Loading...
HomeMy WebLinkAbout07-01-15 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 requests the grant of Letters in the appropriate form: Decedent's Information File No: _21-15 Name: Betty N.Potter (Assigned by Register) a/k/a: a/k/a: Social Security No: a/k/a: 88 Age at Death: Date of Death: 06/13/2015 County, PA (State)with his/her last , Decedent was domiciled at death in Cumberland Cumberland principal residence at VibraLife Assisted Living Facility,Mechanicsburg 17055 Upper Allen city,Township or Borougn County Street address,Post Office and Zip Code Decedent died at VibraLife Assisted Living Facility,Mechanicsburg 17055 Upper Allen Cumberland PA State Street address,Post Office and Zip Code City,Township or Borough County Estimate of value of decedent's property at death: If domiciled in Pennsylvania...................... All personal property $ 50,000.00 If not domiciled in Pennsylvania................ Personal property in Pennsylvania $ If not domiciled in Pennsylvania................ Personal property in County $ Value of real estate in Pennsylvania................................................................... $ 120,000.00 11 TOTAL ESTIMATED VALUE $ 170,000.00 Real estate in Pennsylvania situated at 3796 Elder Road Harrisburg,Swatara Township r Dauphin (Attach additional sheets,if necessary.) i--� Street address,Post Office and Zip Code City,Township or Borough= p Mnin C-- +� Q 70❑X 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,date 014N _ a—l*Codicil(s) thereto dated - as State relevant circumstances(e.g.,renunciation,death of executor,etc.) t :JJ rn Except as follows:after the execution of the instrument(s)offered for probate,Decedent did not marry,was not diuorced,was not�a to a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S.§33230 and did not"e a Ic rn or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. Q NO EXCEPTIONS ❑ EXCEPTIONS ❑ B. Petition for Grant of Letters of Administration (If applicable) c.t.a.,d.b.n.,d.b.n.c.t.a.,pedente lite,durante absentia.durante minoritate If Administration,c.t.a ord.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 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. a 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 rev.f0-11-2011 Copyright(c)2011 form software only The Lackner Group,Inc. Page 1 of 2 Official Use Only Oath of personal Representative COMmoNWEAL7N OF PENNSYLVANIA } SS'. COUNTY OF Cumberland } Petitioner(s)Printed Address Petitioner(s)Printed Name 2184 Brunswick Avenue Carl W.Potter III Mechanicsburg, PA 17055 (71'7)795-6255 ehe fore, o do r(s wi It and truly administer the estate according o law. above-named swear(s)or affirms)the statementsoD the foregoing Petition are true and correct to the best of the knowledge and The Petitioners) � IAS Date belief of Petitioner(s)and that,as Personal Representative(s)� .t J Sworn to ora firmed and subscribed before Date me thi day of Date ------- By Date For the Register To the Register of Wills: ry BOND Required? 11 YES NO Please enter my appearance by m)signature be e*'w: FEES:„ Letters................._........._ .. .. ........ $ � Attorney Signature: T- - _ o' ( )Short Certificate(s)......... n C ( )Renunciation(s)...... ....... M ( )Codicil(s)........................ ��Z; C7 ( )Affidavit(s)...................... r' e: Bradley L.Griffie-, 71� C_-� =1- —Z_;Q =*4 ... 'rt Bond.............. ............................ upreme Court —3� *! G Commission... ID Number: 34349 �= Other Firm Name: Griffie&Associati's P.C. i-- Address: 396 Alexander Spring Road,Sutie 1 Carlisle,PA 17015 Phone: 717-243-5551 Automation Fee............................ Fax: JCS Fee...................................... 'Eso TOTAL......................................... $ l��.rj0 Email: bgriffie@griffielaw.com DECREE OF THE REGISTER Date of Death: 06/13/2015 Social Security No: Estate of Betty N.Potter File No: 21-15 — 1 a/k/a: AND NOW, ,in consideration of the foregoing Petiti satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Carl W.Potter III in the above estate and(if applicable)that the instrument(s)dated 03/24/2014 described in the Petition be admitted to probate and filed of record as last Will(and Cod ici ))of Decedent. gi er of Wills Form RW-03 rev.fO111/20i1 Copyright(c)2011 form software only The Lackner Gkoup,Inc. Page A A RECORDED OFFICE OF: REGISTER OF WILLS ?OIS JUL 2 AM 9 11 J4,6,$7F 19VALIL AN\TJD TES 71'ALAV11ENT ORPHANS' COURT ,CUMBERLAND CO., PA OF BETTY N. POTTER I, BETTY N. POTTER, of 3796 Elder Road, Harrisburg, Dauphin County, Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and declare this to be my Last Will and Testament, hereby revoking and making void all previous Wills and Codicils heretofore made by me. FIRST I order and direct my Executor/Executrix hereinafter named to pay all of my just debts, funeral expenses and expenses involved or connected with the administration of ymy estate as soon after my death as is reasonably possible. I direct my Executor/Executrix d to pay all inheritance, estate, succession and legacy taxes, to which my estate or the transfer of any property hereunder may be subject, and to charge such taxes as part of the \Ixpenses of the administration of my estate, being deducted and paid from the residue of my estate and not to be deducted in any manner from any specific bequests made herein. However, my Executor/Executrix need not accelerate and pay those unmatured obligations which, in his or her opinion, it might be proper and more advantageous to retain or renew and pay as they become due and payable. If I do not own a burial plot or a GRIFFIE&ASSOCL4 TES Attorneys At Law 200 N. Hanover Street 100 Lincoln Way East, Suite D Carlisle,PA 17013 Page 1 of 8 Chambersburg,PA 17201 grave marker at the time of my death, I authorize my Executor/Executrix, in his or her sole discretion, to purchase a burial plot and to erect a suitable grave marker at my grave, and to expend sums from my estate for this purpose. SECOND I give, devise and bequeath the rest, residue and remainder of my estate of whatever nature and wheresoever situate, together with all insurance proceeds thereon, in equal shares to my children, namely, CARL W. POTTER, III, and BARBARA S. HENRY,providing they each survive me by sixty(60) days. THIRD In the event that my daughter, Barbara S. Henry, should predecease me or die on or before the sixtieth (60th) day following my death, her share of my estate that she would jSo erwise have received shall pass to her children, my grandchildren, who survive me by i y (60) days. In the event that my son, Carl W. Potter, III,predeceases me or dies on or before the sixtieth (60th) day following my death, his share of my estate that he would otherwise have received shall pass in the following shares to the following individuals: (A) FIFTY (50%) PERCENT of his distributable estate to his step-daughter, my step-granddaughter, KATIE E. LICHTY; (B) TWENTY-FIVE (25%) PERCENT of his distributable estate to his niece, my granddaughter, NICOLLE E. ESPOSITO; and (C) TWENTY-FIVE (25%) PERCENT of his distributable estate to his nephew, CODY W. HENRY. GRIME&ASSOM TES Attorneys At Law 200 N. Hanover Street 100 Lincoln Way East, Suite D Carlisle,PA 17013 Page 2 of 8 Chambersburg,PA 17201 FOURTH In the event that any of my beneficiaries have been determined to be disabled or incapacitated such that they are receiving government benefits of any nature, I specifically authorize my Executor or Executrix hereinafter named to distribute any distribution from this my Last Will and Testament that would pass to a disabled or incapacitated beneficiary into a Supplemental Needs Trust to supplement, but not replace, any such government benefits being received by that disabled beneficiary. In the event a Special Needs Trust or a Supplemental Needs Trust has already been established for such beneficiary, my Executor or Executrix is authorized to distribute the benefits due to that named beneficiary from my estate directly to that previously established Trust at my personal representative's sole discretion. FIFTH I grant my Executor/Executrix the following powers in addition to and not in limitation of such powers as my Executor/Executrix shall hold by law: (a) To retain all property received including the stock of any corporate fiduciary acting hereunder,provided such property remains productive; (b) To join in any corporation, partnership, recapitalization, merger, reorganization or voting trust plan; to delegate authority with respect thereto; to deposit investments under agreements and pay assessments; and generally to exercise all rights of investors, including but not limited to, the voting of shares; GRIME&ASSOCIATES Attorneys At Law 200 N. Hanover Street 100 Lincoln Way East, Suite D Carlisle,PA 17013 Page 3 of 8 Chambersburg,PA 17201 (c) To manage, operate, repair, improve, mortgage or lease on any terms any real estate held or owned by my estate; (d) To operate any business that I may own at my death; (e) To invest any funds of my estate in any stocks, bonds, notes or other securities or property, real or personal, without regard to the principle of diversification or any other statute or general rule of law in his, her or its absolute discretion, it being my intention to give my Executor/Executrix the broadest investment powers possible, providing such investments do not unnecessarily prevent the prompt settlement of my estate; (f) To sell or otherwise dispose of any property, real or personal, tangible or intangible, at any time forming a part of my estate in any manner and on such terms and conditions as my Executor/Executrix shall see fit in his or her absolute discretion; (g) To borrow money for the payment of taxes or for any other proper purposes in the administration of my estate, and to mortgage or pledge estate assets as security; (h) To compromise claims without court approval including, but not limited to, any controversies with the United States of America or the Commonwealth of Pennsylvania concerning estate and inheritance taxes on any interests that may pass under this my Last Will and Testament; GRIFF.IE&ASSOCL47'ES Attorneys At Law 200 N. Hanover Street 100 Lincoln Way East, Suite D Carlisle,PA 17013 Page 4 of 8 Chambersburg,PA 17201 (i) To distribute in cash or in kind upon any division or distribution of my estate. (j) To access, use and control any digital device that I may own or have license to use (such as computers, cell phones, etc.) for purposes of accessing, controlling, deleting, transferring and distributing any digital asset and digital account that I may own or have license to use, to the extent then authorized by law. My Executor/Executrix has authority to obtain any username, login, password or other electronic credential associated with any of my digital devices, digital assets and digital accounts; (k) To undertake any and all acts deemed necessary and proper by my Executor/Executrix for the proper, advantageous and prompt management of the settlement of my estate; (1) To disclaim any benefits to which I may have been entitled posthumously, r whether said benefits result from distribution from an estate, trust or any other y ' such account; and (m) In general, to exercise all powers in the management of my estate which any individual could exercise in the management of similar property owned in his own right, upon such terms and conditions as to him, her or it may seem best and to execute and deliver all instruments and to do all acts which he, she or it deems necessary or proper to carry out the purposes of this, my Last Will and Testament. GRIFFIE&ASSOCIATES Attorneys At Law 200 N. Hanover Street 100 Lincoln Way East, Suite D Carlisle,PA 17013 Page 5 of 8 Chambersburg,PA 17201 SIXTH No interest of any beneficiary of my estate, either in income or in principal, shall be subject to anticipation or pledge, assignment, sale or transfer in any manner, nor shall any beneficiary have the power in any manner to charge or encumber his interest either in income or principal, nor shall the interest of any beneficiary be liable or subject in any manner while in the possession of my Executor/Executrix for the liability of such beneficiary. SEVENTH I nominate, constitute and appoint my son, CARL W. POTTER, III, as Executor of this my Last Will and Testament. In the event my son is deceased, unable or unwilling to serve or shall cease to serve for any reason whatsoever, then I nominate, constitute and appoint my daughter, BARBARA S. HENRY, as Executrix of this my Last Will and Testament. I direct that my Executor/Executrix shall not be required to give or post bond for the faithful performance of his or her duties in this or any other jurisdiction. EIGHTH I hereby declare it to be my expressed desire that my Executor/Executrix employ the law firm of Griffie & Associates, of Carlisle, Pennsylvania, for legal advice and assistance regarding this my last Will and Testament, they having considerable knowledge of my affairs, views and wishes respecting any matters that may arise at the probate of this instrument, the administration of my estate, and the execution of the powers herein mentioned. GRIFFIE&ASSOCIATES Attorneys At Law 200 N. Hanover Street 100 Lincoln Way East, Suite D Carlisle,PA 17013 Page 6 of 8 Chambersburg,PA 17201 IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and Testament, consisting of eight (8) typewritten pages, the first six (6) of which bear my signature on the side margin, for purpose of identification, this '� � day of f - , 2014. WITNESS: BETTY N. POTTER GRIFFIE&ASSOMTES .Attorneys At Law 200 N. Hanover Street 100 Lincoln Way East,Suite D Carlisle,PA 17013 Page 7 of 8 Chambersburg,PA 17201 ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA: : SS. COUNTY OF CUMBERLAND I, BETTY N. POTTER, the Testatrix whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will and Testament; that I signed it willingly, and that I signed it as my free and vounact for the purposes therein expressed. eTTYIN. POIIT TER Sworn or affirmed and acknowledged before me by the Testatrix this day of 2014. NOTARIAL SEAL ROBIN J.BASSETT,Notary Public CARLISLE BOROUGH,CUMBERLAND CO. Commission Fxpires Apr.'17,2015 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA: . SS. COUNTY OF CUMBERLAND WE, kol1v L, A r and " 64" P the witnesses whose nAies are attached to the foregoing docume t, being duly qualified according to law, do depose and say that we were present and saw the Testatrix sign and execute the instrument as her Last Will and Testament; that she signed willingly and that she executed it as her free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the Testatrix signed the Last Will and Testament as witnesses and that to the best of our knowledge the Testatrix was at the time 18 or more years of age, of sound mind and under no constraint Dor undue influence. Off _ Sworn or affirmed and subscri me by it, z. and this day of 2014. NOTARIAL L ROBIN J.BASSEfT,Notary Public Notary Public CARLISLE BOROUGH,CUMBERLAND CO. COMMISMOi',Expires Apr.17,2015 GRIFFIE&ASSOCIATES Attorneys At Law 200 N. Hanover Street 100 Lincoln Way East, Suite D Carlisle,PA 17013 Page 8 of 8 Chambersburg,PA 17201