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HomeMy WebLinkAbout05-26-15 PETITION FOR fJ k-kNT OF LETTERS REGISTER OF WILLS OF �v�� \� COUNTY,PENNSYLVANIA Petitioner(s) named below, who is/are 18 years of ave or older, apply(les) 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 1 /� Name: File No: ( - ��' 0�'/� a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: Age at death: Decedent was domiciled at death inC," County, �1�% (state) with his/ er last principal residence at Street address,Post Office and Zip Code City,Townshi or orough County Decedent died at y&-e V, k Street address,Post Office and Zip Code ' City,Township or Aorough County Statc Estimate of value of decedent's property at death: If domiciled in Pettnsylvania............................ All personal Property If not domiciled in Pennsylvania. ....................... Personal property in Pennsylvania $ T_ If not domiciled in Pennsylvania. ....................... Personal property in County $ Value of real estate in Pettnsylvania........................... ..................... ......... $ _ TOTAL ESTIMATED VALUE. ... Real estate in Pennsylvania situated at: (Attach additional sheets,ifnecessary.) 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)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated "Ski and Codicil(s) thereto dated State relevant circumstances(e.g.renunciation,death ofexecator,etc.) a � Except as follows: after the execution of the instniment(s)offered for probate Decedent did not marry,wa<'2tn t divorced,wHTot a p y pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S.§ 3 and did havQ clMd born or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. R =2 tt x NO EXCEPTIONS F-1 EXCEPTIONS rnl ❑ B. Petition for Grant of Letters of Administration (If applicable) c•.t.a.,d.b.n.,cl.b.n.c.ta.,penclente lite,ilut'ant"bsentirv3durwae1-23014tate :..� -n If Administration,c.t.a. or ti b.n.c.t.a.,enter date of Will in Section A above and complete list taeirs.- rn Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divorce had been esfablislft?as,defined in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated persona t'� NO EXCEPTIONS ❑EXCEPTIONS Petition::r(s),after a proper search has/have ascertained that Decedent left no Will and wa. ;oivived by the following spouse(if any)and heirs(attach additional sheets, ifnecessary): Name Relationship Address Fora,RW-o? rei,.101112011 Page 1 of 2 Oath of Personal Representative Official Use Only COMN[ONWEALTFI OF PENNSYLVANLA } • \ } SS: COUNTY OF �.,V ` ��� } Petitioner(s)Printed Name Petitioner(s)Printed Address 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 Representative(s)of rizeDecedent,the Petitioner(s)will well and truly administer the estate according to law. Sworn to r firme a subscri b ore � ol�w� Date �j ze.thi d of, Date Date For the Resister Date BOND Required:DYES 424 To the Register of Wills: FEES: Please enter my appearance by my signature below: Lets, . . . . . . . . . . . . . . . . . . . . . $ Attorney Signature: ( ) Short Certificatc(s). . . . . . ( ) Renunciation(s).. . . . . . . . ( ) Codicil(s). . . . . . . . . . . . . o7 ( )Affidavit(s). . . . . . . . . . . . C Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: _ G7 Commission. . Supreme Court N C Other 15.0b ID Number: 71 t_. I x a p7 t:;:t . . . . . . Firm Name: Address: C) — rl . . . . . . . . Phone: Automation Fee. . . . . . . . . . . . . . . Fax: JCS Fee. . . . . . . . . . . . . . . . . . . . . Email: TOTAL. . . . . . . . . . . . . . . . . . . . . S S DECREE OF THE REGISTER r / Estate of mJ IFile No: a/k/a: AND NOW, /y _ in considers ion of the foregoing Petition, satisfactory proof having been pros ted before me,IT ISD BREED that etters'77ZC2iL are hereby granted to / in the above estate and(t applicable)that the instrument(s) dated S described in the Petition be Admitted to probate and filed of record as the last Will (and Codicil(s))of Decedent. e ' ter of Wills -lj' t ' Forni Rrw-n2 rev. 10/11/2011 Page 2 of 2 LAST WILL AND TESTAMENT OF REX ALLEN CUFF I, Rex Allen Cuff,presently of Mechanicsburg, Pennsylvania, declare that this is my Last Will and Testament. PRELD IINARY DECLARATIONS Prior Wills and Codicils 1. I revoke all prior Wills and Codicils. I Marital Status ; nn 2. I am not married or in a common law relationship. � � ar, 0 Current Children 0 0 �3 3. I have the following living children: n - Danielle uff, f Huntington , 0 C , o unt ngton ,Pennsylvania; - Jenna Cuff, of Bloomsburg,Pennsylvania; - Rex Cuff, Jr., of Huntington,Pennsylvania; Alexandra Cuff, of Mechanicsburg,Pennsylvania; and Ryan Cuff, of Mechanicsburg,Pennsylvania. 4. The term'child' or'children' as used in this my Will includes the above listed children and any children of mine that are subsequently born or legally adopted. EXECUTOR Definition 5. The expression'my Executor'used throughout this Will includes either the singular or plural number, or the masculine or feminine gender as appropriate wherever the fact or context so requires. The term 'executor'in this Will is synonymous with and includes the terms 'personal representative' and'executrix'. Last Will and Testament Page 2 of 9 Appointment 6. I appoint Tamera L. Jones of Mechanicsburg, Pennsylvania as the sole Executor of this my Will. 7. No bond or other security of any kind will be required of any Executor appointed in this my Will. Powers of My Executor 8. 1 give and appoint to my Executor the following duties and powers with respect to my estate: a. To pay my legally enforceable debts, funeral expenses and all expenses in connection with the administration of my estate and the trusts created by my Will as soon as convenient after my death. If any of the real property devised in my Will remains subject to a mortgage at the time of my death,then I direct that the devisee taking that mortgaged property will take the property subject to that mortgage and that the devisee will not be entitled to have the mortgage paid out or resolved from the remaining assets of the residue of my estate; b. To take all legal actions to have the probate of my Will completed as quickly and simply as possible, and as free as possible from any court supervision,under the laws of the Commonwealth of Pennsylvania; C. To retain,exchange, insure, repair, improve, sell or dispose of any and all personal property belonging to my estate as my Executor deems advisable without liability for loss or depreciation; d. To invest,manage, lease,rent, exchange,mortgage, sell, dispose of or give options without being limited as to term and to insure,repair, improve, or add to or otherwise deal with any and all real property belonging to my estate as my Executor deems advisable without liability for loss or depreciation; e. To purchase,maintain, convert and liquidate investments or securities, and to vote stock, or exercise any option concerning any investments or securities without liability for loss; f. To open or close bank accounts; g. To maintain, continue, dissolve, change or sell any business which is part of my estate, or to purchase any business if deemed necessary or beneficial to my estate by my Executor; Last Will and Testament Page 3 of 9 h. To maintain, settle, abandon, sue or defend, or otherwise deal with any lawsuits against my estate; i. To employ any lawyer, accountant or other professional; and j. Except as otherwise provided in this my Will, to act as my Trustee by holding in trust the share of any minor beneficiary, and to keep such share invested,pay the income or capital or as much of either or both as my Executor considers advisable for the maintenance, education, advancement or benefit of such minor beneficiary and to pay or transfer the capital of such share or the amount remaining of that'share to such beneficiary when he or she reaches the age of majority or, during the minority of such beneficiary, to pay or transfer such share to any parent or guardian of such beneficiary subject to like conditions and the receipt of any such parent or guardian discharges my Executor. 9. The above authority and powers granted to my Executor are in addition to any powers and elective rights conferred by state or federal law or by other provision of this Will and may be exercised as often as required, and without application to or approval by any court. DISPOSMON OF ESTATE Distribution of Residue 10. To receive any gift or property under this Will a beneficiary must survive me for thirty(30)days. Beneficiaries of my estate residue will receive and share all of my property and assets not specifically bequeathed or otherwise required for the payment of any debts owed, including but not limited to, expenses associated with the probate of my Will,the payment of taxes, funeral expenses or any other expense resulting from the administration of my Will. The entire estate residue is to be divided between my designated beneficiaries with the beneficiaries receiving a share of the entire estate residue. All property given under this Will is subject to any encumbrances or liens attached to the property. 11. I direct my Executor to distribute the residue of my estate as follows ("Share Allocations"): a. All of the residue of my estate to Tamera Jones of Mechanicsburg,Pennsylvania, for their own use absolutely. Last Will and Testament Page 4 of 9 12. If none of my named beneficiaries survives me or does not leave an heir or issue who survives me,then I give,devise, and bequeath all of the rest,residue, and remainder of my estate, of whatever kind and character, and wherever located, according to the order of intestate succession in the Commonwealth of Pennsylvania. TESTAMENTARY TRUST Testamentary Trust For Minor Beneficiaries 13. It is my intent to create a testamentary trust(the "Testamentary Trust") for each minor beneficiary named in this my Will. I name my Executor(s) as trustee(the "Trustee") of any and all Testamentary Trusts required in this my Will. Any assets bequeathed,transferred, or gifted to a minor beneficiary named in this my Will are to be held in a separate trust by the Trustee until that minor beneficiary reaches the designated age. Any property left by me to any minor beneficiary in this my Will shall be given to my Executor(s)'to be managed until that minor beneficiary reaches the age of majority. Trust Administration 14. The Trustee shall manage the Testamentary Trust as follows: a. The assets and property will be managed for the benefit of the minor until the minor reaches the age set by me for final distribution; b. Upon the minor reaching the age set by me for final distribution, all property and assets remaining in the trust will be transferred to the minor beneficiary as quickly as possible; and C. Until the minor beneficiary reaches the age set by me for final distribution,my Trustee will keep the assets of the trust invested and pay the whole or such part of the net income derived therefrom and any amount or amounts out of the capital that my Trustee may deem advisable to or for the support,health,maintenance, education, or benefit of that minor beneficiary. 15. The Trustee may, in the Trustee's discretion, invest and reinvest trust funds in any kind of real or personal property and any kind of investment,provided that the Trustee acts with the care, skill, prudence and diligence,considering all financial and economic considerations,that a prudent person acting in a similar capacity and familiar with such matters would use. Last Will and Testament Page 5 of 9 16. No bond or other security of any kind will be required of any Trustee appointed in this my Will. Trust Termination 17. The Testamentary Trust will end after any of the following: a. The minor beneficiary reaching the age set by me for final distribution; b. The minor beneficiary dies; or C. The assets of the trust are exhausted through distributions. General Trust Provisions 18. The expression'my Trustee'used throughout this Will includes either the singular or plural number, or the masculine or feminine gender as appropriate wherever the fact or context so requires. (1)Powers of Trustee To carry out the terms of my Will,I give my Trustee the following powers to be used in his or her discretion at any time in the management of a trust created hereunder,namely: a. The power to make such expenditures as are necessary to carry out the purpose of the trust; b. Subject to my express direction to the contrary,the power to sell, call in and convert into money any trust property, including real property,that.my Trustee in his or her discretion deems advisable; C. Subject to my express direction to the contrary,the power to mortgage trust property where my Trustee considers it advisable to do so; d. Subject to my express direction'to the contrary, the power to borrow money where my Trustee considers it advisable to do so; e. Subject to my express direction to the contrary, the power to lend money to the trust beneficiary if my Trustee considers it is in the best interest of the beneficiary to do so; Last Will and Testament Page 6 of 9 f. To make expenditures for the purpose of repairing, improving and rebuilding any property; g. To exercise all rights and options of an owner of any securities held in trust; h. To lease trust property, including real estate,without being limited as to term; i. To make investments he or she considers advisable,without being limited to those investments authorized by law for trustees; j. To receive additional property from any source and in any form of ownership; k. Instead of acting personally,to employ and pay any other person or persons, including a body corporate,to transact any business or to do any act of any nature in relation to a trust created under my Will including the receipt and payment of money, without being liable for any loss incurred. And I authorize my Trustee to appoint from time to time upon such terms as he or she may think fit any person or persons, including a body corporate, for the purpose of exercising any powers herein expressly or impliedly given to my Trustee with respect to any property belonging to the trust; 1. Without the consent of any persons interested in trusts established hereunder,to compromise, settle or waive any claim or claims at any time due to or by the trust in such manner and to such extent as my Trustee considers to be in the best interest of the trust beneficiary, and to make an agreement with any other person,persons or corporation in respect thereof, which shall be binding upon such beneficiary; M. To make or not make any election, determination, designation or allocation required or permitted to be made by my Trustee(either alone or jointly with others)under any of the provisions of any local, state, federal, or other taxing statute, in such manner as my Trustee, in his or her absolute discretion,deems advisable, and each such election, determination, designation or allocation when so made shall be final and binding upon all persons concerned; n. To pay himself or herself a reasonable compensation out of the trust assets; and o. To employ and rely on the advice given by any attorney, accountant, investment advisor, or other agent to assist the Trustee in the administration of this trust and to compensate Last Will and Testament Page 7 of 9 them from the trust assets. The above authority and powers granted to my Trustee are in addition to any powers and elective rights conferred by statute or federal law or by other provision of this Will and may be exercised as often as required, and without application to or approval by any court. (2)Other Provisions a. Subject to the terms of this my Will, I direct that my Trustee will not be liable for any loss to my estate or to any beneficiary resulting from the exercise by him or her in good faith of any discretion given him or her in this my Will; b. Any trust created in this Will shall be administered as independently of court supervision as possible under the laws of the State having jurisdiction over the trust; and C. If any trust condition is held invalid, it will not affect other provisions that can be given effect without the invalid provision. GENERAL PROVISIONS Individuals Omitted From Bequests 19. If I have omitted to leave property in this Will to one or more of my heirs as named above the failure to do so is intentional except as otherwise expressly provided in this my Will. Insufficient Estate 20. If the value of my estate is insufficient to fulfill all of the bequests described in this Will then I give my Executor full authority to decrease each bequest by a proportionate amount. No Contest Provision 21. If any beneficiary under this Will contests in any court any of the provisions of this Will,then each and all such persons shall not be entitled to any devises, legacies,bequests, or benefits under this Will or any codicil hereto, and such interest or share in my estate shall be disposed of as if that contesting beneficiary had not survived me. Last Will and Testament Page 8 of 9 Severability 22. If any provisions of this Will are deemed unenforceable, the remaining provisions will remain in full force and effect. IN WITNESS WHEREOF, I have signed my name on this the � Say of April, 2015, at Mechanicsburg,Pennsylvania, declaring and publishing this instrument as my Last Will, in the presence of the undersigned witnesses, who witnessed and subscribed this Last Will at my request, and in my presence. f - Rex Allen Cuff(Testator) Signature SIGNED AND DECLARED by Rex Allen Cuff on the day of April, 2015 to be their Last Will, in our presence, at Mechanicsburg,Pennsylvania,who at their request, in their presence and in the presence of each other, all being present at the same time,have signed our names as witnesses.' itn s#1 Signatu t es #2 Si atufve W' ess#11 Name(Please PrAnt) Witness#2 Nam sme ��e /Uf t AJ— Vmt WIX, Witness#1 Street Ad ess j W'tness A.2 Street Address a- Witness#1 City/S to Witness#2 City/State Last Will and Testament Page 9 of 9 AFFIDAVIT STATE OF PE �SYL A A COUNTY OF I c I,Rex Allen Cuff,the Testator,sign my name to this instrument this , Y of / 201�—, and being first duly sworn,declare to the undersigned authority all of the followin : 1.I execute this instrument as my Last Will. 2. I sign this Last Will willingly,or willingly direct another to sign for me. 3. I execute this Last Will as my free and voluntary act for the purposes expressed therein. 4. I am 18 years of age or older,of sound mind and under no constraint or undue influence. Testator: / 6 1 4 aiv— We, and �� t OGI� a witnesses,being first duly sworn,sign our names to th s instrument and declare to th ndersigned authori all of the following: 1. The Testator executes this instrument as their Last Will. 2.The Testator signs it willingly,or willingly directs another to sign for them 3. Each of us,in the conscious presence of the Testator,signs this Last Will as a witness. 4. To the best of our knowledge,the Testator is 18 years of age or older,of sound mind and under no constraint or undue influence. Wi ess#1 ess#2 ubsc 'be and worn to before me by Rex All Cuff,the Testator,and by and witnesses,this�y of f ,20 . (SeaCOMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL ( igUd) Andrea L.Wingard,Notary Public " East Pennsboro Twp.,Cumberland County My Commission Expires May 11,2018 ►�` MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES (Official cp ity of officer) ©2002-2015 LawDepot.comTm