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HomeMy WebLinkAbout08-10-05 -.,. o z . . , Register of Wills of Cumberland County PETITION FOR PROBATE and GRANT OF LETTERS Estate of~-DL J{ ~ No. 0'5 - '11 ~ also known as To: Register of Wills for the County of Cumberland in the Commonwealth of Pennsylvania , DeceaserJ.. Social Security No. I b 0 - /6 - t) b r 0 The petition of the undersigned respectfully represents that: Your petitioner( s), who is/are 18 ~ one or older,~e execut_ named in the last will of the above decedent, dated .2 Jf ,. H ~ ,~ I r" fJ. and codicil(s) dated (state relevant circumstances, e.g. renunciation, death of executor, etc.) (list street, nu ber and munici Decedent, then ffyears of age, died flu ~t . "l .' 20~, at of: 3 '1 fl. fYI. p~ ~ Except as follows, decedent did not marry, was t divorced and did not have a child born or adopted after execution of the will offereq.for probate; was not the victim of a killing and was never adjudicated incompetent: Decedent at death owned property with estimated values as follows: (If domiciled in Pa,) All personal property $ J 0 0 0 (lfnot domiciled in Pa.) Personal property in Pennsylvania $ t:" t) " (If not domiciled in Pa.) Personal property in County $ ~ ( II 0 C V,,]oo 0",," "Ia~ m P""""IVMi. ~ ' 0 J, 00 Cl """'''''''0110=' ~! ~r i'FI I?O.,() WHEREFORE, petitioner(s) respectfully reques (s) the probate fthe last will and codicil(s) presented herewith and the grant of letters thereon. /'- Signature( s) of Petitioner( s) (testamentary; adm" ation c.t.a.; administration d.b.n.c.t.a.) Residence(s) ofPetitioner(s) ~~. ~~ ~~,:' ~/;;*Q~v:4~~~::1/?~6J Q ',0 '00) ,-',c'O ~t<r- ::~;~ ,::;.(") " :' ') - 11 c ~;:J --j .-- = ~ :0- C G"'.l :::0 :--r) )"1"1 ;-)1 C) I-~" ) C:) ;._~:-; :.U :~ CJ 1'<"'1 rn :JCJ o ., ..,.., c'S no ,~) ,:-;. ~'l C> " - -lU. N .&:"" <J.) Register of Wills of Cumberland County OATH OF PERSONAL REPRESENTATIVE } COUNTY OF CUMBERLAND COMMONWEALTH OF PENNSYLVANIA SS: 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 ofpetitioner(s) and that as personal representative(s) of the above decedent petitioner(s) will well and truly administer the estate according to law. Sworn to or affirme~ lLl}d subscribed Be~me this 1fJV1 day of ~J . ,ZOoS /J&~tk~~ egister . w& ,I ~ No. { '1<:5::::- ! ~ a A CJ) ~. '" 0; .., ,!!, ~ Estate of IJtj~ fI I--i :5~h , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW J 6"'=h 0 u ~U..sj zcf)!J, in consideration of the petition on the reverse side hereof satisfactory proof having b en presented before me, IT IS DECREED that the instrument(s), dated e/~~~ M ' described therein be admitted to probate filed of record as the last will of L_~ _ /}, ,_ ; and Letters are hereby granted to YJQr In Oil W If{ a.nd' Ti na L. ~/Y),.H, PMi.{~;:;/Jf:Jr!, FEES Probate, Letters, Etc. ............. Will................................. Renunciation...................... . Short Certificates ( )............ JCP.................................. Automation Fee......... ....... ... Bond............................. .... Total Filed $ $ $ $ $ $ $ $ ,...., => <=> c.n ~ c:: G) Attorney (Sup. Ct. I.D. No.) .-:;:7 ;'-'('1 C-:i C) = (:::J rn o C) -'1 ---n o rn '.J)(~ --n o ~g ~~o . 'f~.... I ,-.:;.-"n"l m~ . ~-1C) S~2 -11 Address o -0 :::::: _0 --< ,J ,";'... r-.> .r;:- W ZO_ Phone , , LAST WILL AND TESTAMENT of HELEN H. SMITH I, HELEN H. SMITH, widow of LEONARD R. SMITH, of 148 EASTERLY DR., MECHANICSBURG, CUMBERLAND County of Pennsylvania, being an emancipated adult of sound and disposing mind, DO HEREBY designate this my LAST WILL and TESTAMENT revR~ing any and all wills and codicils made by me prior to the date set hereinafter. C) ~ ic;;; ,0 ':Da C) .,~ C C) c> :0 l=:J rn CJ (~ -r-t '-1 c=S ._ rn ;-:l {::-) ''71 GENERAL PROVISIONS Article I. EXECUTOR o '" ,,.... Section 1.01 NAMED. N (a) .r:- W I do hereby name KARIN F. TATELA and TINA L. SMITH to act as executor(s) of my estate, or whichever of them shall be living in my state of residence at my death. They may split their duties, if I own real estate in more than one state, so that the administration of my estate shall be the most efficient. (b) In the event that the above-named executor(s) shall fail to qualify or cease to act, the beneficiaries shall elect a new executor. Section 1.02 RIGHTS and PRIVILEGES. They shall have all the rights and privileges accorded by law and the specific rights and responsibilities set forth hereinafter which shall be exercisable without court authorization. Section 1.03 FEES and BONDS (a) The executors named hereinabove shall receive NO FEES (b) It is further provided, that my executors shall serve without bond and shall be held harmless unless the damages were caused by gross incompetence, gross negligence or actual intent to defraud. Article II. MANAGEMENT PROVISIONS I, hereby, authorize my EXECUTOR(S) in his/her/their discretion: Section 2.01 To retain and/or invest in all forms of real and personal property, without being confined to those investments authorized by any statutory list; without being required to diversify and regardless of any principle of law limiting delegation of investment responsibility of executors; - 1 - Init. . , LAST WILL and TESTAMENT of HELEN H. SMITH Section 2.02 To compromise claims and to abandon any property which, in my executors' opinion, is of little or no value; Section 2.03 To sell at public or private sale, to exchange or to lease for any period of time, any real or personal property, and to give options for sales or leases; Section 2.04 To join in any merger, reorganization, voting-trust plan or other concerted action of security holders, and to delegate discretionary duties with respect thereto; Section 2.05 To partition, subdivide or improve real estate and to enter into agreements concerning the partition, subdivision, improvement, zoning or management of any real estate in which my estate has an interest and to impose or extinguish restrictions on any such real estate; Section 2.06 To employ and to rely upon advice given by investment counsel, to delegate discretionary authority to make changes in investments to investment counsel, and to pay investment counsel reasonable compensation; in addition to any fees otherwise payable to my executors; Section 2.07 To employ a custodian, to hold property unregistered or in the name of a nominee [including the nominee of any institution employed as custodian], and to pay reasonable compensation to the custodian; in addition to any fees otherwise payable to my executor; Section 2.08 To borrow, and to pledge property, real or personal, as security for repayment of any funds borrowed; Section 2.09 To operate any business of which I was the owner on the date of my death, to the extent permissible under the law, and/or to hire such employees/managers to continue such business until it can be sold or otherwise distributed; and Section 2. 10 Except for such specific instructions set forth hereinafter, to distribute in cash or in kind. (a) The executor(s) MAY in their sole discretion make distributions of property on behalf of a beneficiary to such other persons as the executor may deem to be in the best interests of the beneficiary, but the executor(s) cannot be compelled to do so. (b) The executor( s) in distributing the assets of the estate should consider the nature and use of the asset, and to the extent possible, in their discretion, distribute the asset to the beneficiary who would most benefit from its receipt. Article III. FUNERAL I, hereby, direct my executors to pay for all expenses incurred in my cremation/funeral, including, but not limited to, cemetery plot, casket, vault, embalming, funeral home's services, death certificates, etc. including such costs that are reasonable thereto. - 2 - Init. LAST WILL and TESTAMENT of HELEN H. SMIlH Article IV. DEBTS and BILLS Section 4.01 I, hereby, direct my executors to undertake whatever actions are reasonable and prudent to collect all sums owed to me at the time of my death, including, but not limited to, loans (whether secured or unsecured), dividends, interest, unpaid wages, insurance proceeds, and damages under law or in equity, etc. Section 4.02 I direct the executor(s) to pay all debts owed by me individually upon receipt of due proof of both the existence of the debt, and the correct amount owed. (a) Provided, that such debts are unsecured by any property, real or personal. (b) If, however. the debt is secured: (i) it shall be paid if a speCific bequest to pay such debt is made herein; (ii) otherwise: 1 ) the debt shall pass with the property to the appropriate heir. Unless, 2) the secured property is sold by the estate, then the debts secured by that property shall be satisfied. Article V. TAXES and FEES Section 5.01 I direct the executors to pay from my estate all taxes due, whether as income taxes, estate taxes, inheritance taxes, transfer taxes or personal property taxes, which are payable because of my death. Section 5.02 In addition, they shall pay all fees necessary for the changes in ownership which are caused by my death. Section 5.03. Such TAXES and FEES shall: (a) First, be paid from my residual estate; and if that is insufficient, (b) they shall be apportioned between the specific bequests set forth hereinafter. (c) Should my estate be insufficient to pay such taxes and fees, then the executors shall seek contributions for such unpaid taxes and fees from those assets which passed outside of my estate, but which are included in my taxable estate for Federal Estate and state Inheritance and Estate Taxes, in proportion to the amount of such taxes and fees generated by each such asset. - 3 - Init. LAST WILL and TESTAMENT of HELEN H. SMfIH Article VI. KNOWLEDGE and DEFINITIONS Section 6.01 Being aware that each state has different laws relating to the definition of "estate" and the rights of survivors, and, further, that the definition of "taxable estate" as set forth by the Internal Revenue Service, includes many types of property which are not included in my estate under Pennsylvania law, I, hereby, state that for purposes of this WILL: (a) "estate" shall mean and be equivalent to the probatible estate as defined under Pennsylvania law; (b) "taxable estate" shall mean the "gross estate" as defined by the Intemal Revenue Service, and (c) "residual estate" shall mean my estate after deducting all SPECIFIC BEQUESTS and HOUSEHOLD and PERSONAL EFFECTS as set forth, hereinafter. Section 6.02 "Spouse" shall mean that person who is my spouse on the date of my death, and use of a proper name to describe my spouse shall not be an indication of my intention to leave anything to the named person, unless such person is my spouse on the date of my death. Section 6.03 "Child(ren)" shall mean the natural child, adopted child, step-child either legitimate or illegitimate, whether a product of the appropriate union or otherwise, whether now existing or born hereafter. Section 6.04 "Applicable Exemption Amount" shall mean that amount which when added to any prior "taxable" gifts would yield under the then applicable lifetime exclusion a net "Federal Estate Tax" of ZERO ($ 0.00) DOLLARS, plus such additional amount which would generate "Federal Estate Tax" equal to the Death Tax Credit for such taxes owed to the state of domicile. Article VII. COMMON DISASTER and SURVIVORSHIP Section 7.01 If any person, who is an heir under this WILL, by name or relationship, shall fail to survive me by 60 days, for any reason, they shall be deemed, for the purpose of inheriting under this WILL, to have died one day before my death and the estate shall be distributed accordingly. Section 7.02 If I for any reason die within 90 days after the death of a joint owner of property, I hereby direct my executor(s) to disclaim my inheritance of such property and it shall be treated as "Tenants in Common". My estate is only to receive the appropriate value of my ownership of such property as if it had been partitioned on the day immediately preceding the joint owner's death. Where multiple properties are co-owned with the same co-owner, the executor is permitted to group such properties, such that the total received by my estate is equal to the appropriate value. Article VIII. SPENDTHRIFT PROVISIONS -4- Init. LAST WILL and TESTAMENT of HELEN H. SMITH No beneficiary may sell, give or otherwise transfer his or her interest in income or principal hereunder. No person having a claim against a beneficiary may reach any such interest before actual distribution and/or payment to the beneficiary. Article IX. POWERS OF APPOINTMENT Any power of appointment which I may have at the time of my death shall NOT be exercised by any provision of this WILL either explicitly or implicitly. BEQUESTS and GIFTS Article X. HOUSEHOLD and PERSONAL EFFECTS Section 10.01 If at the time of my death, I am unmarried with lineal descendents, I hereby give any and all articles of personal or household use, including automobiles, in which I own any interest to such of my daughters as they shall mutually agree to distribute. Except that any such SPECIFIC BEQUEST, set forth hereinafter, shall take precedence over this provision to the extent of any conflict in interpreting such provisions. The value of all articles so distributed shall be included when calculating such beneficiary's appropriate residual share of my estate. Article XI. SPECIFIC BEQUESTS Any speCific bequests set forth herein shall be included from any residual shares of the beneficiaries as calculated hereinafter. Section 11.01 NONE Article XII. RESIDUAL ESTATE Except for such specific bequests and HOUSEHOLD and PERSONAL EFFECTS as set forth herein, I do hereby leave my RESIDUAL ESTATE as follows: Section 12.01 If I am unmarried at the time of my death, I direct all my property, whether real or personal, tangible or intangible, to be sold and the proceeds to be distributed with one share of such amount going to each person or group as enumerated herein: - 5 - Init. LAST WILL and TESTAMENT of HELEN H. SMIlH (a) KAREN F. TATELA, and (b) TINA L. SMITH, and (c) my grandchildren as a singular group, now living or hereafter born, whether named hereinabove or not, in equal shares, per stirpes; Section 12.02 If, at the time of my death, I am both unmarried and have no surviving lineal descendants, I direct that all property be sold and the proceeds received therefrom shall be distributed in accordance with the laws of descent in Pennsylvania. [THIS SPACE IS INTENTIONALLY LEFT BLANK] -6- Init. . . LAST WILL and TESTAMENT of HELEN H. SMIlH SIGNATURE Intending to be legally bound by the terms and conditions set forth above, comprising a total of 8 printed pages, which includes this page and the affidavit, and further having initialed each of said pages, and for such terms and conditiTs to b~inding on myexecutor(s), heirs, and descendents, I do this ~ day of ;111VeJl1 / , 199-1.-, affix my sign before the witnesses and notary set forth hereinbelow. .u~~_/ 7./ ~A'~ HELEN H. SMITH WITNESSES We, the undersigned witnesses, personally knowing the testator of this LAST WILL and TESTAMENT, and having the testator state to us that this is the testator's LAST WILL and TESTAMENT, did witness the testator affixing his/her sign hereinabove on the date set forth above. f!::' V~/L Witnes - Signed 4k tJ, tevrd~Y- - Printed l?'6 ri ((7rfK"(J(JC G'y-c..l) Su;J.e /0'1 Address J;hril'~Uj / f:t) Fi-)/O ~Me ) L. fj..:~ - Printed ifW ~~'<e C1-c)e., ~v,.~ /O<j Address H-~('vjsbW;) PA /7/10 - 7 - Init. . . LAST WILL and TESTAMENT of HELEN H. SMIlH COMMONWEALTH of PENNSYLVANIA AFFIDAVIT ) )) ) s.s. COUNTY of DAUPHIN I, THE UNDERSIGNED, a Notary for DAUPHIN County and Commonwealth, knowing or having proven the identities of the testator and witnesses, above, and having seen each individually set their hands and signs, and further, determining that such action was voluntary for each such person, I do hereby set my sign and seal on the date aforesaid. Notarial seal Robert J. KreIdler, Notary Public Susquftnna Twp., 0auIII1lI1 County My Commlsslan Expires Oct. 14, 2Oll2 Mtm_. PtnnsyIvania Association 01 Notaries - 8- Init.