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
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M �J C
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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
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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
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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.
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**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
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after my death as conveniently may be done.
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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
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