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HomeMy WebLinkAbout09-10-15 PETIT�IfON FOR GRANT OF LETTERS REGISTER OF WILLS OF 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: Decedent's Information (� Name: CS ill ��Si)' 6 Jt-2- File No: a/k/a: (Assigned by Register) a/k/a: �� - a/k/a: Social Security No: Daie of Death: Age at death: 7/ Decedent was domiciled at death inG��1 1--L11VJ0 Court', r�w (State)with his�/ er last principal residence at S/ �c' G /�-/S 0t ,/L / 70 // Gu�i3��. tib Street address,Post Office and Zip Code eity, lTownship or Borough County Decedent died at / l/`�G t �� �' /�<< �� �� �`^�,��� �� '�L Street address,Post Office and Zip Code City,Township or Borough County State Estimate of value of decedent's property at death: E9 If domiciled in Pennsylvania............................ All personal property $ ✓` ��'� If not domiciled in Pennsylvania. ....................... Personal property in Pennsylvania $ If not domiciled in Pennsylvania. ........... ......... Personal property in County . $ Value of real estate in Pennsylvania......................................................... $ TOTAL ESTIMATED VALUE. ... $ 00 O Real estate in Pennsylvania situated at: (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)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated ©;7 ai9/,?and Codicil(s) thereto dated State relevant circumstances(eg.renunciation,death of executor,eta) r^� Except as follows: after the execution of the instrument(s)offered for probate Decedent did not.marry,was not d&rced,was no�arty to agading divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S.§3323(g),ae4 did not�e a crq dd�R7rn or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. : Cn C�) Q -o to NO EXCEPTIONS ❑ EXCEPTIONS _ M r, �, crt3 CZ) r7i ❑ B. Petition for Grant of Letters of Administration (If-applicable) c.t.a.,d.b.n., d.b.n.c.t.a.,pendente lite,durante absentia,...�trante 41inoritate If Administration,caaL or db.n.c.ta., enter date of Will in Section A above and complefe list ofiArs. — Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divorce had been esUblisheTw defined in 23 Pa.C.S. §3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person..„ t�3 Co Cn ❑ 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 //7 Form RW-02 rev.1011112011 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 The Petitioner(s)above-named swear(s)or affirm(s)the statements in oregoing Petiti true and correct to the best of the knowledge and belief of Petitioner(s)and that,as Personal Representative(s)of the Dece the P ioner w' well and truly administer the estate according to law. Sworn to or affirmed and subscribed before Date me this IM day of �26 Date By- Date For the Register Date BOND Required:AYES MNO To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters . . . . . . . . . . . . . . . . . . . . . . $ 90 Attorney Signature: ( )Short Certificate(s). . . . . . rj ( )Renunciation(s).. . . . . . . . ( )Codicil(s). . . . . . . . . . . . . ( )Affidavit(s).. . . . . . . . . . . Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: Commission. . . . . . . . . . . . . . . . . . Supreme Court Other X At t I . . . . . . . . S ID Number: i « Firm Name: . . . . . . Address: o oC. . . . . . . Phone: O ;.,T_ Automation Fee. S Fax: x> �- `-�. 4 i::� JCS Fee. . . . . . . . . . . . . . . . . . . . . 3rJ.!StEmail: TOTAL. . . . . . . . . . . . . . . . . . . . . $ IT L- ` ,t 71 DECREE OF THE REGISTER W G.n o ,�1p 11 r � Estate of G- es-bD cn(�4 i Lb File No: a/k/a: C AND NOW, �C.( �h'11� �� �� , in consideration of the foregoing Petition, satisfactory proof having been presented before me,IT IS DECREED that Letters are hereby granted to in the above e5tate.•and(if applicable)that the instrument(s)datedrJ 213 described in the Petition be admitted to probate and filed of record as the last Will (anal Codicil(s)) of Decedent. 0ja my6wf�o R is er of N411s Form RW-01 rev. 10/11/2011 Page 2 of 2 12020-1-5/Will/HDR/tme 7/24/13 3:04 PM co C) co _J C\j U-1 —i . C) C'� C), LAST WILL AND TESTAMENT IJ cr_ OF CD ERNESTO CASTILLO, JR. 1, ERNESTO CASTILLO,JR., presently of Cumberland County, Pennsylvania, declare this to be my Last Will and Testament hereby revoking all Wills and Codicils previously made by me. MARITAL STATUS I declare that I am married to ANGELA CASTILLO and that all references in this Will to my wife are references to her. CHILDREN I have one (1) child, now living, whose name and date of birth are as follows: JASON R. CASTILLO born February 26, 1976 All references in this Will to my child include only the child named above. SPECIFIC BEQUESTS ARTICLE I A. If my wife, ANGELA CASTILLO, fails to survive me, I give the sum of One Hundred Thousand ($100,000.00) Dollars to my grandson, ALEC E. CASTILLO, presently of New Cumberland, Pennsylvania, and the sum of One Hundred Thousand ($100,000.00) Dollars to my grandson, JACKSON H. CASTILLO, presently of New Cumberland, Pennsylvania, subject to the provisions of Article IV herein. B. If my wife, ANGELA CASTILLO, fails to survive me, then I direct that my friend, JOYCE RAIMAN, be given the opportunity to select any one piece of artwork from my home that she wishes to have. C. I give my 1976 red Corvette to my grandson, ALEC E. CASTILLO. If I do not own my 1976 red Corvette at the time of my death, or if my grandson, ALEC E. CASTILLO, fails to survive me, then this gift shall lapse. PERSONAL PROPERTY ARTICLE II I give the remainder of my household furnishings and tangible personal property to my wife, ANGELA CASTILLO, provided she survives me by thirty (30) days. If my wife, ANGELA CASTILLO, fails to survive me by thirty (30) days, then I give the remainder of my household furnishings and tangible personal property to my son, JASON R. CASTILLO, presently of New Cumberland, Pennsylvania, per stirpes, such that any issue shall represent and take their deceased parent's share. Any minor grandchild shall be represented in the division process by the Executor. In case of disagreement among my grandchildren,the Executor is authorized to make the division,having due regard for the personal preferences of my grandchildren,but making such division in as nearly equal shares as he deems practical. Page 2 of 13 Pages 1 n R RESIDUE ARTICLE III I give the rest, residue and remainder of my estate to my wife, ANGELA CASTILLO, provided she survives me by thirty (30) days. Should my wife, ANGELA CASTILLO, fail to survive me by thirty (30) days, then I give the rest, residue and remainder of my estate to my son, JASON R. CASTILLO, per stirpes, such that any issue shall represent and take their deceased parent's share. TRUST FOR BENEFICIARIES UNDER THE AGE OF TWENTY-FOUR(24)YEARS ARTICLE IV If a beneficiary is under the age of twenty-four(24)years at the time my estate is to be distributed,his or her share shall be held in Trust to be administered and distributed as follows: A. Trustee. I appoint my son,JASON R. CASTILLO, as the Trustee of any Trust created hereunder. If JASON R. CASTILLO is unable or unwilling to serve as Trustee,then I appoint SARAH CASTILLO,to serve as Trustee in his place and stead. B. Distribution. When a beneficiary of mine has attained the age of twenty- four(24)years, or has earned a four(4)year undergraduate degree from an accredited college or university, whichever even first occurs,the Trustee shall distribute to him or her the entire balance held in his or her Trust. Page 3 of 13 Pages C. Survivorship. Should a beneficiary die prior to the termination of the Trust, the Trustee shall, after payment of any funeral and burial expenses, distribute the balance of the Trust estate to my surviving grandson, or to his Trust as the case may be. TRUST POWERS ARTICLE V In order to carry out the purposes of the Trust established by this Will, the Trustee, in addition to all other powers granted by this Will or by law, shall have the following powers over the Trust estate, subject to any limitations specified elsewhere in this Will: A. Investments. To invest in, accept and retain any real or personal property, including stock of a corporate fiduciary or its holding company, without restriction to legal investments; B. Sale. To sell, exchange, partition or lease for any period of time any real or personal property and to give options therefor for cash or credit, with or without security; C. Borrowing and Encumbering. To borrow money from any person including any fiduciary acting hereunder, and to mortgage or pledge any real or personal property; D. Form of Ownership of Trust Property. To hold shares of stock or other securities in nominee registration form, including that of a clearing corporation or Page 4 of 13 Pages depository, or in book entry form or unregistered or in such other form as will pass by delivery; E. Litigation. To engage in litigation and compromise, arbitrate or abandon claims; F. Tax Returns. To make elections, decisions, concessions and settlements in connection with all income, estate, inheritance, gift or other tax returns and the payment of such taxes; G. Retention of Property. To retain any property received by the Trust for so long as the Trustee considers it advisable; H. Investment Decisions. To invest and reinvest in every kind of property and investment which persons of prudence, discretion and intelligence acquire for their own accounts; I. Property Management. To manage, control, repair and improve all personal and real property; I Business Interests. To continue and operate, to sell or to liquidate, as the Trustee deems advisable at the risk of the trust estate, any business or partnership interests received by the trust estate and to organize a partnership or corporation to carry on such business; K. Insurance. To procure and carry at the expense of the Trust, insurance of the kinds, forms and amounts deemed advisable by the Trustee to protect the Trust and the Trustee against any hazard; Page 5 of 13 Pages L. Employment of Attorneys,Advisers and Other Agents. To employ any attorney, investment adviser, accountant, broker, tax specialist or any other agent deemed necessary in the discretion of the Trustee; and to pay from the Trust reasonable compensation for all services performed by any of them; M. Power to Merge. The Trustee shall have the power at any time to combine any Trust created hereunder with any other trust created by the Testator at any time and without court approval if at such time the terms of the trusts are similar and held for the primary benefit of the same beneficiary or beneficiaries; N. General. To do all the acts, to take all the proceedings, and to exercise all the rights, powers and privileges which an absolute owner of the property would have, subject always to the discharge of his fiduciary obligations. The enumeration of certain powers in this Will shall not limit the general or implied powers of the Trustee. The Trustee shall have all additional powers that may now or hereafter be conferred on the Trustee by law or that may be necessary to enable the Trustee to administer the Trust in accordance with the provisions of this Will. TRUST ADMINISTRATION ARTICLE VI A. Compensation. The Trustee shall receive a reasonable fee for the ordinary and extraordinary services rendered by him. Page 6 of 13 Pages B. Death. On the death of a beneficiary, the Trustee shall pay the expense of the last illness, funeral and burial of the beneficiary out of the principal of his or her share of the Trust estate, unless the Trustee in his discretion determines that other provisions have been made for the payment of such expense. C. Termination. The Trustee shall be permitted to terminate a Trust herein if its fair market value declines or is of such size which makes the continuance of the Trust uneconomical, imprudent and unwise. Upon such termination, the Trustee shall distribute the principal and income to the beneficiary or beneficiaries as set forth in this Will, and the rights of all persons who might otherwise have an interest as a successor income or principal beneficiary shall cease. D. Immediate Distribution. If on termination of the administration of my probate estate, there has been no distribution in trust to the Trustee and events have occurred which would require the Trustee under the terms of this Will to make immediate distribution of all the property, my Executor shall perform all of the acts necessary to complete such distribution and for this purpose shall have the powers granted by this Will to the Trustee. E. Alternative Payments. If at any time any beneficiary entitled to receive income or principal from the Trust estate is a minor or an incompetent or a person whom the Trustee deems unable to handle the funds properly or wisely if paid directly to the beneficiary, the Trustee in his discretion may make payments in any one or more of the following ways: Page 7 of 13 Pages I. To the natural guardian or legally appointed guardian of the person or estate of the beneficiary; 2. By making expenditures directly for the support, health, maintenance, or education of the beneficiary; or 3. To any person or organization furnishing support, health, maintenance, or education for the beneficiary. The Trustee shall not be required to see to the application of any funds paid or applied in any of the aforementioned ways and the receipt of the payee shall be full acquittance to the Trustee. The decision of the Trustee as to which of the aforementioned methods should be used in making payments shall be conclusive and binding on all parties concerned. F. Bond. The Trustee shall not be required to give bond or other security for the faithful performance of his duties. G. Determination of Income. The Trustee shall determine what is income and what is principal of the Trust established under this Will and what expenses, costs and taxes shall be charged against income and what shall be charged against principal in accordance with the applicable laws of the Commonwealth of Pennsylvania as they now exist and may from time to time be enacted or repealed. H. Applicable Law. The validity and administration of any Trust established under this Will and all questions relating to the construction or interpretation of the Trust shall be governed by the laws of the Commonwealth of Pennsylvania. Page 8 of 13 Pages EXECUTRIX ARTICLE VII A. Appointment. I appoint my wife, ANGELA CASTILLO, as the Executrix of this Will. In the event of the death, resignation, renunciation or inability to act of ANGELA CASTILLO in that capacity, then I appoint my son, JASON R. CASTILLO, as the Executor of this Will in her place and stead. B. Bond. No bond or other security shall be required of any Executrix or Executor appointed in this Will. C. Compensation. The Executrix or Executor shall receive reasonable compensation for her or his services performed as determined by the Court in which this Will is admitted to probate. EXECUTRIX POWERS ARTICLE VIII I give my Executrix in addition to and not in limitation of the powers given by law or by other provisions of this Will, the same powers granted my Trustee under Article V with respect to administration of the Trust,to be exercised in the discretion of my Executrix with respect to settlement of my Estate without further order or license of the Register of Wills or of any Court. Page 9 of 13 Pages NO ALIENATION ARTICLE IX No interest of any beneficiary under this Will or any codicil hereto shall be subject to anticipation or voluntary or involuntary alienation. SIMULTANEOUS WILLS ARTICLE X My wife and I are executing Wills at approximately the same time in which each of us is the primary beneficiary of the Will of the other. These Wills are not executed because of any agreement between my wife and myself. Either Will may be revoked at any time at the sole discretion of the maker thereof. NO CONTEST ARTICLE XI If any beneficiary or remainderman under this Will in any manner, directly or indirectly, contests or attacks this Will or any of its provisions, any share or interest in my estate given to that contesting beneficiary or remainderman under this Will is revoked and shall be disposed of in the same manner provided herein as if that contesting beneficiary or remainderman had predeceased me without issue. Page 10 of 13 Pages LEGALITY OF ARTICLES ARTICLE XII If any provision of this Will or of any codicil thereto is held to be inoperative, invalid or illegal, it is my intention that all of the remaining provisions thereof shall continue to be fully operative and effective so far as it is possible and reasonable. TAXES ARTICLE XIII .All estate, inheritance and succession taxes, together with any interest and penalties thereon,payable as a result of my death and imposed with respect to any property, whether or not disposed of by this Will, shall be paid out of the residue of my estate. IN WITNESS WHEREOF, I have hereunto set my hand and seal and caused this my Last Will and Testament, consisting of thirteen (13) typewritten pages, including this attestation clause, to be executed, declared and published this S day of :1 2013, at River Chase Office Center, 4431 North Front Street, Harrisburg, Pennsylvania. (SEAL) ESTO CASTILLO,JR. Page 11 of 13 Pages Signed, sealed, published and declared by the above named ERNESTO CASTILLO, JR., Testator, as and for his Last Will, in the presence of us and each of us, who, at his request and in his presence and in the presence of each other, have hereunto subscribed our names as witnesses thereto the day and year last above written. Residing at 1 Ob �'tZti D cr2 V40a2cSe jq6 , c -1"l Ii Residing at ooJ�J �Q Cl / Residing at �01 Crr�s �i� /70/s Page 12 of 13 Pages COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF DAUPHIN We, ERNESTO CASTILLO,J ., the Testator, an , and e witnesses, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as his Last Will; that the Testator signed willingly and executed it as his free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the Testator signed the Will as a witness and that to the best of his or her knowledge the Testator was at that time eighteen (18 ears of age or older, of sound min d under no constraint or undue influence. NESTO CASTILLO,JR. Witness 4GL fitness fitness Subscribed, sworn to and acknowledged before me by ERNESTO CASTILLO,JR., the Testator, and subscribed and sworn to before me by , 1 �lU M . CaJdCk_and a y itnesses, this '--�day of_ , 2013. rl'qnba otary Public COMMONWEALTH OF PENNSYLVANIA My Commission Expires: Notarial Seal Susan C.Appleby,Notary Public Susquehanna Twp.,Dauphin Count �SMMONWEAL OF SYLV" My Commission ExplreS Dec.28,2014 Notar eel Page 13 of 13 Pages 4 henna C. wp., INotarynGF My Cown. Expi 28,