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HomeMy WebLinkAbout03-16-15 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: Jannet Joy Quirk Decedent's Information Name: John W Quirk File No: 21 '71 a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: 12/17/2014 Age at Death: 74 Decedent was domiciled at death in Cumberland County, PA (State)with his/her last principal residence at 2 Vine Circle,Camp Hill 17011 Camp Hill Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at 503 N.21st Street Camp Hill 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 $ If not domiciled in Pennsylvania................ Personal property in Pennsylvania $ If not domiciled in Pennsylvania................ Personal property in County $ Value of real estate in Pennsylvania................................................................... $ 140,000.00 TOTAL ESTIMATED VALUE $ 140,000.00 Real estate in Pennsylvania situated at 2 Vine Circle,Camp Hill 17011 Camp Hill 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 03/28/2011 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.§§ 323(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. ®NO EXCEPTIONS ❑ EXCEPTIONS ❑ B. Petition for Grant of Letters of Administration (If applicable) c.t.a.,d.b.n.,d.b.n.c.t.a.,pedente lite,durante absentia.durante minoritate ,-J 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. Except as follows:Decedent was not a party to pending divorce proceedingwherein the grounds for divorce had been establishedas definedf, in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adudicated an incapacitated person. r a 7 []NO EXCEPTIONS ❑ EXCEPTIONS Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the following'spouse{af annd heirs'{attach additional sheets,if necessary): = Name Relationship Address c, }, (7) 01 Form RW-02 rev.10-11-2oi i 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 Jannet Joy Quirk 209 Cricket Avenue,Apt 2 Ardmore,PA 19003 The Petitioner(s)above-named swear(s)or affirm(s)the statements Inforegoing Pe'' n are true and correct to the best of the knowledge and jtbebelief of Petitioner(s)and that,as Personal Representative(s)of the dent,Yetiti sI well an truly administer the estate according 15W. Sworn too lYmed and$ scribe before ) Date me this day /i�i02 Date By: Date F th - egiste Date BOND Required? 11 YES [2/NO To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters.......................................... $ 260.00 Attorney Signature: ( 3 )Short Certificate(s)......... 15.00 ( )Renunciation(s).............. ( )Codicil(s)........................ Printed Name: Linda J. Isen q ( )Affidavit(s)...................... Bond............................................. c' Supreme Court 92858 Commission.................................. ID Number: - = Other C 4 Inheritance Tax Return 15.00C") l i Firm Name: Hazen Elder Law Invento 15.00 Address: 2000 Linglestown Road 4 -�t ` Suite 202 - Harrisburg,PA 1711'0 C J i= t-rt l C n Phone: 717-540-4332 Automation Fee............................ 5.00 Fax: 717-540-4313 JCSFee....................................... 35.50 TOTAL......................................... _346c69^ E-mail: lolsen@hazenelderlaw.com DECREE OF THE REGISTER Date of Death: 12/17/2014 Social Security No: Estate of John W Quirk File No: 21 l c,::�— WIT- 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 Jannet Joy Quirk in the above estate and(if applicable)that the instrument(s)dated 03/28/2011 described in the Petition be admitted to probate and filed of record as the laht Will(and Codicil(s))of Dec t. r� gis r of Wills Copyright(c)2011 form software only The Lackner Gr up,Inc. j ` a 2 of 2 �r �F TME LASTWILLA mEM'3 .5 O "t ff' ' r ,john Quirk ,, . .; DECLARATION I,John Quirk, 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 married to Georgine Quirk. 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. Jannet Joy Quirk 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 l.0 ` (initial) DOC#500427666 I direct that any 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: (i) I have specifically provided in this Will for the forbearance of such debt, or (ii) such beneficiary is the sole principal beneficiary. PRINCIPAL REMAINDER DISTRIBUTION If my spouse, Georgine Quirk, survives me, I give, devise, and bequeath to my spouse all of the rest, residue, and remainder of my property and estate, real, personal, and mixed, tangible and intangible, of whatever nature and wherever situated, including all property I may acquire or become entitled to after the execution of this Will, including all lapsed legacies and devises (but excluding any property over which I may have a power of appointment, it being my intention not to exercise any such power), outright and free of trust, after payment of all my just debts, expenses, taxes, and specific bequests, if any. Page 2 of my Last Will and Testamen l (initial) ALTERNATE REMAINDER BENEFICIARIES If my spouse does not survive me, I give, devise, and bequeath all of the rest, residue, and remainder of my property to the persons named below, in the percentages set forth below. Unless otherwise indicated in this Will, these shares will be distributed outright and free of trust. 1. Name: Jannet Joy Quirk Relation: Daughter Percentage: 100% 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. CREDIT SHELTER TRUST My spouse has the right to disclaim all or a portion of any property or other interests left to him or her under this Will, provided that my spouse do so within the qualifying time limit for the disclaimer pursuant to Section 2518 of the Internal Revenue Code of 1986, as amended from time to time (the "Code"), or a corresponding provision in any successor statute. Anything in the "Alternate Remainder Beneficiaries" clause to the contrary notwithstanding, if my spouse makes any such disclaimer, all such disclaimed property or interests will be distributed in trust to Georgine Quirk, as trustee of The John Quirk Credit Shelter Trust. During my spouse's lifetime, the trustee shall distribute net income and principal of the Credit Shelter Trust in accordance with the following provisions: a. The trustee shall pay to my spouse or apply for his or her benefit all of the net income of the trust,with such payments to be made at regular intervals as determined in the trustee's sole discretion, except that the trustee shall make payments at least annually. Page 3 of my Last Will and TestamentM-(initial) b. The trustee may also pay to or apply for the benefit of my spouse from time to time so much of the principal as the trustee determines is necessary for my spouse's health, education, maintenance, and support. C. In making any such discretionary distributions,the trustee may take into consideration all relevant circumstances, including but not limited to my spouse's accustomed standard of living and other assets and sources of income or support available to my spouse and known to the trustee. On the death of my spouse,the remaining Credit Shelter Trust assets will be distributed in accordance with the provisions of this Will, as if I had died on the date of my spouse's death and my spouse had not survived me. GENERAL TRUST PROVISIONS Trustee Powers (a) General Powers and Duties. Each trustee of a trust created under this Will will have all of the powers deemed necessary and appropriate to administer that trust, including all powers granted under Pennsylvania law, subject to the trustee's fiduciary duties to the beneficiaries and any restrictions or limits set forth under Pennsylvania law. (b) Specific Powers. In furtherance of subsection (a) above,the powers of the trustee include, but are not limited to, the powers to: 1. Collect, hold, maintain, manage, and administer the assets of the trust as if the trustee were the absolute owner of it; 2. Sell, trade, deal, encumber,mortgage, pledge, option, lease, lend, or improve the assets of the trust; 3. Invest, reinvest, and make purchases with the profits and principal of the trust in every kind of property, asset, and investment; 4. Borrow money from the trust for trust purposes; Page 4 of my Last Will and TestamentO, 11 (initial) S . 5. Employ and pay reasonable fees to counsel, accountants, financial advisors, and any other professionals deemed necessary or advisable for the proper administration of the trust; 6. Enter into contracts and otherwise execute any instruments on behalf of the trust; 7. Establish bank, brokerage, and other financial and nonfinancial accounts for and on behalf of the trust, and execute any and all documents on the trust's behalf in relation thereto, including any resolutions, certifications, or certificates required for such accounts; 8. Distribute or divide the assets of the trust in accordance with this Will (subject to any restrictions or limits set forth under Pennsylvania law), and execute any documents necessary to administer any trust or subtrust created by this Will; 9. Continue, operate, expand,manage, and sell any business that is a trust asset; 10. Commence, defend, arbitrate, and settle legal claims or actions concerning the trust or the assets and property in the trust; 11. Exercise voting rights, give proxies, and enter into voting agreements with respect to stock and other business ownership interests held by the trust; 12. Prepare tax returns and take any necessary or desirable actions with governmental agencies; and 13. Purchase and modify insurance. Physical Segregation of Trust Shares Not Required If more than one trust is created under this Will, the trustee is not required to physically segregate or divide the assets of the various trusts, except if physical segregation or division is required on the termination of any of the trusts. Notwithstanding the forgoing, the trustee shall maintain separate books and records for each separate trust. Page 5 of my Last Will and Testament� (initial) Bond Not Required No trustee of any trust created under this instrument is required to post a bond. Distribution Authority If the trustee is required by this Will to divide any trust property into parts or shares for or otherwise,the trustee is authorized, in the trustee's sole discretion,to make that division and distribution in identical interests, in kind, or partly in kind or partly in money, pro rata or non pro rata. For this purpose, the trustee may sell such trust property not specifically devised as the trustee deems necessary. Trustee Compensation The trustee is entitled to annual reasonable compensation for services rendered in that capacity. Trustee fees will be prorated for any partial years of service in amounts proportionate with the period of service during that year. Spendthrift Provision No interest in the principal or income of any trust created under this instrument may be anticipated, assigned, encumbered, or subjected to a creditor's claims or legal process until it is actually received by the beneficiary. This spendthrift provision constitutes one of the material purposes of the trusts created hereunder. Payments to Minor Beneficiaries The trustee may make distributions from a minor's trust share, up to the whole thereof,to the guardian of the minor's person, a custodian for the minor under the applicable Transfers to Minors Act, or Gifts to Minors Act, or the trustee may apply distributions directly for the minor's benefit. Qualified Subchapter S Trust Provision It is my intent that any trust created herein holding stock in a qualified subchapter S corporation, if any,for any beneficiary qualify as a qualified subchapter S trust("QSST"). A QSST will have at least one beneficiary and the income of that trust will be distributed at least annually. If a trust is comprised of shares in a "small business corporation," as defined in Section 1361 of the Code Page 6 of my Last Will and Testament (initial) or any successor thereto, the trustee may segregate said trust property into a separate trust and, as trustee, may modify the terms of said trust (if necessary) so that said trust will be a QSST as defined in the Code or any successor thereto. The trustee shall make any such modification by a written document signed by the trustee and delivered to the beneficiary of said trust or to the guardian of any minor beneficiary or conservator any incompetent beneficiary. The terms of the so-called QSST will continue for so long as necessary as long as an election under Section 1362 of the Code or any successor thereto, is in effect. When the trust property is no longer comprised of small business corporation stock or a Section 1362 election has not been made, the special QSST will terminate and the trust property will be held in accordance with the terms of the original trust. EXECUTOR NOMINATION I nominate my daughter,Jannet Joy Quirk, 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 spouse, Georgine Quirk, to be the executor of this Will. If, for any reason, all of the nominees designated above are unable or unwilling to serve or to continue to serve as executor of this Will, I nominate my cousin, Allen Quirk,to be the executor of this Will. If none of the nominated executors are able and willing to serve or 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 in a court of competent jurisdiction by the resigning executor or any person interested in the estate. 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 over all 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 Page 7 of my Last Will and Testament 0 117 (initial) 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 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. Page 8 of my Last Will and Testament (initial) 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. 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 my 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 9 of my Last Will and Testament (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. (Sighature of JohnQuirk) Date: Page 10 of my Last Will and Testament (initial) 4 ATTESTATION This last will and testament,which has been separately signed by John Quirk, 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. 0444 4-ileL (Signature of witness) (Print Name) Date: r Ac)– �?v �c. 31 (Address) 1, Cl 7I lr / 0 (City,Sta e,ZIP) 2. 22�1 a , - 6 (Signature of witness) (Print Name) Date: �' pC� l S 3D 7—n r-e f- "k -S (Address) (City,State,ZIP) Page 11 of my Last Will and Testament/ � 1 X (initial) SELF-PROVING AFFIDAVIT Commonwealth of Pennsylvania County of Cumberland I,John Quirk,the undersigned testator,being first duly sworn do declare to the undersigned authority that I signed and executed the attached or annexed instrument as my last will and testament and that I signed it willingly,or willingly directed another to sign for me,that I execute it as my free and voluntary act for the purposes expressed in that document,and that at the time I signed the document,I was eighteen years of age or older,of sound mind and memory,and under no constraint or undue influence. Date:-41) ( ature of John Quirk) We,the undersigned witnesses,being first duly sworn, do each declare to the undersigned authority the following: (1) the testator declared to each of us that the attached or annexed instrument is his or her last will and testament; (2) the testator executed the last will in our presence; (3) each of us,in the presence of the testator and in the presence of each other, and at the testator's request, signed the last will and testament as witnesses;and (4) to the best of our knowledge the testator is eighteen years of age or older,of sound mind and memory,and under no constraint or undue influence. =ss' (Print Name) 2. i a me' ,� m0 r0 r (Signature of witness) (Print Name) COMMONWEALI'li Ui-eLNNSYLVANIA) COUNTY OF CUMBERLAND ) Acknowledgement of Notary Public: Subscribed,sworn and acknowle ed tome on pisday of 20 b ohnuirk,as testator,and �' Rev+^.-- and � � S. M D rc:v► as itnesses. Witness my hand and seal. f" Signature of Notary Public: COMMONWLLl OF PENNSYLVANIA NOTARIAL SEAL CHERYL R. GARMAN, Notary Public Camp Hill Boro, Cumberland County My Commission Expires May 20, 2012 REGISTER OF WILLS CERTIFICATE OF CUMBERLAND COUNTY GRANT OF LETTERS PENNSYLVANIA OF IUJ No. 2015- 00279 PA No. 21- 15- 0279 Estate Of: JOHN WQUIRK 0 !First,Middle,Last) Late Of: CAMP HILL BOROUGH CUMBERLAND COUNTY Deceased 1750 Social Securi ty No: WHEREAS, an the 16th day of March 2015 an instrument dated March 28th 2011 was admitted to probate as the last will of JOHN W QUIRK (First,Middle,Lasti late of CAMP HILL BOROUGH, CUMBERLAND County, who died on the 17th day of December 2014 and WHEREAS, a true copy of the will as probated is annexed hereto. 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: JA NNET JOY QUIRK 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, PENNS YL VA NIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office on the 16th day of March 2015. 4- R,opis ter o`f W (0 CD P 0. CO C� EZ **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)