HomeMy WebLinkAbout06-24-05
PETITION FOR PROBATE and GRANT OF LETTERS
Estate of 14/br-f '13AJI~ No. ~l-OS- ossi
also known as To:.
Register of Wills for the \ A
, Deceased. County of Cu-............ ~n the
Social Security No. ! 7 ~ -z.. "'Z- (."" I 7~ Commonwealth of Pennsylvania
The petition of the undersigned respectfully represents that:
Your petitioner(s), who is/are 18 years of age or older an the execut t!:> ~
in the last will of the above decedent, dated ~ -.M.s lI\,.Io..o.J'\ z...1
and codicil(s) dated - ~ ~ - \
named
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Decendent, then 1'5
at
Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted
after execution of the will offered for probate; was not the victim of a killing and was never adjudicated
incompetent:
years of age, died
~I
~ ~.s:
Decendent at death owned property with estimated values as follows:
(If domiciled in Pa.) All pe.rsonal property
(If not domiciled in Pa.) Personal property in Pennsylvania
(If not domiciled in Pa.) Personal property in County
Value of real estate in Pennsy. vania
situated as follows:
00
WHEREFOR~, petitioner(s) respectfu\lJieqkj(S) the ~robate of the last will. and codicil(s)
presented hereWIth and the grant of letters S rru n 9
(testamentary; administration c.t.a.; administration d.b.n.c.t.a.)
theron.
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OATH OF PERSONAL REPRESENTATIVE"
COMMONWEALTH OF PENNSYLVANIA }
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COUNTY OF
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The petitioner(s) above-named swear(s) or affirm(s) that 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 represen-
tative(s) of the above decedent petitioner(s) will well and truly administer the estate according to law.
Sworn to or affir~<l.!nd subscribed ~ ~
ore me this D2o"- day of ~
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Estate of
No. {) \-OS-OSS<t{
A l- ~ ~,-- ~A-L-L.6 '"? , Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
AND NOW ~ ~ D, d.OO 5 ~_, in consideration of the petition on
the reverse side h reof, satisfactory proof havmg been presented before me,
IT IS DECREED that the instrument(s) dated ~ - d-I - ';>"'005
described therein be admitted to probate and filed of record as the last will of
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.. and Letters . .LU-~
are hereby granted to Ih~ f\ [So.. ~_~
~-\:: ~-\::c~,JEES 5 00
Probate, Letters, Etc. ......... $135 .oa
Short Certificate~(9'" . ...... $ ~O. a2::J
~ ~......... $\5.c~
il\ P $1 () ,U\)
TOTAL _ $1'35-CO
Filed ~. ~ ~.df:9.05........
4 N.Hanover St, Carlisle,PA 17013
ADDRESS
717-243-4574
PHONE
Thi s is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as
Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing.
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WARNING: It is illegal to duplicate this copy by photostat
Fee for this certificate. $6.00
Local Registrar
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COMMONWEALTH OF PENNSYLVANIA' OEPARTMENT OF HEALTH' VITAL RECORDS
CERTIFICATE OF DEATH
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S"--J;:''' SECuRlrY NUMOER
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DATE Of INJURY
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To the beal 01 my kno..l.dg., d.athoc<:~Hed at.... dr'., dlt., .nd pla<:.. oInddua to tha ~oIu..tllolnd manner aa .Iated..
'WEDICAl EXAMINER/CORONER
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REGlSTRAR'S SIGNATURE AND NUMBER
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Will
I, Albert Ba!lots, of909 Spring Circle, Mechanicsburg, Cumberland County, Pennsylvania,
declare this to be my last will and revoke any will previously made by me.
Item One: I direct that all my debts, medical expenses and funeral expenses including my
gravemarker shall be paid from my residuary estate as soon as practicable after my decease as a
part of the expense of the administration of my estate.
Item Two: I give, devise, and bequeath my entire estate, both real and personal and mixed, to
my son Thomas A. Ballots, in trust for the following purposes: to hold, manage, invest, and
reinvest the income therefrom, to be administered in accordance with the following terms:
1. All the net income and so much of principal as is necessary for the following purposes
thereof from the trust during the lifetime of my wife Patricia J. Ballots, for her priority benefit
and applied for her health, care, medical and mental care, long term nursing care, insurance, and
maintenance, and for the health, medical, and mental care, and customary insurance benefits and
maintenance of mobile homes and rental units of my son Thomas A. Ballots, and for the health,
medical, and mental care, and customary insurance benefits of my daughter Deborah J. Ballots,
with the priority of allocation of benefits among the two remaining beneficiaries determined by
my Trustee. Upon the decease of my wife PatriciaJ. Ballots after my death, then the following
disposition:
(A) Trustee shall give and bequeath to Deborah J. Ballots a sum to be determined by my son
in his sole and absolute discretion to be identified as the "discretionary trust", not to be less than
one- fourth nor to be more than one-third of the trust estate remaining at the time of my wife
Patricia's death; he shall further determine how he shall distribute the sum in Trustee's absolute
discretion; for instance, he may distribute the sums in a larger or smaller share over a period of
time, not to exceed over ten years after the death of my wife Patricia J. Ballots, at which time my
daughter Deborah J. Ballots shall receive the balance of her trust share; and the trust shalfbe
closed.
(B) At the time of my wife's death, the remainder of the trust not identified as the
"discretionary trust" shall be paid over to my son Thomas A. Ballots.
(C) In the event that my son dies prior to the distribution of his share, his share shall be
distributed to his wife Kathy Renee Ballots.
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Guardian shall establish separate guardianship accounts.
Item Three: I appoint my son Thomas A. Ballots Executor and Trustee of this my last will.
Should he fail to qualify or cease to act as Executor, I appoint my daughter-in-law Kathy R.
Ballots, of 16 Quarry Hill Road, Shippensburg to act as Executrix and alternate Trustee with the
same rights, powers, and duties.
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Item Four: In addition to the rights and powers given to the fiduciaries by law or elsewhere in
this Will, I give to my personal representative and Trustee, without any order of court and in
their sole discretion, the following rights and powers:
A. Retain any property owned by me at my death and to invest and reinvest in any property
without restrictions to legal investments.
B. Keep reasonable amounts of cash in bank and uninvested, as deemed advisable for the
protection of principal.
C. Purchase investments at premiums and charge premiums to income or principal or partly
to each.
D. Subscribe for stocks, bonds, or other investments; join in any plan of lease, mortgage,
merger, consolidation, reorganization, foreclosure or voting trust and deposit securities
thereunder; and generally exercise all the rights of security holders of any corporation.
E. Register securities in the name of a nominee in such manner that title shall pass by
delivery.
F. Vote, in person or by proxy, securities held by it and in such connection to delegate its
discretionary powers.
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G. Repair, alter, improve or lease, for any period of time, any property, and give options for
leases.
H. Sell at public or private sale, for cash or credit, with or without security, and exchange or
partition property and give options for sales or exchanges.
I. Borrow money from any person, including my Trustee or personal representative, and
mortgage and pledge any property.
]. Loan money to, borrow money from, sell property to, buy property from, and exchange
property with, and inter vivos or testamentary trust created or established by my wife *.
K. Compromise claims.
L. Add to the principal of any trust created hereunder and any property received from any
person by deed, will, or in any other manner.
M. Pay premiums on any life insurance, annuity, or endowment policies, which may have
been retained or purchased herein and exercise any right, option or privilege thereunder.
N. In the exercise of Trustee's discretion with respect to the use of principal for any
beneficiary, taking into account other property and income available to such beneficiary; and in
so doing, Trustee may conclusively rely on written representations made to it by such
beneficiary, and judgment of my Trustee as to the amount of principal so used and the extent to
which other resources are considered shall be conclusive as to all parties and interest.
O. Advise in the use of expenses an losses as deductions for federal income tax or estate tax
purposes, or partly for each, as they shall be deemed advisable, without adjustments between'
income and principal in consequence of the exercise of such discretion.
P. Make distributions in cash or in kind or partly in each.
Q. The Trustee shall exercise all power, authority and discretion given by this instrument as
to termination of any trust created herein until the same is fully distributed.
Item Five: All estate, inheritance, succession, and other taxes, imposed or payable by reason of
my death, and interest and penalties thereon, with respect to all property comprising my gross estate
for tax purposes, whether or not such property passes under this will, shall be paid out of the
principal of my residuary estate, without apportionment or right of reimbursement. In the event that
a substantial portion, as determined in the sole and absolute judgment and discretion of my
Executor, of any non-probate assets, such as an annuity or mutual funds, are directed to be paid to a
beneficiary or beneficiaries, so that the taxes referred to herein would be paid out of the probate
residue passing to the beneficiary or beneficiaries of this will (whether or not the same as the
beneficiary or beneficiaries under the non-probate assets), my Executor, in the Executor's sole and
absolute judgment and discretion, shall direct or have the right to allocate a full or partial payment
of the taxes to the beneficiary or beneficiaries of the non-probate assets.
Item Six: I direct that my personal representative or guardian shall not be required to give
bond for the faithful performance of their duties in any jurisdiction.
IN WITNESS WHEREOF, I have hereunto set my hand this!2.L day of February, 2005.
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Albert Ballots
. ,
The preceding instrument, consisting of this and three other typewritten pages each identified by the
signature of the Testator was on the day and date thereof signed, published and declared by the
Testator therein named as and for his last will, in the presence of us, who at his request, in his
presence and in the presence of each other have subscribed; ur n es.
COMMONWEALTH OF PENNSYL VANIA
ss
COUNTY OF CUMBERLAND
We, John H. Broujos and 1~[t,n01 fY\eXC.aJb , witnesses whose names are signed to the
attached or foregoing instrument bemg duly qualified according to law, do depose and say that we
were present and saw the Testator sign and execute the instrument as his last will; that he signed
willingly and executed it as his free and voluntary act for the purposes therein expressed; that each
of us in the hearing and sight of the Testator signed the will as witnesses; and that to the best of our
knowledge, the Testator was at the time 18 or more years of a e, of d min~. der no
constraint or undue influence. ~ ["v-a r-
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Notarial Sea!
; [v[knell) L. Fortney, Notary Public
1 CO.disle Bon-. <;"lrrotberland County
L.~Y COrlltnlMioti ~,,!:lres Apr. 17, 2006
Mw!'\bG' ..'c,.!1'1;".t./!....;,., 1.,,;~..,c;.,rior'"ofNotaries
Sworn and s}lbscribed to before
me l~is I.jdr . day of Fe,hruf 2005.. /
ttJM ~ 7/ikc/
. . NOTARY PUBLIC ~..
COMMONWEAL TH OF PENNSYL VANIA
ss
COUNTY OF CUMBERLAND
1. Albert Ballots, whose name is signed to the attached document, having been duly qualified
according to law, do hereby acknowledge that I signed and executed the instrument as my last will;
that I signed it as my free and voluntary act for the purposes therein expressed.
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Albert Ballots, Testator
Sworn and affirmed to and acknowledged
before me this cJ I day of February, 2005.
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NOTARY PUBLIC ~.
Notarial Se'di
Michele L. Fortney, Notary Public
Carlisle Bora. Cumberland County
My Commission Expires Apr. 17, 2006
Member. Pe"ro':).JVan~iSOC1A,tion of Notaries