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HomeMy WebLinkAbout09-25-15 DISCLAIMER and RENUNCIATION SURVIVOR'S TRUST UNDER THE ALBERT R. STALLKNECHT LIVING TRUST DATED 1/9/1997 AND ANY AMNEDMENTS THERETO WHEREAS, Albert R. Stallknecht died on May 29, 2015, a relent. of kInpden., O Township, Cumberland County, Pennsylvania(the"Decedent"); v ' WHEREAS, during the Decedent's lifetime, he created the Albert R:,.Stallk`neclftrLivmg,D iT Trust dated January 9, 1997, and any amendments thereto (the "Trust"); and :; 3 WHEREAS, the Successor Death Trustee of the Trust is the Decedent's wife, LklenvE.o Stallknecht(the ".Wi e"); and WHEREAS, during the Decedent's lifetime, he purchased two Life Insurance Policies bearing numbers 5913777 and 6913828 issued by Northwestern Mutual (the "Insurance"); and WHEREAS, pursuant to Section 7.01 of the Trust, the remaining trust property of the Decedent is to be allocated to the Marital Share, to be held, administered and distributed according to the provisions of the Survivor's Trust as set forth in Article Eight of the Trust, for the sole benefit of'Wife. WHEREAS, Section 7.03 of the Trust provides that"If my wife disclaims the interest she has in any portion of the Non-Marital Share, my Trustee shall dispose of the disclaimed interest under the provisions of this agreement(the Trust) as though she had predeceased me"; and WHEREAS,less than nine (9)months have elapsed since the date of death of the Decedent and the undersigned Disclaimant has not accepted any of the Insurance proceeds nor has she exercised any control as beneficial owner over the Insurance proceeds, or any interest therein; and WHEREAS, the Disclaimant acknowledges, but does not direct, that the effect of her execution of this Disclaimer and Renunciation is that the Insurance proceeds that would have otherwise been held for her benefit under the Survivor's Trust shall pass to the Family Trust and will be distributed as provided in Article Nine of the Trust. NOW, THEREFORE, I, HELEN E. STALLKNECHT, the Decedent's surviving spouse and an adult beneficiary residing at 835 Crooked Stick Drive, Mechanicsburg, Pennsylvania 17050, do hereby exercise the rights granted to me in the Pennsylvania Probate, Estates and Fiduciaries Code, 20 Pa. C.S.A. §6201 et se ., and do hereby DISCLAIM AND RENOUNCE all of my,right,title and beneficial interest in and to the Insurance proceeds, and all of my interest in the Survivor's Trust. IN WITNESS WHEREOF, intending to be legally bound hereby and that this Disclaimer and Renunciation shall be filed of record with the Trustee of the Trust, as provided in 20 Pa. C.S.A. §6204(a), I have hereunto set my hand this L/ day of September, 2015. WITNESS: DISCLAIMANT: �.� Helen E. Stallknecht 2 COMMONWEALTH OF PENNSYLVANIA ) ss: COUNTY OF C,)M6-t-IAad ) On this, the Y''h day of September, 2015, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared Helen E. Stallknecht, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. S ✓t.- OOMMONW� T F(PENNSYLVANIA Not Public NOTARIAL SEAL EHamppdenTvvP-, ILL SMEIGH,Notary Public Cumberland County mmission Expires February 92.2017 My Commission Expires: 0��,�.J�oi� -- 3