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HomeMy WebLinkAbout04-07-15 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 _23 Name: 2 , 5 D-e-A SP. n File No: A-6 � 0p a/k/a: (Assigned by Register)// a/k/a: a/k/a: Social Security No: Date of Death: 5 Age at death: Decedent was domiciled at dea in h County (state1 with his/her last principal residence at�7a2 I C�5 S- CAI _ Street addre Post Offlcp and Zip Code City,Township or Borough-1- County Decedent died atJ�a5 ) L�S u� tAY�2, r\IX.41 DL? 1`V�echan icsbuc-a , A I D O�-S Street address,Post Office and Zip Code City,Township or Borough C�Coup_tyy `� _ �5tate A Estimate of value of decedent's property at death: ��.�� A{ �(T jT If domiciled in Pennsylvania.. All personal property $ t 153f S`I If not domiciled in Pennsylvania. ....................... Personal property in Pennsylvania $ If not domiciled in Pennsylvania. ....................... Personal property in County $ Value of real estate in Pennsylvania......................................................... $ TOTv IAL EST TED V iJE. ... $ Real estate in Pennsylvania situated at: 1 l (Attach additional sheets,if necessary.) , Street address,Post Office and Zip Code City,Township or orough�Q�i�� y(— 64q 63'A. Petition for Probate and Grant of Letters Testamentary Jl /0l n� S ` 19 Petitioner(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,datedl7 and Codicil(s) thereto dated State relevant circumstances(eg.renunciation,death of executor,eta) 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.§3323(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. % EE(NOEXCEPTIONS ❑EXCEPTIONS ❑ B. Petition for Grant of Letters of Administration (If applicable) c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente lite,durante absentia,durante minoritate If Administration,ata or db.mc.ta.,enter date of Will in Section A above and complete 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. [:]NOEXCEPTIONS ❑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): o Name Relationship ditess C> M -p n ] -4 ID �. M M �J C :7 n Q M r-- frt CD C:) O Form RW-02 rev.1011112011 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 LaVTSucen 1I 1 %U aLVa%4,YA i7ago S. 1 �T 1 es 1 Qfn W\ a1 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 Representatives)of the Deceden Pe' ' s)will well and truly administer the estate according to law. Sworn to or affirmed and subscribed before Date me thi_ day of � e, Date L( + By: Date Fo a Register Date BOND Required:[:]YES To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters. . . .. . .. .. .. . .. . . ... . . $ Attorney Signature: ( )Short Certificate(s).... .. ( )Renunciation(s).. . .. .. .. ( )Codicil(s). . . . .. . . . ... . ( )Affidavit(s).. . .. ... . . . . Bond.. . .. ..... . .. .. . .. . . .. . . Printed Name: Commission. . .. ... .. . . . . . .. . . Supreme Court C= rr1 C. Other . . .. .. . . ID Number: 3: MWk I 47 . .. .. . . .. . . .. . rFirm Name: ►` 1 . � ..... . 1 Address: * 'y .. C.? C> .. .. . . . . Phone: -iCD 1- rn Automation Fee. . ... . .. .. .... . Fax: .0 JCS Fee. . . ... . .... ... ... . .. . Email: 0 TOTAL. . . .. . . . .. .. ... .. .. .. $ ' I OL15•L50 a DECREE OF THE REGISTER j� Estate of File No: a(-1 3-7 u a/k/a: AND NOW, in consideration of the foregoing Petition, satisfactory proof having been presented before me,IT IS DECRkkb that Letters are hereby granted to in the above estate and(if applicable)that the instrument(s)dated described in the Petition be admitted to pro ate d M&of record as the last Will(and Codicil(s))of Decedent. e ster o i s Form RW-02 rev.10/1112011 Page 2 of 2 Ey( ,L2a- c n S 00-00000) yor-�, 0 o r r'n .. o cn c>. c� p III II. �I:�I. 1 REGISTER OF WILLS CERTIFICATE OF CUMBERLAND COUNTY GRANT OF LETTERS PENNSYLVANIA oF cu�y `� e� No. 2015- 00378 PA No. 2�- 15- 0378 J�� ��� �`9 — Es ta te Of: MARGARET A SORENSEN � D "v (Fiist,Mrddle,Last) c� La te Of: LOWER ALLEN TOWNSHIP CUMBERLAND CUUNTY w Deceased Soci al Securi ty No: 178- WHEREAS, on the lOth day of April 2015 an ��nsi.rument dated July 2nd 2014 was admitted to pro.bate as the last will of MARGARET A SORENSEN lFiist,Middle,Lastl late of LOWERALLEN TOWNSH/P, CUMBERLAND County, who died on the 15th day of February 2015 and WHEREAS, a true copy of the will as probated �:s annexed hereto. THEREFORE, I, LISA M. GRA YSON, ESQ. , I.egi s ter of Wi 11 s in and for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby certify that I have this day granted Letters TESTAMENTARY to: LARRY SORENSEN and NILA S HILL who have duly qualified as EXECUTOR(R/Xl and have agreed to administer the estate accordinq to law, all of which fully appears of record in my office at CUMBERLAND COUNTY COURT HOUSE, CARLISLE, PENNSYL VANIA. IN TESTIMONY WHEREOF, I have hereunto set my liand and affixed the seal of my office on the 10th day of April 2015. a � � `"� ��'-r��1 ,�- ' i ; � --� ��- � � -'�� �,- � �� ; ��C..�,�- ��/��t--� w � �- / � ���.���,t,�._ � � v ,,,,,, � r'. ✓ — Register of Wi s ` � _�. � ._., .... , ' � �. t.� � r> c:� �' Q �,,,, .��. �.� �.; ' C7 t�_: =7 .�i / /�eputy W t�„.1 � 1.L1 �� � C� H--- N ..a � � , � C%3 � C7 � � � � � O" m V W � p � CL � r-�-� � C7 V C'�.l **NOTE** ALL NAMES ABOVE APPEAR (FIRS`P, T!TIDDLE, LAST) LAST WILL AND TESTAMENT OF MARGARET A. SORENSEN I, MARGARET A. SORENSEN, having my legal residence at 5225 Wilson Lane, Apt. 2100, Mechanicsburg, Cumberland County, Pennsylvania, hereby declare this to be my Last Will and Testament,revoking all other wills and codicilsheretofore made by me. ARTICLE ONE I declare that I am married to LEONARD W. SORENSEN. I have intentionally and with full knowledge chosen to exclude LEONARD W. SORENSEN from any distribution under this Will, not for any lack of affection but because I feel he is otherwise provided for. ARTICLE TWO I have two children (individually "my child", and collectively "my children") whose names and birth dates are as follows: NAMES BIRTH DATES NILA S. HILL December 23, 1945 LARRY W. SORENSEN July 24, 1949 Any references in this Will to my descendants are to these children and their descendants and to any other children subsequently born to or adopted by me. ARTICLE THREE I direct the payment from my estate of the expenses of my last illnes§.zfuner�as iiio r� --o after my death as conveniently may be done. c>- a ry f" elf- -Tel ARTICLE FOUR All of the tangible personal property that I own at my death, including any household furniture and furnishings, automobiles, books, pictures,jewelry, art objects, hobby equipment and collections, wearing apparel, and other articles of personal and household use, equipment and ornament, and all insurance thereon, shall be distributed with the residue of my estate. ARTICLE FIVE A. My Executor shall distribute the sum of Twenty-five Thousand Dollars($25,000.00) as soon as practical following my death to each of my surviving grandchildren, provided he or she survives me by thirty(30)days, outright and free of trust. B. My Executor shall distribute the sum of Twenty-five Thousand Dollars ($25,0,00.00) as soon as practical following my death to each of my surviving great-grandchildren,provided he or she survives me by thirty (30) days, subject to the provisions of Article Seven hereunder. ARTICLE SIX I give the rest, residue and remainder of my estate, of whatsoever nature and wheresoever situate, in equal shares, to my children, NILA S. HILL and LARRY W. SORENSEN, provided they survive me by thirty (30) days. If a child fails to survive me by thirty (30) days, his or her share shall be distributed to his or her descendants, per stirpes. If a deceased child has no descendants, his or her share shall be distributed to my surviving child, per stirpes. ARTICLE SEVEN Except as otherwise provided in my Will, if any portion of my estate is distributable to a beneficiary who is then under the age of 25 years, my Executor may distribute that beneficiary's share, without further responsibility, either directly to that beneficiary, to a qualified individual or 2 trust company designated by my Executor as custodian for that beneficiary under an applicable Uniform Transfers to Minors Act or similar law, or to the individual having personal custody of that beneficiary (whether or not court-appointed), and the receipt of the distributee shall discharge my Executor. ARTICLE.EIGHT If at any time there is no beneficiary entitled to receive all or any part of my estate under the preceding Articles, all of the remaining portion,of my estate shall then be distributed to those persons who would inherit it had I died intestate owning such property, all as determined and in the proportions provided by the laws of Pennsylvania then in effect. ARTICLE NINE No beneficiary or remainderman under this Will or any codicil hereto or any trust created hereunder shall have any right to alienate, encumber or hypothecate his or her interest in this Will or any codicil hereto or any trust created hereunder in any manner, nor shall any interest of any beneficiary or remainderman be subject to claims of his or her creditors or liable to attachment, execution or other process of law. ARTICLE TEN A. Restrictions on Use of Qualified Retirement Plans. Should the payment of expenses, claims and taxes from any Qualified Retirement Plan or Individual Retirement Account ("IRA") assets which comprise my estate cause my estate to be disqualified as a "Qualified Beneficiary," it is my intent, and I hereby direct that, to the extent practicable, no expenses, claims and taxes shall be paid from such Qualified Retirement Plan or IRA assets. 3 B. Restrictions on Certain Payments from Qualified Retirement Plans. The "designation date" shall mean September 30 of the calendar year following the calendar year in which my death occurs, or such other date as shall be established by Treasury Regulations or other tax law authority as the final date for determining whether my estate meets the requirements for treatment of my oldest beneficiary as if he or she had been named directly -as-beneficiary of any qualified retirement plan payable to my estate. Notwithstanding any other provision of my will or state law to the contrary, on or after the "designation date" no distribution to or for the benefit of my estate, any charity or any other non-individual beneficiary shall be made from any qualified retirement benefit payable to a trust created under my will. It is my intent that all such qualified retirement benefits held by or payable to my estate on or after the designation date be distributed to or held for only individual beneficiaries, within the meaning of Section 401(a)(9) of the Internal Revenue Code of 1986, as amended and supplemented (the "Internal Revenue Code"). Accordingly I direct that qualified retirement benefits not be used or applied on or after the designation date for payment of my debts, taxes, expenses of administration or other claims against my estate or for payment of estate, inheritance or similar transfer taxes due on account of my death (other than those directly attributable to and the legal obligation of a particular Qualified Retirement Plan). This paragraph shall not apply to any bequest or expense that is specifically directed,to be funded with qualified retirement benefits. C. Minimum Required Distribution In administering any trust or custodial account created under my Will that becomes the beneficiary of death benefits under any qualified retirement plan, the minimum required 4 distribution for each qualified retirement plan for any year is the greater of(1) the value of the qualified retirement plan determined as of the preceding year-end, divided by the applicable distribution period; and(2)the amount that my trustee or custodian is required to withdraw under the laws then applicable to the trust to avoid penalty. If I die before my required beginning date with respect to the qualified retirement plan, the applicable distribution period means the life expectancy of the beneficiary. If I die on or after my required beginning date with respect to a qualified retirement plan, the applicable distribution period means the life expectancy of the beneficiary, or (if longer) my remaining life expectancy. Notwithstanding the foregoing, if I die on or after my required beginning date with respect to a qualified retirement plan, the minimum required beginning date with respect to a qualified retirement plan, the minimum required distribution for the year of my death means (a) the amount that was required to be distributed to me with respect to the qualified retirement plan during the year, minus (b) amounts actually distributed to me with respect to the qualified retirement plan during the year. "Life expectancy," "required beginning date" and other similar terms used in this subsection, is to be determined in accordance with Section 401(a)(9) of the Internal Revenue Code. D. Tax Elections. In exercising any permitted elections regarding taxes, my Executor or custodian, as applicable, may make such decisions as they deem to be appropriate in all the circumstances and my Executor or custodian, as applicable, shall be under no duty to make any compensatory 5 adjustment as a consequence of any such election. My Executor or custodian, as applicable, may also execute such joint tax returns and pay such taxes or interest and deal with any tax refunds, interest, or credits as he, she or it shall deem necessary or advisable, whether in the interest of the other joint tax payer or in the interest of my estate. My Executor, in his, her or its sole discretion, may elect to have all, none, or part of the property comprising my estate for federal estate.tax purposes qualify for the federal estate tax marital deduction as qualified ter'minable interest property under Section 2056(B)(7) of the Internal Revenue Code(the "QTIP election") and for any state death tax marital deduction under the law of any state (the "state QTIP Election"). My Executor is not required to make the same election for both federal estate tax purposes and for state death tax purposes. If my Executor makes a partial QTIP election, my Executor shall divide the estate on the basis of the fair market value of the assets of the trust at the time of the division. ARTICLE ELEVEN I appoint my children, NILA S. 'HILL and LARRY W. SORENSEN, or either or the survivor of them, as Executor of my Will. If they are unable or unwilling to serve, I appoint my grandchildren, ALEXANDER D. HILL and WHITNEY L. SORENSEN, or either or the survivor of them,-,as Executor of my Will. I give to my Executor, in addition to and not in limitation of the powers given by law or by other provisions of this Will, the following powers with respect to settlement of my estate to be exercised from time to time in the discretion of my Executor, without further order or license of the Register of Wills or of any court: 1. To retain any property, pending distribution hereunder, to invest in or purchase any property without restriction to legal investments for fiduciaries,to distribute property 6 in kind,to compromise claims, and to sell any property at public or private sale; 2. To borrow money from any person including any fiduciary acting hereunder, and to mortgage or pledge any real or personal property; 3. To engage in litigation and compromise, arbitrate or abandon claims; 4. To make distributions in cash, or in kind at current values, or partly in each, allocating specific assets to particular distributees on a non-prorata basis, and for such purposes to make reasonable determinations of current values; 5. To make elections, decisions, concessions and settlements in connection with all income, estate, inheritance, gift or other tax returns and the payment of such taxes, without obligation to adjust the distributive share of income or principal of any person affected thereby; 6. To invest and reinvest in every kind of property and investment which persons of prudence, discretion and intelligence acquire for their own accounts; 7. To manage, control,repair and improve all real property; 8. To procure and carry at the expense of the estate insurance of the kinds, forms and amounts deemed advisable by the Executor to protect the Executor and the estate against any hazard; y. To pay all taxes, assessments, fees of the Executor and all other expenses incurred in the collection, care, administration and protection of the estate; 10. To exercise such powers, herein conferred, after the termination of the trust estate until final distribution of the estate assets; and 11. To do all the acts, to take all the proceedings, and to exercise all the rights, powers and privileges which an absolute owner of the property would have, subject always to the discharge 7 of their fiduciary obligations; the enumeration of certain powers in this Will shall not limit the general or implied powers of the Executor; the Executor shall have all additional powers that may now or hereafter be conferred on them by law or that may be necessary to enable the Executor to administer the estate in accordance with the provisions of this Will, subject to any limitations specified in this Will. No-'bond shall be required of any fiduciary hereunder in.any jurisdiction. No fiduciary hereunder shall have,any liability for any mistake or error of judgment made in good faith. My Executor shall receive reasonable compensation for services performed as determined by the court in which this Will is admitted to probate. ARTICLE TWELVE I realize that Executors are given discretion by law to make various elections which affect the income and estate taxes payable by estates and beneficiaries, as well as the relative shares of beneficiaries, such as taking administration expenses as deductions for either estate or income tax purposes, selecting options for the payment of employee death benefits, electing to take a qualified terminable interest as part of the marital deduction, selecting alternate valuation dates, postponing the payment of taxes, filing joint income tax or gift tax returns and redeeming corporate stock. The decisions made by my Uuciaries in"any of these matters shall be binding upon, and not subject to question by, any affected persons. I rely upon my fiduciaries to take into consideration the total income and estate taxes payable by reason of their decisions including those payable by my survivors, and they are authorized in their discretion, but not required,to make adjustments between income and principal as a result thereof. 8 ARTICLE THIRTEEN I direct that all estate, inheritance and other taxes in the nature thereof, together with any interest and penalties thereon, becoming payable because of my death with respect to the property constituting my gross estate for death tax purposes, whether or not such property passes under this Will, shall be paid from the principal of my residuary estate, and no person receiving or having a beneficial interest in any such property, whether under this Will or otherwise, shall at any time be required to contribute to or refund any part thereof,provided,however, that this direction shall not apply to the taxes on any property included in my estate solely because of a power of appointment thereover which I possess but have not exercised or on any qualified terminable interest or to any generation-skipping transfer taxes. IN WITNESS WHEREOF, I have at Hershey, Pennsylvania, this14 day of 2014, set my hand and seal to this Will,consisting of nine (9)pages. MAR RET A. SORENSEN SIGNED, SEALED, PUBLISHED and DECLARED by MARGARET A. SORENSEN,the above named 'Testatrix, as and for her Last Will-and Testament, in the presence of'us, who, at her request and in her presence, and in the presence of each other, have hereunto subscribed our names as witnesses. .01 Residence #er1)h& ✓-17 Residence Ne rs 9 ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN We, MARGARET A. SORENSEN, alz � and 6 ]'; Shj A , Testatrix and witnesses, respectively, whose_names are signed to the attached and foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testatrix signed and executed the instrument as her Last Will and that she had signed willingly, and that she executed it .as her free and voluntary act for the purpose therein expressed, and that each of the witnesses, in the presence and hearing of the Testatrix, signed the -Will as witnesses and that to the best of his/her knowledge the Testatrix was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. TESTATRIX `Y WITNESS WI SS :.Su' e ibed :a d sworn to and acknowledged 'before me by MA cuARET A. S. RENSENK the Testatrix, sand subscribed and sworn to before me by and D 1�r�fa h T. 3►m )J h ,witnesses, on this J u I " 2014 / C®NII,v�ONWEALTEi OF PrNNSYLVAIVIl1 Notary Public filotariai Seal public Linda L.FetterhofF,Notary ()en•v Twp.,Dauphin county cornrnission Expires Nov.8,2015 MENtSER PENNSYLVANIA A550cLgPION OF NAR1FS w CD ¢ i I- a 1 Ul •M��F-- �o OOWT •Z O a.i-+ZorVO ¢5-I-oO (n0-0-cc¢ ncD W E CD r N U M C O N N O c4 ti w 2 0 J � .3 ,p k _ O 'Itsa z � � 7 o CA Cw) E 4a d s 40�,