HomeMy WebLinkAbout08-05-15 PETITI v FOR.((GRANT OF ETTERS
REGISTER OF WILLS OF M, rJ�l COUNTY,PEVNSYLVANIA
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
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Name: -S t_Q y) K aA-o Y, , n� �rn�'� File No: z
a/k/a: �— (Assigned by Register)
a/k/a:
a/k/a: Social Security No:
Date of Death: :Sa,n(_1 I-t1r� a Co a,o i 4 Age at death: `
Decedent was domiciled at deathin ( t VYl h 5>In County, t (state)with his/her last
principal residence at 3
Street address,Post Office and Zip Code City,Township or Borough I County
Decedent died at �)D,t r'ti g@S.Dtt`�q ` e c> 4q^� Htt Ii CQm6r�Ch_N—
.Street ad ress,Pot Office and Zip Coe City,Township or Borough County State
Estimate of value of decedent's property at death:
(f domiciled in Pennsylvania............................ All personal property
(f not domiciled in Pennsylvmda. .. ..................... Personal property m Pennsylvania $
ff not domiciled in Pennsylvania. ....................... Personal property in County $�j
Value of real estate in Pennsylvania................ ................................ ......... $�
TOTAL ESTIMATED VALUE. ... $ p
Real estate in Pennsylvania situated at:
(,9ttach additional sheets,ifnecessary.) Street address,Post Office and Zip Code City,Township or Borough County
�A. Petition for Probate and Grant of Letters Testamentary �' O
y a9
Petitioner(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated and Codicil(s)
thereto dated
State relevant ci cwnstanees(e.g.renunciation,death of executor,etc.)
Except as follows: after the execution of the instniment(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.
NO EXCEPTIONS ❑EXCEPTIONS <7 0
❑ B. Petition for Grant of Letters of Administration (If applicable) txti :zo m '
c.t.a.,d b.n.,d.b.n.c.t.a.,pendente lite,durantesrtic��urattjtinort
r...§VA
If Administration,c.t.a. or d.b.n.c.t.a.,enter date of Will in Section A above and complete of-heirsu I T-6--- s--, rn
Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as def neF
in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person. —) ' -0 O
[:]NOEXCEPTIONS ❑EXCEPTIONS
Petition:.:(s),after a proper search has/have ascertained that Decedent left no Will and wa: survived by the followingspouse(ifany)and heir�-�(�at x
additional sheets,!/necessary): y C13 Q
Name Relationship Address
Form ary-02 rev.1011112011 Page I of 2
Oath of Personal Representative Official Use Only
COMMONWEALTH OF PENNSYLVANIA }
} SS:
COUNTY OF }
Petitioner(s)Printed Name Petitioner(s)Printed Address
r s Y
The Petitioner(s)above-named swear(s)or affirm(s)the statements in th oregoing Petition are true and correct to the best of the knowledge and belief
of Petitioner(s)and that,as Personal Representative(s)of the Deceden e etitioner(s)will veli and truly administer the estate according to law.
Sworn to or affirmed al subscri ed before, Date S
me this da Date
B V_VDate
\ANO iister Date
BOND Required:AYES ENO To the Register of Wills
FEES: r1 Please enter my appearance by my signature below:
Letters . . . . . . . . . . . . . . . . . . . . . . $ `mak Attorney Signature:
( ' ) Short Certificate(s). . . . . .
( ) Renunciation(s).. . . . . . . .
( ) Codicil(s). . . . . . . . . . . . . � C?
( ) Affidavit(s). . . . . . . . . . . . 4� .b o` q
Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: Cn
Commission. . . . . . . . . . . . . . . . . . Supreme Court r— M. P+"f MOther — . . . . . . . . ID Number: 1� Cn -^ CJ'1
r� <D C)
. . . . . . Firm Name:
. . . . . . Address:
m
ti C/1) a
. . . . . . . . Phone:
Automation Fee. . . . . . . . . . . . . . . Fax:
JCS Fee. . . . . . . . . . . . . . . . . . . . . Email:
TOTAL. . . . . . . . . . . . . . . . . . . . . $
DECREE OIF�,THE REGISTER
Estate of QQ� I fY1Qc�h1�,f 7 VL File No: oo 2
a/k/a: _._.
AND NOW, 0 S_ , in cuus 4cr tion of tIje foregoing Petition,
satisfactory proof having been resented before me,IT IS CED t t Le ter.
are hereby granted to
in the above estate and(if applicable) that
the instrument(s) dated
described in the Petition be admit ed to probate and filed of record as the last Will(and Codicil(s)) of Decedent.
e sten of Wills (F-y-k �`�n;
J�jl
P-01177 Rev-02 rev. 10/1112011 Page 2 of 2
/
0
LAST WILL AND TESTAMENT
JEAN K. SMITH ry
r--
►-� v) CD
I, Jean K. Smith, of Riverside County, California, declare that this is my will. I
revoke all prior wills and codicils.
Article I
Preliminary Declarations
A. I am married to Kenneth O. Smith, and all references in this will to "my
spouse" are to him. I have three children, namely, Judith Ann Gifford, Cathy Jean
Distefano and Kenneth O. Smith, Jr. I have no other children, living or deceased. 1
acknowledge the existence of Kenneth O. Smith, Jr. and have intentionally made no
provisions for him in this document.
B. I have deliberately made provision for all of my heirs only in and through the
revocable trust referred to in Article 11 of this,will.
C. I intend by this will to dispose only of my interests in property that may be
in my probate (residue) estate at my death. Any reference in this will to the residue of
my estate shall not refer to any property or interests held in the Declaration of Trust of
Kenneth O. and Jean K. Smith. I do not exercise any power of appointment I may hold.
Article II
Pour-Over to Trust
A. I leave all of my estate, whether real, personal or mixed, and wheresoever
located to the Trustees of the Declaration of Trust of Kenneth O. and Jean K. Smith,
executed prior to the execution of this will, to perform the following. To add the residue
of my estate to that trust, as a part thereof and not as a separate testamentary trust,
and held, administered and distributed according to the terms of that trust and any
amendments properly prepared and executed prior to my death.
1
B. If the above disposition is inoperative in whole or in part, whether because
the Declaration of Trust of Kenneth O. and Jean K. Smith fails or has been revoked,
or for any other reason, I incorporate by reference the terms of that trust and any
amendments properly prepared and executed prior to my death, and I leave the residue
of my estate to the Trustee of that trust, to be held, administered and distributed
according to its terms.
Article III
Executor and Executor's Powers
A. I appoint my spouse as my executor. If my spouse fails to qualify or ceases
to act as my executor then I appoint, in order of priority, the following persons:
(1) Cathy Jean Distefano
(2) Judith Ann Gifford
B. Bonds shall not be required of any executor nominated in this will.
References in this will to my executor include any personal representative of my estate.
C. In addition to any powers and elective rights conferred by statute or federal
law or by other provisions of this will, I grant my executor the authority to administer my
estate under any procedure for informal or unsupervised administration, or any other
available procedure for avoidance of administration or reduction of its burdens.
Article IV
General Provisions
A. Attack on Will/Estate Plan. If any beneficiary under this Last Will and
Testament, either alone or with other persons or entities, shall in any manner directly
or indirectly contest, attack, thwart, or otherwise seek to impair or invalidate any part
or provision of my Estate Plan, then any share or interest under this Last Will and
Testament set aside for that beneficiary is revoked and shall be disposed of in the
same manner as if the contesting beneficiary, as provided in this instrument, had
predeceased me without issue.
2
For the purpose of construing this section, the term "my Estate Plan" shall
include any Declaration of Trust, this Last Will and Testament, any Advance Health
Care Directive, any Springing or Non-Springing Durable Financial Power of Attorney;
and any actions to procure Medi-Cal pursuant to any Springing or Non-Springing
Durable Financial Power of Attorney.
The terms "contest," "attack," "thwart," and "impair," when used in connection
with conduct described in this section, shall include but are not limited to any conduct
aimed against my Estate Plan, my Estate, my Medi-Cal Estate Plan, my Medi-Cal
Estate, the trust estate under any Declaration of Trust, or any assets subject to my
Estate Plan based on and including, but not limited to, any of the following theories:
(1) A constructive Trust theory;
(2) Lack of capacity, undue influence, mistake, duress, or fraud;
(3) Any alleged oral or written agreement that I agreed to bequeath or
give anything to any person or entity ("claimant") claiming such oral or written
agreement. This provision shall apply to any personal service agreement alleged by
claimant and also to any alleged agreement where the claimant alleges "detrimental
reliance" on my representations or lack thereof, provide a basis for an agreement by
equitable "estoppel";
(4) Any action in Quantum Meruit;
(5) A claim to any property by the personal representative of my
probate estate or the Trustee of any trust to belong to my probate estate or any such
trust;
(6) The filing of a Creditor's Claim or prosecution of an action based
upon it, (if the Creditor's Claim has been rejected by my personal representative or
Trustee of any trust created under this document);
(7) Any action or proceeding to determine the character, title, or
ownership of the property;
(8) Any Medi-Cal/Public Benefits Planning action or proceeding as
permitted under my Estate Plan;
(9) Any petition for settlement or compromise concerning the terms of
this instrument;
3
(10) Any action seeking to invalidate or rescind any lifetime gift made
by me;
(11) In any other way contest, thwart, or seek to impair any provision of
my Estate Plan.
The Trustee is authorized to defend, at the expense of the trust, any contest or
attack on my Estate Plan.
If any provision of this section entitled "Attack on Will" is found to be
unenforceable by any court of competent jurisdiction, the remaining provisions of this
paragraph shall be deemed severable from such unenforceable provision, and the
remaining provisions shall maintain full force and effect.
B. If any part of my will is held to be void, invalid or inoperative, I direct that the
remainder of my will shall be carried into effect as though the part was never in my will.
5 w
On " 200J at County,
California, I her by sign this document and declare it to be my will.
n /Ime7AA X
iff K. Smith
A
4
This document was signed and declared to be her will by Jean K. Smith in our
joint presence. At her request, in her presence, and in the presence of each other, we
hereby sign as witnesses to the execution of this will, believing that she is of sound
mind and under no constraint or undue influence. We declare under penalty of perjury
under the laws of the state of California that the above is true and correct.
Executed on this 0, day of r , 200/, at
ze County, California.
residing ate
G'
California
r
residing at 09?0.�- IS-0
California
Law Offices of Dale K. Bethel
28765 Single Oak Drive, Suite 150
Temecula, California 92590
(909) 694-0326
5
t
q-16o
OATH OF NON-SUBSCRIBING WITNESSES)
REGISTER OF WILLS
&22ZO_21COUNTY, PENNSYLVANIA
Estate ofJ Q 1�kQ41P (� 0\ �� � , Deceased
e caL S T and
(each) being duly qualified according to law, depose(s) and say(s)that
1 sh /he/they was/were well-
acquainted with P ( In �(i V�� l(`i h t ' and am/are familiar
with the handwriting and signature of the decedent, and that the signature of =:e G14KQAPT I h a S11A L
to the foregoing instrument purporting to be the Last Will and Testament/Codicil of pry 4 KQ ��pry ; 4 i SM i
is in his/her own proper handwriting.
uhu•e) (Signature)
Yeo-,,J.� VbCr, Y-oeA cork- LAcz
(Street Address) (Street Address) -:0 _z
{'`���i'✓1/i ((� I��, � Z l�-2�JI�r`l�� �� /7Z�1/ :� � t� �,
(City.State,Zip) (City,State,Zip) -7 —�
=z 6
N
Executed in Register's Office
Sworn to or affirmed and subscribed v Co o
7
before me this day
�,,o AepLityfor
1S'
i t o 'ills
Forot RW-04 rev. 10.13.0!
REGISTER OF WILLS CERTIFICATE OF
CUMBERLAND COUNTY GRANT OF LETTERS
PENNSYLVANIA
of cv
No. it0 PA No. 21- 14- 1002
J '�
Estate Of: JEAN KATHERINE SMITH
v IFirsG Middle,Last)
v
Late Of: UPPER ALLEN TOWNSHIP
CUMBERLAND COUNTY
V
Deceased
Social Security No:
1750
WHEREAS, on the 5th day of August 2015 an Instrument dated
April 29th 2004 was admitted to probate as the last will of
JEAN KA THERINE SMITH
(First,Middle,Last)
late of UPPER ALLEN TOWNSHIP, CUMBERLAND County,
who died on the 26th day of January 2014 and, .
WHEREAS, a true copy of the will as probated is annexed hereto.
THEREFORE, I, LISA M. GRAYSON, ESQ. Register of Wills in and
for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby
certify that I have this day granted Letters TESTAMENTARY to:
CATHY DISTEFANO
who has duly qualified as EXECUTOR(RIX)
and has agreed to administer the estate according to law, all of which
fully appears of record in my office at CUMBERLAND COUNTY COURTHOUSE,
CARLISLE, PENNSYL VA NIA.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal
of my office on the 5th day of August 2015.
Rpyrsrer of Vol
11
ozr
ep ty
**NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)