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HomeMy WebLinkAbout05-28-15 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: Anne-Marie N Niklaus Decedent's Information Name: Mary N Niklaus File No: 21-15 --75 a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: 05/24/2015 Age at Death: 82 Decedent was domiciled at death in Cumberland County, PA (state)with his/her last principal residence at 9 Stillmeadows Lane,Enola 17025 Silver Spring Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at Holy Spirit Hospital,503 N.21st Street Camp Hill Cumberland PA Street address,Post Office and Zip Code City,Township or Borough County Slate Estimate of value of decedent's property at death: If domiciled in Pennsylvania...................... All personal property $ 446,610.00 If not domiciled in Pennsylvania................ Personal property in Pennsylvania $ If not domiciled in Pennsylvania................ Personal property in County $ Value of real estate in Pennsylvania................................................................... $ 256,113.00 TOTAL ESTIMATED VALUE $ 702,723.00 Real estate in Pennsylvania situated at 9 Stillmeadows Lane,Enola 17025 Silver Spring 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 07/18/2013 and Codicil(s) thereto dated o . v' rT State relevant circumstancese. 3 � O ( g.,renunciation,death o/executor,etc.) `t7 � L;� 7 Except as follows:after the execution of the instrument(s)offered for probate,Decedent did not mar was not divo.r&epot as rpt a party to_a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S.§3323(8), and didhavt6child.bor.nybr adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. 7- 7J r� ®NO EXCEPTIONS ❑ EXCEPTIONS ❑ B. Petition for Grant of Letters of Administration (If applicable) s r = t c.t.a.,d.b.n.,d.b.n.c.t.a.,pedente lite,dur2nte absen ta.dura te•rdihi state 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. N ( Q o• Cn 'T1` Except as follows:Decedent was not a party to pending divorce proceedingwherein 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 adudicated an incapacitated person. ❑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 re,io-i i-2oi 1 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 Anne-Marie N Niklaus 223 Iron Lake Drive Exton,PA 19341 The Petitioner(s)above-namedswear(s)or affirm(s)the statemerAs Vi the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner(s)and that,as Persona!,Representative(s)of a Pecedent,Petitioner(s) i and truly administer the estate accordi g to la Sworn t affirmed and subscribed befo a Date �� me thi day of 'D Date By; Date For the Register Date BOND Required? ❑ YES 0 NO To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters.......................................... $ 560.00 Attorney Sign re: ( 5 )Short Certificate(s)......... C0 48:09. ( )Renunciation(s).............. ( )Codicil(s)........................ ( )Affidavit(s)...................... Printed Name: Linda J.Olsen Esq. Bond............................................. Supreme Court Commission.................................. ID Number: 92858 Other Inventory 15.00 Firm Name: Hazen Elder Law Inheritance Tax Return 15.00 Address: 2000 Linglestown Road Suite 202 Harrisburg,PA 17110 Phone: 717-640-4332 Automation Fee............................ 5.00 Fax: 717-540-4313 JCS Fee....................................... 35.50 TOTAL......................................... $ (--70.�SO 646.60 E-mail: lolsen@hazenelderlaw.com DECREE OF THE REGISTER Date of Death: 05/24/2015 Social Security No: Estate of Mary N Niklaus File No: 21-15 •- a/k/a: t� AND NOW, ne, i �O[S in consideration of the foregoing Petition, satisfactory proof having been presented before me,IT IS DECREED that Letters Testamentary are hereby granted to Anne-Marie N Niklaus in the above estate and(if applicable)that the instrument(s)dated 07/18/2013 described in the Petition be admitted to probate and filed of record as t e st Will(and odici s) of Decedent. qi ter of Wills Copyright(c)2011 form software only The Lackner Group,IncY �' f} Page 2 of 2 RECOREUIED CIFFICE 0F RECiS " ` '{'.'ILLS ?01.5 FIRY 28 81'I 8 2fiAST WILL AND TESTAMENT CLE" 0r OF MARY N. NIKLAUS I, MARY N. NIKLAUS, now domiciled in Cumberland County, Pennsylvania, declare this to be my Last Will and Testament. 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 to my spouse, RONALD W. NIKLAUS. In the event RONALD W. NIKLAUS predeceases me or fails to survive me by thirty (30) days, then 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 thirty(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 to my spouse, RONALD W. NIKLAUS, of Cumberland County, Pennsylvania. In the event that RONALD W. NIKLAUS predeceases me or fails to survive me by thirty (30) days, I give, devise, and bequeath the rest, residue and remainder of my estate, of whatsoever nature and wheresoever situate IN EQUAL SHARES to my children, ANNE- MARIE N. NIKLAUS, of Exton, Pennsylvania and DAVID W. NIKLAUS, of Austin, Texas. If a beneficiary fails to survive me by thirty (30) days, the share of any deceased child shall be distributed to my remaining child. Article V I nominate, constitute and appoint my daughter, ANNE-MARIE N. NIKLAUS of Exton, Pennsylvania as Executor of my Last Will and Testament. In the event of the 2 renunciation, death, or inability to act, for any reason whatsoever of my Executor, I nominate, constitute and appoint my son, DAVID W. NIKLAUS, as successor Executor of my Last Will and Testament. I direct that my Executor or successor Executor 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 Executor or successor Executor shall receive reasonable compensation for services rendered to my estate. Article VII In addition to the powers conferred by law, I authorize my Executor and successor Executor, in his/her 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 principal 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, 3 (h) to employ any attorney, investment advisor, or other agent deemed necessary by my Co-Executors or successor Executor; 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 in, or have an interest in at time of my death, (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 or successor Executor, and (k) to receive reasonable compensation in accordance with the standard schedule of fees in effect while their services are performed. IN WITNESS WHEREOF, 1, MARY N. NIKLAUS, hereby set my hand to this my Last Will and Testament, on r�,I , 2013, at Harrisburg, Pennsylvania. MARY N. NIKLAUS In our presence, the above-named MARY N. NIKLAUS signed this and declared this to be her Last Will and Testament and now at her request, in her presence, and in the presence of each other,we sign as witnesses. Name I Address &x&-n _D(Z �!6 ) QN 1714 4 I, MARY N. NIKLAUS, 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 MARY N. NIKLAUS, the Testator on JU,1� \g 12013. �)I)w i yh Ar Notary­ublit MARY N. PdKLAUS COMMONWEALTH OF PENNSYLVANIA Notarial Seal Marielle F.Hazen,Notary Public Susquehanna Twp.,Dauphin County My COMIT111MICh EX Tres Sept.23,2014 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 her Will; that she signed and executed it willingly as her free and voluntary act for the purposes therein expressed; that each of us in her sight and hearing signed the Will as witnesses, and that to the best of our knowledge, that she 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 - Sub 'be t before e . ���.�J v " ' by 4jk and fitness witnesses, on3u , 2013. n (�] Witness Notary ubli �""— COMMONWEALTH OF PENNSYLVANIA Notarial Seal Marielle F.Hazen,Notary Public Susquehanna Twp.,Dauphin County My Commission Expires Sept 23,2014 5