HomeMy WebLinkAbout05-25-05
PETITIO FOR PROBATE & GRANT OF LETTERS
deceased.
No. 21-05-
To: Register of Wills for the
County of Cumberland
Commonwealth of Pennsylvania
Estate of
also known as
Social Security No.
The Petition of the un rsigned respectfully represents that:
Your Petitioners, who i lare 18 years of age or older and the Executrix named in the Last Will of the
above decedent dated Febru 26 2004 , and codicils dated none . The Executor
named none died . Renunciations for none attached hereto.
Decedent was domicil at death in Cumberland County, Pennsylvania, with his last family or principal
residence at 2108 Newville Road West Pennsboro Townshi
Decedent, then ~ ears of age, died
October 2
, 2004, at
his residence
Except as follows, dec ent did not marry, was not divorced and did not have a child born or adopted
after execution of the Will offer d for probate; was not the victim of a killing and was never adjudicated
incompetent:_~
Decedent at death owned pro rty with estimated values as follows:
(If domiciled in PAl _ All personal property
(If not domiciled in PAl Personal property in PA
(If not domiciled in PAl Personal property in County
Value of real estate in Pennsyl ania, situated as follows:
2108 Newville R ad West Pe nsboro Townshi Carlisle
$25.000.00
$
$
$200.000.00
WHEREFORE, Petitio ers respectfully requests the probate of the Last Will and Codicil(s) presented
herewith and the grant of lelle testamentary thereon.
Signature(s) and Residence(s) of Peti ner(s):
. Finkenbinder
2108 Newville Road. Carlisle. PA 17013: 717-249-4194
COMMONWEALTH OF PE
OF PERSONAL REPRESENTATIVE
SS
The Petitioner(s) abov named swear(s) or affirm(s) that the statements in the foregoin9 petition are
true and correct to the best of the knowledge and belief of Petitioner(s) and the! aspers()nalr~entative of
the above decedent, petitioner s) will well and truly administer the estate accordin~fjU:Ert;,"\:ilfi,:i80Iv
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Ma 2005. --~rilvn M. F~n0f1Wi SZ!. Vl~ snoz
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No. 21-05-
Estate fLee K. Finkenbinder
, deceased.
DECREE OF PROBATE & GRANT OF LETTERS
AND NOW, Ma S , 2005, in consideration of the Petition on the reverse
side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s) dated
F brua 26 2004 described therein be admitted to probate and filed of record as the
Last Will of Le K. Finken inder ; and Letters Testamentarv are hereby granted to
Maril n M. Finkenbind r
FEES
Probate, Lellers, Etc. . . . . . . .
Short Certificates( -1- ) . . . .
Renunciation(s) . . . . . . . . . . .
JCP ....................
Automation Fee. . . . . . . . . . .
Other Will
310.00
4.00
10.00
5.00
15.00
TOTAL: .... 344.00
Filed. . .. . . .. . . .. . . . . . . . .. . . . . . . .
H105,805 REV 'JIH6 ~ '\ - ~ ~ ... "\ 't\. ':)...,
This is to certify that the informatio here given is correctly copied from an original certificate of death duly filed with me as
Local Registrar. The original certific te will be forwarded to the State Vital Records Office for permanent filing.
WARNING: t is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, $2.00
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Olern27}Typeo,P,lnt Michael L. Norris, Coroner
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LAS WILL AND TESTAMENT
I, LEE K. F KENBINDER, of West Pennsboro Township, Cumberland County,
Pennsylvania, being of s und mind, disposing memory and full legal age, do hereby make, publish
and declare this instrum nt to be my Last Will and Testament, hereby expressly revoking all Wills
and Codicils heretofore ade by me.
ONE.
I irect my Executor or Executrix, as the case may be, to pay all of my
debts, funeral and admin strative expenses as soon as may be done conveniently after my decease.
Furthermore, I direct t at all state, inheritance, succession and other death taxes imposed or
payable by reason of m death and all interest and penalties thereon with respect to all property
composing of my gross state for death tax purposes, whether or not such property passes under
this Will, shall be paid b the Executor or Executrix of my estate.
TWO.
M Executor or Executrix, as the case may be, may, at his or her
discretion, compromise laims, borrow money, retain property for such length of time as he or she
may deem proper; lease nd sell property for such prices, on such terms, at public or private sales,
as he or she may deem roper; and invest estate property and income without restriction to legal
investments unless othe ise provided hereunder. I authorize and empower my Executor or
Executrix to sell any r Ity and/or personalty owned by me at my death and not specifically
devised or bequeathed erein, at public or private sale or sales and to give good and sufficient
deeds and/or bills of sal therefor, in fee simple, as I could do if living. My Executor or Executrix
is authorized and empo ered to engage in any business in which I may be engaged at my death,
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for such period oftime a er my death as seems expedient to said Ex~U(0r of,'E:.Ket&trix.
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THREE. I ereby give, devise and bequeath all of my estate of every nature and
wherever situate to be di tributed IN TRUST, for my spouse, MARILYN M. FINKENBINDER,
subject to the following
B. T st A, the Marital Trust, shall consist of all of my assets other than those
allocated to Trust B, the Family Trust.
A. estate shall be divided by the Trustee into two separate trusts,
hereinafter referr to as Trust A (the Marital Trust), and Trust B (the Family Trust).
C. T st B, the Family Trust, shall consist of assets equal in value to the
maximum amount if any, that are necessary to permit my estate to use in full any federal
estate tax unified credit which has not been claimed for distribution during my lifetime
after considering ny adjusted taxable gifts and bequests by Will which do not qualify for
the marital deduc ion and all charges to principal of the estate which are not deducted in
computation of t federal estate tax of my estate; provided, however, that the allocation
of the Family Tru t shall be satisfied with assets as of the date of allocation or distribution;
and provided fu er that any assets which do not qualify for the federal estate marital
deduction shall be used first to satisfy the allocation to this Family Trust.
D. Fr m the Marital Trust, the Trustee shall pay all of the net income to my
spouse, MARIL M. FINKENBINDER, in monthly payments. My spouse also has the
right to receive fi m the Trustee all or a portion of the principal from the Marital Trust
and to change th beneficiaries of this Marital Trust in my spouse's discretion, At the
death of my spou e, the Trustee shall distribute the remaining principal and accumulated
income of the Ma 'tal Trust in equal shares to my children, BARRY L. FINKENBINDER,
BETTY J, BUTL R and KEVIN G. FINKENBINDER, per stirpes, which provides that
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the child or child en of any deceased child taking the share their parent would have taken
ifIiving.
E. Fr m the Family Trust, the Trustee shall pay all of the net income to my
spouse, MARIL
M. FINKENBINDER, in monthly payments. The Trustee may
distribute to my ouse such amounts from the principal of the Family Trust as provided
hereunder, up to the whole thereof, as the Trustee, in his or her discretion, shall deem
necessary or advi able to provide for the care, maintenance and support of my spouse, so
as to support my pouse in my spouse's accustomed manner of living, provided, however,
the Trustee shall consider any other sources of income available to my spouse when
making payment ereunder. The Trustee shall, when requested by my spouse, pay five
(5%) percent oft e principal or $5,000.00, whichever amount is greater, annually to my
spouse during m spouse's lifetime, but in no way shall the Trustee distribute more of the
principal of this F 'Iy Trust to my spouse than in the above amounts. This limited right
to make withdra als from the principal of the trust estate is noncumulative, so that an
amount which mi ht have been withdrawn during a particular year may not be withdrawn
in any subseque year. At the death of my spouse, the Trustee shall distribute the
remaining princip and accumulated income of the Family Trust in equal shares to my
L. FINKENBINDER, BETTY J BUTLER and KEVIN G.
FINKENBINDE per stirpes, which provides that the child or children of any deceased
child taking the s are their parent would have taken ifIiving.
F. If ny of my beneficiaries or heirs are under the age of twenty-five (25)
years of age at t e time of my death or the death of my spouse and inherit any assets
hereunder by virt e of my death, then in that event, the Trustee shall hold all of their
respective share(s IN TRUST according to the following terms and conditions:
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Upon the creation of this Trust, the Trustee shall divide this trust principal into
individual shares i the name of each heir or beneficiary in the amount equal to the amount
that said heir r beneficiary inherited hereunder. The Trustee, as well as my
representative, is ereby authorized to retain, unconverted, any property, real or personal,
that I may own at my death and shall be under no duty to convert it into legal investments.
The Trustee shal have the power and authority to sell, transfer, convey, invest and
reinvest and to p over the net income of the trust property, to or for the use of said heir
or beneficiary, or to accumulate it in the sole discretion of the Trustee. The Trustee is
also authorized a d empowered to pay over to, or for the use and benefit of my heirs or
beneficiaries such portion of or all of the principal of the trust estate as in the Trustee's
sole discretion se ms proper for their support, maintenance, education, or medical care.
My primary objec ive is to insure the support, maintenance, education and medical care of
my heirs and ben ficiaries until they reach the age of twenty-five (25) years. However,
notwithstanding e above, the Trustee shall have the sole discretion throughout the
duration of this t st in which to distribute any of the trust principal or income for the
benefit of any 0 my heirs or beneficiaries for any such purpose as the Trustee deems
reasonable under the circumstances such as but not limited to the purchase of real
property, tuition or further education or any other purpose which would in the Trustee's
sole discretion ad ance the best interest of said heir or beneficiary. When each respective
heir or beneficia reaches the age of twenty-five (25) years, then whatever remains of
income or princip I of the said heir's or beneficiary's divided share under this trust estate
shall be distribute to said heir or beneficiary, per stirpes. In the event that any said heir
or beneficiary be omes deceased prior to the final distribution hereunder without leaving
surviving issue, s . d deceased heir's or beneficiary's share shall be divided equally between
all of the heirs an beneficiaries who are a part of this trust and distributed in accordance
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with this Paragra h. For whatever reason there are no heirs and beneficiaries remaining as
a part of this t st, then in that event, the rest, residue and remainder hereof shall be
distributed in eq al shares to the residual beneficiaries set forth in Paragraph Three G.
below.
G. In the event that my spouse predeceases me, dies simultaneously or I
choose for what ver reason during my lifetime to withdraw all of the assets from the
Marital Trust set forth in my spouse's Last Will and Testament or if I have accumulated
any other assets hich are not being held in trust hereunder or under any written trust
document execut d by me during my lifetime, then in that event, I hereby give, devise and
bequeath all the est, remainder and residue of my estate to be divided and distributed in
equal shares to y children, BARRY L. FINKENBINDER, BETTY J. BUTLER and
KEVIN G. F NBINDER, per stirpes, which provides that the child or children of any
deceased child t . ng the share their parent would have taken ifliving.
FOUR.
I ake the following provisions pertaining to generation-skipping transfers:
A. M Executor or Executrix, as the case may be, may allocate any part of my
generation-skippi g tax exemption, which I have not irrevocably utilized during my
lifetime in such nner as my Executor or Executrix shall determine.
B. r purposes of fully utilizing my generation-skipping tax exemption if my
spouse survives e, my Executor or Executrix may make the election provided for in
Section 2652(a)( ) of the Internal Revenue Code of 1986, as amended (the "Internal
Revenue Code") 0 the extent my Executor or Executrix has elected to treat all or part of
1/<.(
5
the property pass' g under this will or under any deed of trust of which I am the settlor as
"qualified terrnin Ie interest property" under Section 2056(b )(7) of the Internal Revenue
Code.
C. M Executor or Executrix may elect not to have the deemed allocation
provisions of Sec ion 263 2(b) of the Internal Revenue Code apply to transfers made by me
during my lifetim .
D. T the extent that the allocation of any generation-skipping tax exemption
would not result in a particular trust being completely exempt from the generation-
skipping tax, the rustee shall separate such trust into two trusts, one of which is exempt
from and one of hich is fully subject to the generation-skipping tax. In the case of a trust
which has not re eived assets at the time the exemption is allocated, the separation shall
occur prior to y funding of the trust. A trust which is completely exempt from the
generation-skippi g tax shall be referred to as an "exempt trust" and a trust which is
to the generation-skipping tax shall be referred to as a "non-exempt
trust".
E. If he Trustee separates a trust into an exempt trust and a non-exempt trust
under the immedi te1y preceding paragraph:
(1 Any person who has a power of appointment with respect to that
trust may xercise such power differently as between the exempt trust and the non-
exempt t st.
(2 The percentage or fraction of principal that a beneficiary may
withdraw shall be calculated with respect to the total principal held in both the
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exempt non-exempt trusts. However, so long as there is any principal held in
empt trust, to the maximum extent possible any withdrawal shall be paid
n-exempt trust.
(3 If the Trustee has the discretionary power to distribute income of a
trust amo g "skip persons" and "non-skip persons" as defined in Section 2613(b)
of the Int rnal Revenue Code, the Trustee may exercise such power differently as
between t e exempt trust and the non-exempt trust.
F. In making any distributions hereunder for the vanous beneficiaries my
fiduciaries may llocate among such distributions assets which are exempt from
generation-skippi g tax equally or pro rata or on such other basis as they shall in their sole
and absolute disc etion determine, taking into account possible needs of beneficiaries for
distributions of p incipal, possible appreciation in the value of trust assets during the
lifetimes of the be eficiaries or such other factors as the fiduciaries consider significant.
G. Th Trustee may combine into a single trust two exempt trusts for the
benefit of the sa e beneficiary; similarly, the Trustee may combine non-exempt trusts for
H. N power to expend principal of an exempt trust for a beneficiary who is a
"non-skip person' as defined in Section 2613(b) of the Internal Revenue Code may be
exercised by the rustee so long as there is any principal held in a non-exempt trust and in
which the trustee as a similar power to expend principal for such beneficiary.
I. In addition to all other powers set forth in my Will, if at the death of a
beneficiary other han my spouse, including a person who becomes a beneficiary pursuant
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to the exercise of a power of appointment under my will, there is principal held in a non-
exempt trust for t at beneficiary and if in the absence of this power of appointment there
would be a taxabl termination with respect to such trust as defined in Section 2612 of the
Internal Revenue ode, such beneficiary shall have the power by will containing a specific
reference to this p wer of appointment to appoint any part or all of such principal outright
to anyone or mo e of his or her creditors and the creditors of his or her estate. Upon the
beneficiary's deat , to the extent he or she fails to exercise effectively such power of
appointment, the rustee shall pay to the beneficiary's estate or to the tax authorities an
amount equal to y increase in estate, inheritance and other death taxes, and interest and
penalties thereon, payable because of the inclusion of the unappointed principal in the
beneficiary's esta for tax purposes. The remaining unappointed principal shall be
distributed in acc rdance with the terms of the trust.
FIVE. Th Trustee, as well as my Executor or Executrix, shall have the following
powers, in addition to t ose vested in it by law, for my property held for the benefit of my
beneficiaries, whether inc me or principal, exercisable without court approval and effective until
the distribution of all pr perty under the terms of the trusts set forth in Paragraph Three or
Paragraph Four above:
The Trust e, at its discretion, may compromise claims, borrow money or retain
property for suc length of time as it may deem proper, sell, lease, pledge, mortgage,
transfer, exchang , convert or otherwise dispose of or grant option of all or any portion of
trust property for such prices and on such terms in public or private transactions as it may
deem proper; a d invest trust property and income without restrictions to legal
investments. The determination of the Trustee with respect to the advisability of making
payments out of he income or principal to any heir or beneficiary inheriting hereunder
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shall be conclusiv and binding on all persons howsoever interested in the respective trust.
Further, the Trust e shall be authorized to receive additions to the respective trust of any
kind or any prope y whatsoever from sources other than my estate and at any time in the
sole discretion of he Trustee.
SIX. I hereby nominate and appoint my spouse, MARILYN M.
FINKENBINDER, to be the Executrix of this my Last Will and Testament. If my spouse has
predeceased me, failed to qualify, renounced or ceased to serve as Executrix for whatever reason,
I then appoint BARRY L FINKENBINDER to serve as substitute Executor of this my Last Will
and Testament. In the ev nt that he has predeceased me, failed to qualify, renounced or ceased to
serve as Executor for w atever reason, I then hereby appoint BETTY 1. BUTLER to serve as
substitute Executrix of t is my Last Will and Testament. In the event that she has predeceased
me, failed to qualify, re ounced or ceased to serve as Executrix for whatever reason, I then
hereby appoint KEVIN . FINKENBINDER to serve as substitute Executor of this my Last Will
and Testament, whereby e said substitute personal representatives shall have the same powers as
are given to the original
SEVEN. I h reby nominate and appoint BARRY L. FINKENBINDER, or if he is
unable to serve for what ver reason, I then nominate and appoint BETTY 1. BUTLER, or is she
is unable to serve for wh tever reason, I then nominate and appoint KEVIN G. FINKENBINDER
to serve as Trustee of al the trust( s) created in Subparagraph Three F. herein. With respect to
Marital Trust and Family rust set forth in Paragraph Three and the trust(s) set forth in Paragraph
Four above, I hereby no inate and appoint my children, BARRY L. FINKENBINDER, BETTY
J. BUTLER and KEY G. FINKENBINDER, or the survivors of the three of them, as Co-
Trustees thereof
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9
EIGHT. N Executrix, Executor, or Trustee acting hereunder shall be required to
post bond or enter securi y in this or any other jurisdiction.
NINE. N person or persons shall benefit hereunder unless such beneficiary shall
survive me for a period 0 at least sixty (60) days.
TEN. In the event of a common disaster causing the death of myself, my spouse
and all of my children, w thout surviving issue, all within a period of sixty (60) days, and no other
disposition of the residu of my estate is directed by this Will, then in that event only, I give,
devise and bequeath th rest, residue and remainder of my estate, real and personal, to St.
Matthews Evangelical uthern Church, Plainfield, in memory of Lee K. and Marilyn M.
Finkenbinder to be used or its general purposes.
ELEVEN. N beneficiary may assign or anticipate his or her interest in any income or
principal held or distrib able hereunder; and no beneficiary's creditors may attach or otherwise
reach any such interest.
TWELVE. y person or institution entitled to share in any distribution under the
terms of this my Last W II and Testament becomes an adverse party in any proceeding to contest
the probate of this Last ill and Testament, such person or institution shall forfeit his, her or its
entire interest inherited reunder and all provisions in favor of such person or institution shall be
declared void and of n effect. The share of such person or institution so forfeited shall be
distributed as part of the residue pursuant to Paragraph Three G. hereof except that if such person
or institution is entitl d to share in the said residue, that interest shall be distributed
proportionately to the ot er residuary distributees.
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THffiTEEN. T e validity and administration of any trust established hereunder and any
question or disputes rei ting to the construction or interpretation of any said trusts shall be
governed and construed i accordance with the laws of the Commonwealth of Pennsylvania.
IN WITNESS
February, 2004.
EREOF, I have hereunto set my hand and seal thisJ~ day of
.~, !~A1)a~~ (SEAL)
LEE K. KENB ER
Signed, sealed, pu lished and declared by the above-named person as and for a Last Will
and Testament, in our pr sence, who at said person's request, in said person's presence and in the
presence of each other ha e hereunto set our names as subscribin . tnesses.
11
WE, LEE K. F KENBINDER, JAMES D. HUGHES and CHRISTINA N. YOST,
OWLEDGMENT AND AFFIDA VIT
the Testator and witnes es respectively, whose names are signed to the foregoing instrument,
being first duly sworn, d hereby declare to the undersigned authority that the Testator signed and
executed the instrument s his Last Will, and that he had signed willingly, and that he executed it
as his free and voluntary act for the purpose herein expressed, and that each of the witnesses, in
the presence and hearing of the Testator, signed the Will as a witness and that to the best of their
knowledge the Testator as, at that time, eighteen years of age or older, of sound mind and under
no constraint or undue in uence.
oIL
U~R-
CHRISTINA
COMMONWEALTH F PENNSYLVANIA
COUNTY OF CUMB
SS:
Subscribed, swo to and acknowledged before me by LEE K. FINKENBINDER the
Testator herein, and su scribed and sworn to before me by JAMES D. HUGHES and
CHRISTINA N. YOST, witnesses, this ~ day of February , 2004.
~{:.~
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Angela F. Uogel. Notary Public
outb Miildleton Twp.. Cumberland County
Mv Commission Ex"i... Oct. 7 2004
Member, Pennsylvania Association of Notaries
12