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HomeMy WebLinkAbout01-12-06 PETITION FOR PROBATE and GRANT OF LET~ERS Estate of Lisbeth Ellen Shelley No.:A l-D ~ -D5g also known as To: Register of Wills for the , Deceased. County of Cumber land in the Social Security No. 206 - 3 6 - 2401 Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioner(s), who Odare 18 years of age or older an the execut or s in the last will of the above decedent, dated May 24, 2004 and codicil(s) dated none named ,xIJ}~ (state relevant circumstances, e.g. renunciation, death of executor, etc.) Decendent was domiciled at death in Cumbe7"land County, Pepnsylvania, with her last family or principal residence at 32 Llberty Court, Carllsle South Middleton Township, Cumberland eounty, Pennsylvanla (list street, number and muncipality) Decendent, then 55 years of age, died January 6, 2006 ,Jq~x ~ 32 Libert Court, Carllsle, Pennsylvanla l/Ul~ 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: Decendent at death owned property with estimated values as follows: (If domiciled in Pa.) All personal property (If not domiciled in Pa.) Personal property in Pennsylvania (If not domiciled in Pa.) Personal property in County Value of real estate in Pennsylvania situated as follows: $ 875,000.00 $ $ $ WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented herewith and the grant of letters tes tamen tary (testamentary; administration c.La.; administration d.b.n.c.La.) theron. ~ en '" U " '" ~3 '" ... 00:'" " -00 ,,';: ~.= ~'" ~o... "'''- 5 0 (;5 " OJ) Cii (,) OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA J.. ss COUNTY OF Cumber land J en <-.:, 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 t at as personal represen- tative(s) of the above decedent petitioner(s) will well tru administ r the estate according to law. V) QQ' ;:s !:l ..... l:: ~ ~ No. ~I- OLo - o3g Estate of Lisbeth Ellen Shelley , Deceased DECREE OF PROBATE AND GRANT OF LETTERS A NOW' -rILl.. ( " '^ .0'-' 13 ,,/ OLe:> . 'd' f h . . ND ""--<)kr" '^-lA''' ,r r-' III conSI eratlOn 0 t e petItIon on the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s) dated May 24, 2004 described therein be admitted to probate and filed of record as the last will of Lisbeth Ellen Shelley and Letters Testamentary are hereby granted to Joanne S. Kronenberq and Andrew S. Kronenberg FEES Probate, Letters, Etc. ......... $ (olO. 00 Short Certificates( i{)) . . . . . . . . .. $ .4 0, 00 Itl;uuU~~Clt~vu W! 1.+:-. . . . . . . . .. $ 15. 00 JQ..R ~ $ 15, 00 TOTAL _ $ w~O(OD Filed ... ~ .-: .I.~. :- Q.~. . . . . . . . . . . . . . . . . . . Michael A. Scherer, Esquire 61974 ATTORNEY (Sup. Ct. I.D. No.) 19 West South Street Car lis l<WDRESS PAl 70 1 3 ~~OfWiU:~; (717) 249-6873 PHONE ~ LAST WILL AND TESTAMENT OF LISBETH E. SHELLEY I, LISBETH E. SHELLEY, of Blair County, Pennsylvania, declare this to be my Will and revoke all prior Wills. FIRST: Tangible Personal Property: I give all of my tangible personal property, including any automobiles, together with all insurance on such property, to sister, JOANNE S. KRONENBERG, and my nephew, ANDREW SHELLEY KRONENBERG, to be divided among them as they shall agree. If there is no agreement, this property shall be sold and the proceeds shall be added to the residue of my estate. My Executor shall pay, as an expense of settling my estate, the costs of packing, storage, shipping and insurance incurred in connection with the distribution of the gifts of tangible personal property made above. SECOND: Specific Devise of Residential Property: I give and devise to my parents, WILLIAM L. SHELLEY and LUCILLE C. SHELLEY, jointly, ifboth survive me, or the entire interest to the survivor if only one survives me, my real estate, known as Seagulls Condominium No. 512,200 Renn Street, Tavernier, Florida, together with any fire insurance policies thereon, free and clear of any encumbrances thereon at the date of my death, including, but not limited to, mortgages, liens, tax arrearages and assessments, which encumbrances I direct to be paid as debts of my estate. THIRD: Residue: I give, devise and bequeath all of the residue of my estate, of whatever nature and wherever situated (including lapsed legacies and devises), as follows: ]054]0.] 5118/04 A. One share equal to FIFTY PERCENT (50%) of such residue to my sister, JOANNE S. KRONENBERG, if she survives me. If she fails to survive me, this share shall be added to the share for my nephew, ANDREW SHELLEY KRONENBERG in subparagraph B and distributed in the manner provided therein. B. One share equal to FIFTY PERCENT (50%) of such residue to my nephew, ANDREW SHELLEY KRONENBERG, ifhe survives me. Ifhe fails to survive me, this share shall be added to the share for my sister, JOANNE S. KRONENBERG in subparagraph A and distributed in the manner provided therein. C. Ifthere is a complete failure of beneficiaries under both subparagraph A and subparagraph B, such shares shall be distributed to Margaret E. Koss, Christopher Eric Kronenberg, and William M. Kronenberg. FOURTH: Trust Provisions for Certain Beneficiaries: A. Any income or principal (other than tangible personal property) distributable to a beneficiary (other than ANDREW SHELLEY KRONENBERG) under the age of twenty-five or who, in the sole determination of the Executor or Trustee, is incapacitated, shall be held in a trust fund by the Executor during the administration of my estate and thereafter by the Trustee. The Executor or Trustee may apply such amounts of the income and principal otherwise distributable as the Executor or Trustee, in the sole discretion of the Executor or Trustee, deems proper for the support, health, education and welfare of such beneficiary, either by direct payment of bills, or by payments to such beneficiary, his or her duly appointed guardian of the estate or person, or any person (including the parent of a beneficiary under the age of twenty- five) who has the care or control of such beneficiary, as the Executor or Trustee selects. 105410 1 51\8/04 -2- B. The Executor or Trustee shall distribute the balance of principal of any fund held in trust hereunder to such beneficiary when the beneficiary attains age twenty-five or, in the sole determination of the Executor or Trustee, is no longer incapacitated, whichever is later. If such beneficiary dies before attaining age twenty- five or while incapacitated, distribution shall be made to the estate of the beneficiary. C. Whenever, in the sole determination of the Executor or Trustee, any fund held in trust under this Article FOURTH is or has become too small to warrant establishing or continuing such fund in trust, or its administration is or becomes impractical for any other reason, the Executor or Trustee, in the Executor or Trustee's sole discretion, may pay such fund, outright, to the guardian of the estate or person of the beneficiary of such fund, or to any person (including the parent of a beneficiary under the age of twenty-five) who has the care or control of such beneficiary. In the case of a beneficiary under the age of twenty- five, the Executor or Trustee may pay such fund, outright, to a custodian for such beneficiary under the age of twenty- five under a Uniform Transfers to Minors Act or Uniform Gifts to Minors Act or may deposit such fund in an interest-bearing account in a financial institution ofthe Executor or Trustee's choosing, payable to the beneficiary upon attaining age twenty- five. D. The Executor or Trustee shall not be obliged to supervise or inquire into the application of any distributions of income or principal made under this article and the receipt by a payee designated hereunder shall be a complete release of the Executor or Trustee. FIFTH: Protective Provision: All principal and income shall, until actual distribution to the beneficiary, be free of the debts, contracts, alienations and anticipations of any beneficiary, and shall not be liable to any levy, attachment, execution or sequestration while in the hands of my Executor or Trustee. 105410 I 5/1 ~/04 -3- SIXTH: Tax Clause: All estate, inheritance, succession and other death taxes, imposed or payable by reason of my death, and any penalties thereon, with respect to all property owned by me at the time of my death and passing under this Will or any Codicil (the "Taxes"), shall be paid out of the principal of my residuary estate, as if the Taxes were administration expenses, without apportionment or right of reimbursement. The Taxes shall be paid at such time or times as my Executor may deem advisable. SEVENTH: Powers of Executor and Trustee: In addition to the powers given by law, my Executor and Trustee, and any successors, without any order of court and in the sole discretion of the Executor and Trustee, may: a. Retain any real or personal property, as long as deemed advisable. b. Invest in any real or personal property in accordance with the prudent investor rule. c. Subscribe for stocks, bonds or other investments; join in any plan of lease, mortgage, merger, consolidation, exchange, reorganization, foreclosure or voting trust and deposit securities thereunder; and generally exercise all the rights of security holders or employees of any corporation. d. Register securities in the name of a nominee or in such manner that title will pass by delivery. e. V ote securities in person or by proxy, and in such connection delegate discretionary powers. f. Repair, alter, improve or lease, for any period of time, any real or personal property, and give options for leases. g. Sell at public or private sale, for cash or credit, with or without security, exchange or partition any real or personal property, and give options for sales or exchanges. h. Borrow money from any person, including any fiduciary, and mortgage or pledge any real or personal property. i. Disclaim any interest or power granted to me under any instrument or by operation oflaw. 105410.151\8104 -4- j. Employ investment and legal counsel, accountants, brokers and other specialists, and, whenever there shall be no corporate fiduciary in office, a corporate custodian, and compensate them and reimburse their expenses out of income or principal or both (in addition to fiduciary commissions), and delegate to investment counsel (including an account executive at a securities firm) discretion with respect to the investment and reinvestment of any or all ofthe assets held hereunder. k. Pay administration expenses, including, without limitation, interest on death taxes ("administration expenses") from principal or income, including income otherwise payable to charity; provided, however, that no allocation of administration expenses to income shall be made that would prevent any assets from otherwise qualifying for the federal estate tax charitable deduction. 1. Use administration expenses as deductions for federal estate tax purposes or fiduciary income tax purposes or partly for each, without making adjustments between principal and income in consequence of the exercise of such discretionary power. m. Compromise claims. n. Divide any trust hereunder, which division may be made on a non- pro rata basis, into two or more separate and independent trusts and make any principal distributions otherwise authorized hereunder from the trusts on a non-pro rata basis. o. Add to the principal of any trust created hereby any property received from any person by Deed, Will or in any other manner. p. At any time merge any trust hereunder with any other trust held by my Executor and Trustee, whether created by me or by any other person by Will or Deed, if the terms of the trust are then substantially similar and held for the primary benefit of the same person or persons. q. Make distributions without the consent of any beneficiary, in cash or in specific property, real or personal, or an undivided interest therein, or partly in cash and partly in such property and do so, except as otherwise specifically provided elsewhere herein, without regard to the income tax basis of specific property allocated to any beneficiary (including any trust) and without making pro rata distribution of specific assets. r. Allocate basis pursuant to Section 1022 of the Internal Revenue Code of 1986, as amended, or successor provisions (the "Code"); provided, however, that such allocation shall be made in a fair and equitable manner among the beneficiaries of my estate, as my Executor, in my Executor's sole discretion, shall determine. s. Exercise all power, authority and discretion given hereby, after the termination of any trust created herein until the same is fully distributed. 105410.15/18104 -5- My Executor and Trustee may make, but shall not be required to make, any adjustment of the amount distributed to any beneficiary who would have received a greater or lesser amount if my Executor or Trustee had made a different or contrary decision in reference to any of the above matters. I exonerate my Executor and Trustee from any liability arising from any exercise or failure to exercise these powers, provided the actions (or inactions) of my Executor or Trustee are taken in good faith. EIGHTH: Appointment of Fiduciaries: I appoint my sister, JOANNE S. KRONENBERG, and my nephew, ANDREW SHELLEY KRONENBERG, and the survivor of them, Executor of and Trustee under this Will. No Trustee who is a beneficiary or who owes a legal duty of support to a beneficiary shall participate in any discretionary decision relating to the right of such beneficiary in or to principal or income or in any determination of such beneficiary's incapacity. In such cases the decision of the other Trustee shall control. No Executor or Trustee appointed herein shall be required to give bond or furnish sureties in any jurisdiction. Whenever the word "Executor" or the word "Trustee" is used in this Will, the word shall include both the singular and the plural, unless the context indicates otherwise. IN WITNESS WHEREOF, I have hereunto set my hand and seal this Jr day of M~V ' 2004. ~1!tfJ'I#V i:Jhtllto LISBETH E. SHELLEY ( (SEAL) 10541015/18/04 -6- SIGNED, SEALED, PUBLISHED and DECLARED by the above named LISBETH E. SHELLEY 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, have hereunto subscribed our names as witnesses. ~~J.~~. WITNESS ~'v\N:>-~~ -VJA ADDRESS ( ,{J-- L. ~ WITNESS ~(~I)J vi-(...- fA- ADDRESS I 105410.15/18/04 -7- COMMONWEALTH OF PENNSYLVANIA COUNTY OF P tL~h;t\ ss We, LISBETH E. SHELLEY, the testator, and ~l\l\St2 L ~At\RltJ(Y>C)'L and Ke\!l,.,J tv\. Sec)",\ , the witnesses, whose names are signed to the foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testator signed and executed the instrument as her last Will and that she signed willingly, and that she executed it as her free and voluntary act for the purposes therein 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 the witnesses' knowledge the testator was at that time over eighteen years of age, of sound mind and under no constraint or undue influence. ~1\jb1*V ti ?tieueo LISBETH E. SHELLEY ~~:~~.~ Witness Subscribed, sworn to and acknowledged before me by LISBETH E. SHELLEY, .~- N S - L r- 1\ \-\ e I N(" ee..- the testator, and subscrIbed and sworn to before me by .ul;:::: \ t::. . and K8vlrJ tv\. 'SCOTT . the ~aY of (l'l'1 ~ Notary Public ,2004. \ Notarial Seal Lori A. B. Zerbe. Notary Public City Of Harrisburg, Dauphin County I My Commission Expires Jan. 7. 200c .........--_.._....._~"" ~_...._.,._.~ f"..~e"..r't)~! Pt~n~S\'jv;n~a l\ss{Xjat!oo a NC~f_'::;~"~_': 105410 1 5d H/04 -8-