HomeMy WebLinkAbout06-26-15 PETITION FOR GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Petitioncr(s) named below, who is/are 18 years of age or older, apply(ies) for Letters as specified below, and in
support tl�ereof aver(s) the followin�and respectfully request(s)the grant of Letters in the appropriate form:
Decedent's Information ��
Name: Alberta Lorraine Kennard File No: �'� ���t,1 ' 7�/�
a/k/a: (Assigned by Register)
a/k/a:
���v�� Social Sec�ur•ity No:
Date of'Death: 05/31/2015 Age at death: 87
llecedent was domiciled at death in Cumberland County, Pennsvlvania (Srure) with his/her last �
principal residence at 100 Mt.Allen Drive 17055 Mechanicsburq Cumberland
Street address,Post Office and Zip Code City,Township or Borough County
Decedent died at 100 Mt. Allen Drive 17055 Mechanicsburq Cumberland PA
Street address,Post Office and Zip Code City,Township or Boruu�h County State
EStimatc of value ofdecedent's property at death:
/f doiniciled in Penns��(i�ruriu.. . . . . . . . . . . . . . . ... . . .. . . . .. All personal properry $ 9�0,000.00
//not domiciled in Pennsyli�rurin. .. . . .. . .. . . . . . . . . . . . . . . Persoi�al properry in Pennsyl��ania $
/f not dor�iici/ed iir Pennsylnania. . . . . . . . .. . . .. . . . . . .. . . . Persot�al property in County $ �
Vuhreofrenlestutein Pennsy(nnnia.. . . . . .. . . .. . ... .... ....... ... ....... . . .... . .... ... . .. .. . $ Q
TOTAL ESTIMATED VAi.C'E. . . . $ 900.000.00
Real estate in Pennsylvania situated at: N/A
/Auach odditionnl sheets,i/'necessary.) Street address,Post Office and Zip Code CiC,y,Township or Borough County
❑✓ A. Petition for Probate and Grant of Letters Testamentarv
Petitioncr(s)aver(s)he/she/they is/are tl�e Executor(s)named in the last Will of the Decedent,dated 09/03/2009 and Codicil(s)
diercto dated N/A
State relevant circumstances(e.g.renunciation,death of executnr,r�tc.)
Except as fol lows: after the execution of the instrument(s)offered for probate Decedent did not man-y,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. 1 3323(g),and did not have a child born or
adopted;a��d Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person.
�n�o�xcEPTions ❑Exc�PT�oNs
❑ B. Petition for Grant of Letters of Administration (Ifapplicable)
c.t.a.,d.b.n., d.b.n.c.t.a.,penr(ent��lite, durante absentia,dzrrante minoritate
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 a pending divorce proceeding wherein the grouneis for divorce had been established as defined
in 23 Pa.C.S. ti 3323(g)and was neither the victim of a killing nor ever adjudicated an incapac�itated person.
❑NO EXCEPTIONS �EXCEPTIONS
Petitioner(s),after a proper search has/have ascertained that Decedent lefr no Will andwas survived by the following spouse(if any)and heirs(attach
additional sheets, iJ�necessary):
Name Relationshi Address
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Oath of Personal Representative Official Use Only
COMMONWEALTH OF PENNSYLVANIA I
SS:
COUNTY OF Cumberiand
Cs t-7
Petitioner(s)Printed Name Petitioner(s)Printed Address 06
Norman J. Kennard 485 Countryside Lane, Harrisburg, PA 17112
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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 kiiowlq�g and�2lie�
of Petitioner(s)and that,as Personal Representative(s)of the Decedent,the ne s)will well and truly administer the estate according to law.
f:' ' e Dscjibed bg4re
Sworn I I rm d aiuJ_,_4&Wb /24
Sworn Aoa W s Date o6 17 o/_S�
th
me Ih** d y of Ile, Date
BY: Date
the,R gister Date
BOND Required:7 YES 7NO To the Register of Wills:
FEES: Please enter my appearance by my signature below:
ab
LetteAttorney Signature:
Short'Certificate(s). . . M-.0
Renunciation(s).. . . . . .
Codicil(s). . . . . . . . . . . . .
Affidavit(s).. . . . . . . . . . .
Bond.. , . . . . . . . . . . . . . . . . . . . . Printed Name:
Commission. Supreme Court
Q t h 0'r ID Number:
W)
. . . . . . . . Firm Name:
Address:
ti7
.. . . . . . Phone:
Automation Fee. . . . . . . . . . Fax:
JCS Fee.
Email:
TOTAL. . . . . . . . . . . . . . . . . . . . .
DECREE OF THE REGISTER
Estate of
a/k/a: �r'rQrYNfiennart;L File No:
AND NOW,,_)U'\-\'1 in consideration of the foregoing Petition,
satisfactory proof having been presented before me,IT IS DECREED that Letters
are hereby granted to I-Inan Kz17 n al-n—
in the above estate and(if applicable) that
the instrument(s)dated �T) QnAer :i3i aidlIV
described in the Petitionbe aamitted to probate and filed of record as the las Codicil I(s))of Decedent.
L
Register of Wills -DOI
Form RW-02 rev. 1011112011 Z;Page 2 of 2
LAST WILL AND TESTAlV1ENT
OF
ALBERTA L. KENNARD
I,ALBERTA L.KENNARD,a resident of Sarasota,Florida,do make,publish
and declare this to be my Last Will and Testament, hereby revoking all former wills and
codicils.
I.
DECLARATIONS
I am a widowed woman. I have three(3)children: NORMAN J.KENNARD,
KATHLEEN M. HURST and ELAINE M. SCHOCH. Except as otherwise qualified, the
words "child" or"children" when used in this Will shall mean all my above named children.
The word "descendants" when used in this Will shall mean all of the person's lineal
descendants of all generations,except those who are descendarits of a living descendant,with
the relationship of parent and child at each generation being determined under governing law.
To be a descendant by virtue of adoption, the person must be adapted while a minor.
II.
PAYMENT OF DEBTS
I direct payment of all debts enforceable against ine during my lifetim�hich �
� ense��f m�' �'
are presented in a timely manner during the administration of my estate, t�e �p � y�, �
Drafted b ' �, c.�, �� ��-t
Y� _
KimberlyA.Colgate,J.D.,LL.M _ a� ,l
-,ti
7711 Holiday Drive _ , --� --,1
Sarasota,FL 34231 � --� : c�7
941-927-2996 _ � � �`�
''-" Cl� ...
.. ,
FAX: 941-922-6569 _ Y_�� , �� O
Email: kcolgate@FLLAWYER.com ~
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last illness and funeral, burial, cemetery marker, cremation or other disposition of my body,
and the expenses of administration of my estate,provided that if any properly (including life
insurance)owned by me jointly,or individually,passing under tllis Will or otherwise,shall be
encumbered by a mortgage, pledge, security interest, loan, lien or unpaid taxes, the
indebtedness secured by such encumbrance shall not be charged to or paid by my estate but
such properly shall pass subject to all encumbrances existing at�ny death.
III.
TAXES
All inheritance,estate,succession,transfer and other death taxes,both federal
and state, including any interest or penalties thereon,charged against my estate or any person
or entity,which become payable by reason of my death,whether in respect to properiy passing
under this Will or otherwise, except any taxes imposed on any generation-skipping transfer
under Chapter 13 of the United States Internal Revenue Code of 1954, as amended, or any
corresponding provision of any future United States law, and except taxes attributable to any
taxable power of appointment I have, shall be paid out of the residue of my probate estate
without apportionment and no part thereof shall be charged back or imposed on any such
person or entity. My Personal Representative shall have the power to select tax years and
make all other decisions and elections permitted under any applicable income, estate or
Drafted by:
Kimberly A.Colgate,J.D.,LL.M
7711 Holiday Drive
Sazasota,FL 34231
941-927-2996
FAX: 941-922-6569
Email: kcolgate@FLLAWYER.com
2
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inheritance tax law, including the imposition of a lien on estate assets to secure tax payments,
without regard to the effect thereof, if any, on any devisee of my estate, and, if any such
decision or election shall be made, to apportion, or refrain from apportioning, the
consequences thereof among the devisees of my estate, all in such manner as my Personal
Representative shall deem appropriate. If my Personal Representative in good faith decides
that there is uncertainty as to the inclusion of particular property in my gross estate for federal
estate tax purposes,then such property may, in the discretion of my Personal Representative,
be excluded from my gross estate in my federal estate tax return. r['he decision of my Personal
Representative as to the date which should be selected for the valuation of property in my
gross estate for federal estate tax purposes shall be conclusive on all concerned.
N.
SPECIFIC DEVISES OF TANGIBLE PERSONAL PROPERTY
(1)I devise to my children all my clothing,jewelry,watches,household goods,
personal effects,motor vehicles,household furniture and fixtures,dishes,china,silver,athletic
and sporting equipment,books,collections,yard and maintenance equipment,tools,works of
art, antiques, and all other tangible personal properiy(excluding therefrom tangible personal
property owned by me and used in connection with any business I may own) not heretofore
specifically devised or otherwise effectually disposed of, such items hereinafter referred to
Drafted by:
Kimberly A.Colgate,J.D.,LL.M
7711 Holiday Drive
Sazasota,FL 34231
941-927-2996
FAX: 941-922-6569
Email: kcolgate@FLLAWYER.com
3
—,.«u�,�l"i�9r�a�.....�,..�,��llil�' +
collectively as my"personal property". Further,I may leave a list or other document directing
certain items of my personal property to particular children or other persons. If I do this, I
request that my bequests be honored. If my children can not agree on how to divide and
distribute my tangible personal properly within six(6)months of my death,I hereby direct my
Personal Representative to sell any disputed items. The net proceeds shall be distributed
according to the provisions of Article V. Any items of tangible personal property which the
children do not take as a devise, shall be sold, and the net proceeds shall be distributed
according to the provisions of Article V.
(2) All expenses incurred in the safeguarding my tangible personal properly,
including, storage, packing and insurance expenses, shall be treated as an expense of the
administration of my estate and shall not be charged against the devisee who receives such
tangible personal property. Any shipping expenses shall be incurred by the devisee.
(3)I devise all of my insurance policies which provide indemnity for the loss of
any of my personal or real property by fire,windstorm or other similar casualty(including any
claim for the loss of any such property which I might have at the time of my death against any
insurance company) to those persons or entities who shall become the owners of such
properties by reason of my death,whether such ownership be acquired under the provisions of
this Will or otherwise.
Drafted by:
Kimberly A.Colgate,J.D.,LL.M
7711 Holiday Drive
Sarasota,FL 34231
941-927-2996
FAX: 941-922-6569
Email: kcolgate@FLLAWYER.com
4
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V.
RESIDUARY DEVISE
I devise to NORMAN J. KENNARD, as Trustee of the ALBERTA L.
KENNARD REVOCABLE TRUST, the residue of my estate, being all of my properiy not
effectually devised above,real and personal,tangible and intangible,of whatsoever nature and
wherever situated, to which I may be entitled, but excluding all property over which I have a
power of appointment, it being my intention not to exercise any such power.
If the ALBERTA L. KENNARD REVOCABLE TRUST has ceased to exist, then I
devise said residue in equal shares to my children, per stirpes.
VI.
SURVIVORSHIP
Any devisee of this Will who dies within sixty(60)days after my death shall be
deemed to have failed to survive me and this Will shall be interpreted and my estate
administered as though I had survived such devisee.
Drafted by:
Kimberly A.Colgate,J.D.,LL.M
7711 Holiday Drive
Sarasota,FL 34231
941-927-2996
FAX: 941-922-6569
Email: kcolgate@FLLAWYER.com
5
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VII.
ADMINISTRATIVE POWERS OF PERSONAL REPRESENTATIVE
I give to my Personal Representative, in addition to and not in limitation of all
common law and statutory powers,the following powers: to retain any estate asset at any time
received, for such period as my Personal Representative shall deem advisable; to invest or
reinvest in any property,real or personal;to sell,exchange,lease, give options upon,partition
or otherwise dispose of any property, real or personal, in my estate, at public or private sale,
without regard to the necessity of such sale for the purpose of paying debts,taxes or legacies,
for cash or other consideration or on credit and upon such terms and conditions as my Personal
Representative deems advisable;to adjust, compromise and settle all matters of business and
claims in favor of or against my estate; to insure, repair, maintain and preserve properiy; to
retain and continue any business or business interest in which I am engaged or which I own;to
give proxies and hold or register securities in the name of a nominee,a securities depositor,or
in any other form convenient for my estate;to exercise any stock option or any other kind of
option; to join in mergers, reorganizations, joint creditors actions, or other similar
arrangements; to allocate and apportion receipts and disbursements to income or principal
reasonably and in accordance with sound estate accounting principles;to sue for tax refunds;
to borrow in the name of my estate, including the right to borrow from a corporate Personal
Representative or any affiliate,and in connection therewith,to martgage,pledge or encumber
Drafted by:
Kimberly A.Colgate,J.D.,LL.M
7711 Holiday Drive
Sarasota,FL 34231
941-927-2996
FAX: 941-922-6569
Email: kcolgate@FLLAWYER.com
6
�m i�r ir__e_r inr °
estate assets,provided my Personal Representative shall not be personally liable and that any
such loan shall be payable out of estate assets only;to join in the tiling of joint income or gift
tax returns with my husband;to petition for the appointment of or actually appoint an ancillary
estate fiduciary and to pay the expenses of ancillary administration;to distribute my estate in
cash or in kind, or partly in cash and partly in kind, as my Personal Representative deems
advisable, and to satisfy a specific dollar amount devise in kind, in the discretion of my
Personal Representative, and, for purposes of distribution, to value assets reasonably and in
good faith as of the date of distribution,provided that my Personal Representative shall not be
required to distribute a proportionate amount of each asset to each devisee but may instead
make non pro-rata distributions, and provided further, that in making distributions, my
Personal Representative may,but shall not be required to,take account of the income tax basis
in relation to market value of assets distributed;to distribute assets directly to the devisee,to a
legally appointed Guardian or Conservator or,whereby permitted by law,to a custodian under
any Uniform Gifts to Minors Act, including a custodian selected by my Personal
Representative;and to do any and all things necessary or proper to complete the administration
of my estate, all as fully as I could do if living. All such powers may be exercised without
application to any court and shall be exercisable by any alternate, survivor or successor
Personal Representative(s).
Drafted by:
Kimberly A.Colgate,J.D.,LL.M
7711 Holiday Drive
Sarasota,FL 34231
941-927-2996
FAX: 941-922-6569
Email: kcolgate@FL.LAWYER.com
7
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VIII.
PERSONAL REPRESENTATIVE
I my son,NORMAN J. KENNARD as Personal Representative.
..........................................................................
[Go to Signature Pages]
Drafted by:
Kimberly A.Colgate,J.D.,LL.M
7711 Holiday Drive
Sarasota,FL 34231
941-927-2996
FAX: 941-922-6569
Email: kwlgate@FLL,AWYER.com
g
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IN WIT`NESS WHEREOF, I have set my hand and seal to this, my Last Will
and Testament, consisting of this and the preceding eight (8) typewritten pages, and the
witness provisions hereinafter,and for the purpose of identification I have signed this and the
preceding pages, all in the presence of the persons witnessing it at my request at
Sarasota County, Florida, on this 3rd day of September, 2009.
i ,' % '��,
� ��� � �-: ;� �,���
ALBERTA L. KENNARD
On this 3rd day of September,2009,ALBERTA L. KENNARD declared to us,
the undersigned,that the foregoing instrument consisting of these witness provisions and the
foregoing eight (8) pages, was her Last Will and Testament and she requested us to act as
witnesses to the same and to her signature thereon. She thereupon signed said Will in our
presence,we being present at the same time. We now, at her request, in her presence, and in
the presence of each other,do hereunto subscribe our names as witnesses. We and each of us
declare that we believe this Testatrix to be of sound mind and memory.
WITNESSES: �./�
A,,�...,...- _ Z" ,. _ G-�'-�
�'`:..� - -
CHER CARRILL -
` � ��
�
SUZ E M. PITERA
Drafted by:
Kimberly A.Colgate,J.D.,LL.M
7711 Holiday Drive
Sarasota,FL 34231
941-927-2996
FAX: 941-922-6569
Email: kcolgate@FLLAWI'ER.com
9
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STATE OF FLORIDA
COUNTY OF SARASOTA
We,ALBERTA L.KENNARD,CHERYL CARRILLO,and SUZANNE M.PITERA,the
Testatrix and the witnesses,respectively,whose names are signed to the attached or foregoing
instrument, having been sworn, declared to the undersigned officer that the Testatrix, in the
presence of witnesses, signed the instrument as the Testatrix's I,ast Will, that the Testatrix
signed, and that each of the witnesses, in the presence of the Testatrix and in the presence of
each other, signed the Will as a witness.
-, >
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_.___.__ .
Witness-C R L `--��-. ALBERTA L. KENNARD
� ,/lY�-'
Witness UZANNE M. PITERA
Subscribed and sworn to before me by ALBERTA L. KENNARD,the Testatrix
�ho is personally known to me or []who has produced _ as
identification,and by CHERYL CARRILLO,a witness who is personally known to me and by
SUZANNE M. PITERA, a witness who is personally known to me, on this 3`d day of
September, 2009.
�„r
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a�,l'>;.y,,,, KIiv1B�RLY A.GOLCa�1TE� ' '
° �:� n�+v coM�r��ssioN���azr��� KIMB ��A. COLGATE
�"� ' FXPiRES.Fe��,!ary 18 20;1
,,-,,
F�o � � ��e�Tr��N����P�b���u��e�,r�'�'S Signature ofNotary Public
Sarasota County, Florida
My Commission Expires:
Drafted by:
Kimberly A.Colgate,J.D.,LL.M
7711 Holiday Drive
Sarasota,FL 34231
941-927-2996
FAX: 941-922-6569
Email: kcolgate@FLLAWYER.com
1�
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