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HomeMy WebLinkAbout09-15-15 f 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 request(s)the grant of Letters in the appropriate form: Decedent's Information �1-1� Name: MARGARET M.WOLFGANG File No: a/k/a: MARGARET MAY WOLFGANG (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: AUGUST 14, 2015 Age at death: 81 Decedent was domiciled at death in CUMBERLAND County, PA (State)with his/her last principal residence at 940 WALNUT BOTTOM RD., CARLISLE CUMBERLAM Street address,Post Office and Zip Code City,Township or Borough County Decedent died at MANORCARE, 940 WALNUT BOTTOM RD. CARLISLE CUMBERLAND PA Street address,Post Office and Zip Code City,Township or Borough County State Estimate of value of decedent's property at death: Ifdomiciled in Pennsylvania............................ All personal property $ 21,000 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. ... $ 21,000 Real estate in Pennsylvania situated at: NONE (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 February 24. 1997 and Codicil(s) thereto dated State relevant circumstances(e.g.renunciation,death of executor,etc.) Except as follows: after the execution of the instrument(s)offered for probate Decedent did not marry,was not divor was not warty to a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C. §3323(g),ai5drtlid n6h ni a child born or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated per.W. zrl ❑✓ NO EXCEPTIONS ❑EXCEPTIONS 17 1 ❑ B. Petition for Grant of Letters of Administration (If applicable) ata.,d.b.n.,d.b.n.c.t.a.,pendenie fite,durante.4sentia;Wl-nte minoritate If Administration,c.t.a. or d.b.n.c.t.a.,enter date of Will in Section A above and completeilst of--l0TS. -- r— r- r1 Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for-divorce haReen estab8hed as defined in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated Gerson. O -n Cx:� ❑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.10/11/2011 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 DIANA HELT 114 Pine Tree Drive, Newville, PA 17241 The Petitioner(s)above-named s�vear(s)ortfffiim(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 the Decedent,the Petition erO will well and truly administer the estate according to law. Sworn to or affirmed-and^subscribed before �c�t - Date C/i 5 ao�5 me this i gh day o6 Date By: Tnt Date For the Register • Date BOND Required:AYES ©NO To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters . . . . . . . . . . . . . . . . . . . . . . $ \(.JLJ Attorney Signature: Short Certificate(s). . . . . . ( )Renunciation(s).. . . . . ... . ( )Codicil(s). . . . . . . . . . . . . I ( )Affidavit(s).. . . . . . . . . . . Bond.. . . . . .. . . .. . . . . . . . . . . . . Printed Name: STEVE N J. SCHI�,F N, ESQ. Commission. . . . .. . . . . . . . . . . . . Supreme Court y Other 1 . . . . . . . . �r� ID Number: 25488 15 Firm Name: SERRATELLI, SCH1ffMAN &B96WC r^t . . . . . . . . Address: 2080 LINGLESTMe ROAD SLdrrTE 201 ca. . . . . . . . . HARRISBURG, PA 47 —o f10 " Cn -;u . . . . . . . . Phone: 717-540-9170 "> '> Automation Fee. . . . . . . . . . . . . . . 5 Fax: 717-540-5481 JCS Fee. _ 3�,�D Email: sschiffman(a�ssbc-law;com'� �"� TOTAL. . . . . . . .. . . . . . . . . . . . . $ ILL) 'SU � TTI -.., C:D -rt co DECREE OF THE REGISTER �n i Estate of I f 1 t + M WO In4- File No: � a/k/a: ltdCLCW AND NOW, i b —, ,90 in consideration of the foregoing Petition, satisfactory proof havi:n-t been presented before me,IT IS DECREED that Letters are hereby granted to in the above estate and(if applicable)that the instrument(s)dated , 1 qq: described in the Petition be admitted to proba e and filed of record as the last Will(and Codicil(s))of Decedent. e st r of Wills Farm RW-02 rev. 1011112011 K, Page 2 of 2 � U RE'CORDED OFFICE OF REGISTER OF VIILLS ?015 SEP is 411r, 10 08 CLERK OF OR P}.11 t!;• C,U LAST WILL AND TESTAMENT 'µl OF MARGARET M. WOLFGANG I, MARGARET M. WOLFGANG, of Dauphin County, Pennsylvania revoke my prior Wills and declare this to be my Last Will: I. Debts and Funeral Expenses: My lawful debts and the expenses of my last illness, funeral and burial shall be paid out of my estate. II. Personal and Household Effects: Except as provided below, I give all my automobiles, and all other articles of personal or household use, together with all insurance relating thereto to my husband, LYNN, if he survives me by thirty days. If my husband should not survive me by thirty days, or should we die simultaneously, then I give in equal shares to my children, DIANA HELT, MARK WOLFGANG, LYNN JAMES WOLFGANG,JR. and PAMELA LEE KEISER. Should any beneficiary fail to survive me by thirty days then the other beneficiaries shall be given all of said property. However, articles which cannot be agreed upon by my beneficiaries shall be sold by my executrix and the proceeds added to my residuary estate. J III. Residuary Estate: I give the residue of my estate, real and personal to my husband, LYNN, if he survives me by thirty days. Should he fail to so survive me then said property shall be divided equally among DIANA HELT, MARK WOLFGANG, LYNN JAMES WOLFGANG, JR. and PAMELA LEE KEISER. If any of the beneficiaries should predecease me or fail to survive me by thirty days then that beneficiary's share shall pass to his/her issue per stirpes. If any beneficiary fails to survive me and dies without issue, then that share shall pass to the surviving beneficiary. IV. Beneficiaries Under 21 or Disabled: If any beneficiary becomes entitled to an outright distribution of income or principal and is (1) under 21 or (2) in my trustee's opinion, disabled by illness or other cause and unable to properly manage the funds: A. As much of such income or principal as my trustee may from time to time think desirable for that beneficiary either shall be paid to him or her or shall be applied for his or her benefit; and B. The balance of such income and principal -- and the net income from those funds -- shall be kept invested and managed as a separate trust for that beneficiary, with the trust funds paid to or for the beneficiary in accordance with the provisions of the preceding paragraph. When the beneficiary reaches the age of 21 or, in my trustee's opinion, becomes 2 1'1'x' M. � free of disability, as the case may be, the balance shall be paid to the beneficiary. If he or she dies before that time,the balance shall be paid to his or her executors or administrators. Any funds to be applied under this article either shall be applied directly by my trustee or shall be paid to a parent or guardian of the beneficiary or to any person or organization taking care of the beneficiary. My trustee shall have no further responsibility for any funds so paid or applied. V. Early Ending of Trusts: If my trustee, in his sole discretion, determines that it is desirable to do so, my trustee may end any trust under this deed. This may be done by paying the then-remaining principal and income of that trust to the person then eligible to receive the income. If any person is a minor or is,in my trustee's opinion, disabled by illness or other causes and unable to properly manage the funds, my trustee may pay the funds to his or her parent or guardian or to any person or organization taking care of the person. In the case of a minor, my trustee also may deposit the funds in an interest bearing account in the minor's name payable to the minor at majority, or appoint and pay the funds to a custodian for the minor under the Uniform Gifts to Minors Act of any state. My trustee shall have no further responsibility for funds so paid or deposited. 3 VI. Protective Provision: No interest in income or principal shall be assignable by, or available to anyone having a claim against, a beneficiary before actual payment to the beneficiary. VII. Death Taxes: Any federal, state and other death taxes payable on the property forming my gross estate for tax purposes, whether or not it passes under this will, shall be paid out of the principal of my probate estate just as if they were my debts, and none of those taxes shall be charged against any beneficiary. VIII. Management Provisions: I authorize my executors and my trustee: A. To retain and to invest in all forms of real and personal property, including common trust funds regardless of any limitations imposed by law on investments by executors or trustees, or any principle of law concerning investment diversification; B. To compromise claims and to abandon any property which, in my executors' or my trustees' opinion, is of little or no value; C. To borrow from, and to sell property to, my trustee or others, and to pledge property as security for repayment of any funds borrowed; D. To sell at public or private sale, to exchange or to lease for any period 4 ,�,`+� •M` W' of time, any real or personal property, and to give options for sales or leases; E. To join in any merger, reorganization, voting-trust plan or other concerted action of security holders, and to delegate discretionary duties with respect thereto; F. To use administrative or other expenses of my estate as income tax or estate tax deductions and to value my estate for tax purposes by any optional method permitted by the law in force when I die, without requiring adjustments between income and principal for any resulting effect on income or estate taxes; and G. To distribute in kind and to allocate specific assets among the beneficiaries (including any trust hereunder) in such proportions as my executor may think best, so long as the total market value of any beneficiary's share is not affected by such allocation. These authorities shall extend to all real and personal property at any time held by my executors or my trustee and shall continue in full force until the actual distribution of all such property. All powers, authorities, and discretion granted by this willshall be in addition to those granted by law and shall be exercisable without leave of court. 5 IX. Executor and Trustee: I appoint DIANA HELT as Executrix and Trustee. If DIANA HELT does not wish to or is unable to act as Executrix and Trustee, then I appoint MARK WOLFGANG substitute Executor and Trustee. All are to serve without bond. IN WITNESS WHEREOF, I have hereunto set my hand and seal thisday of 199 , at the end hereof, composed in all of_�pages. M. MARGARET M. WOLFG 6 SIGNED, SEALED, PUBLISHED AND DECLARED by the above named Testatrix as and for her Last Will and Testament in the presence of us, who, at her request, in her presence and in the presence of each other, all being present at the same time, have hereunto set our hands as witnesses. address �,(,� address 43`-1 l_. o&l AL./' - �T STATE OF PENNSYLVANIA ss. COUNTY OF DAUPHIN 1, MARGARET M. WOLFGANG,, having been duly qualified according to law, acknowledge that I signed the foregoing instrument as my will,and that I signed it as my free and voluntary act for the purposes therein expressed. A- MARGAET M. WOLFGAN We,having been duly qualified according to law, depose and say that we were present and saw MARGARET M. WOLFGANG sign the foregoing instrument as her will; that she signed it as her free and voluntary act for the purposes therein expressed; that each of us in her sight and hearing and at her request signed the will as witnesses; and that to the best of our knowledge she was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. Witness Witness Subscribed, sworn to or affirmed, and acknowledged before me by the 'above-named testatrix and by the witnesses whose names appear opposite onv<%' d y ,19917 Notary Public NOTA.RML SEAL HEATHER A.STONER.Notary Public Susquehanna Twp.,Dauphin County My Commission Expires Jan.24,1998