pennsylvania.
ROBERT L.NAUSE
In our presence,the above-named ROBERT L.NAUSE signed this and declared this to be
his Last Will and now at his request, in his presence, and in the presence of each other, we sign as
witnesses.
Name Address
20 0 Linglestown Rd., Suite 202, Harrisburiz, PA 17110
�•(� 2000 Linglestown Rd., Suite 202, Harrisburiz, PA 17110
_5_
I,ROBERT L.NAUSE,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
ROBERT L. NAUSE, the Testator,
on 12015.
Notary Public ROBERT L.NAUSE
COMMONWEA TA----RI EPENNSYLVANIA
Melissa M.Kain,Notary Public
Susquehanna Twp.,Dauphin County
My Commission Expires Aug.11,2018
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 t�l�efo��me
by 1 24,-\ c
and MSI t ►,�P. OLLI A,.-,AA Witn ss
witnesses on A2,4,'/ .3 , 2015.
P
Witn s
Notary Public
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
Melissa M.Kain,Notary Public
Susquehanna Twp.,Dauphin County
My Commission Expires Aug.11,2018
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