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HomeMy WebLinkAbout04-17-06 . Re~merof~illsofCumberlandCoun~ PETITION FOR PROBATE and GRANT OF LETTERS Estate of Julia O. Allen also known as nla No. To: , Deceased. Register of Wills for the County of Cumberland in the Commonwealth of Pennsylvania Social Security No. 200-09-9042 The petition of the undersigned respectfully represents that: Your petitioner( s), who is/are 18 years of age or older, and the execut~ named in the last will of the above decedent, dated February 02 , 20 04 and codicil(s) dated none (state relevant circumstances, e.g. renunciation, death of executor, etc.) Decedent was domiciled at death in Cumberland Pennsylvania, with h~last family or principal residence at 28 Holly Estate Drive, Gardners, PA 17324 (list street, number and municipality) County , Decedent, then ~ years of age, died March 14 , 20~, at Carlisle Regional Medical Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted after execution ofthe will offered for probate; was not the victim of a killing and was never adjudicated incompetent: nla Decedent 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: none $ 50,000.00 $ $ $ WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented herewith and the grant of letters testamentary (testamentary; administration c.t.a.; administration d.b.n.c.t.a.) thereon. ~r;~r;::;' Residence(s) of Petitioner(s) 28 Holly Estate Drive, Gardners, PA 17324 . 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 of petitioner( s) and that as personal representative( s) of the above decedent petitioner(s) will well and truly administer the estate according to law. Cf:d~ Sworn to or affirmed and subscribed Before me this lo~ ~.,....\. "-k~~ C\ YO~ 'Dy.Register day of , 20 t\~ { 'JJ ~. '" E' ..., ~ ~ No. ZOOt..' - 0333 Estate of Julia O. Allen $ 90.00 $ 15.00 $ 0 $ 24.00 $ 10.00 $ 5.00 $ 0 $ 144.00 20 , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW ap (I J J 7" h 20d'- , 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 fei)l'uar~ 2J'(). 201)'1, described therein be admitted to probate filed of record as the last will of Hili Cl (l. a II P lJ ; and Letters are hereby granted to .Tu. d I fh a. fJrtJi) jA FEES Probate, Letters, Etc. ............. Will ............................. .... Renunciation...................... . Short Certificates (6) ............ JCP.................................. Automation Fee................... Bond................................. Total Filed fiitll-ritt '-I {i)JUIl , x2f1{L4-1Y0ULCf/~ Register of Wills -peA '-1JtiJ.&#u~ dt~i<j Wendy K.Weikal-Beauchat (71930) Attorney (Sup. Ct. I.D. No.) 63 West High Street Gettysburg, PA 17325 Address 717-334-4515 Phone l f!2ast CV&711 0/ cJulla @>. Allen I, JULIA O. ALLEN, of Gardners, Cumberland County, Pennsylvania, make this Will and revoke all of my prior Wills and Codicils. ARTICLE ONE My Family I am a widow and have not remarried. The names and birth dates of my children are: ) . JEFFREY B. ALLEN, born March 26,1948; JUDITH A. BROUGH, born November 20, 1949; VIRGINIA A. LENGEL, born December 17, 1954. All references to my children in my Will are to these children, as well as any children subsequently born to me, or legally adopted by me. S /) k-- u,tdh . ~j I of 4 I I I II 1 I , ARTICLE TWO Distribution of My Property Section 1. Pour-Over to My Living Trust All of my property of whatever nature and kind, wherever situated, shall be distributed to my revocable living trust. The name of my trust is: JULIA O. ALLEN, Trustee of the JULIA O. ALLEN REVOCABLE LIVING TRUST AGREEMENT dated February 2, 2004, and any amendments thereto. Section 2. Alternate Disposition If my revocable living trust is not in effect at my death for any reason whatsoever, then all of my property shall be disposed of under the terms of my revocable living trust as if it were in full force and effect on the date of my death. Section 3. Testamentary Trust I authorize my personal representatives to establish, with the assets of my probate estate, if any, or with any property distributed to my personal representative from my Trustee, a testamentary trust (or trusts) for the benefit of my beneficiaries under the same terms and conditions of my revocable living trust as it exists at the date of my death. I appoint the Trustee and successor Trustee named in my revocable living trust as the Trustee and successor Trustee of my testamentary trust(s). The Trustee of my testamentary trust(s) shall have all the administrative and investment powers given to my Trustee in my revocable living trust and any other powers granted by law. My Trustee shall be under no obligations to distribute property directly to my personal representative, but rather may distribute such property directly to the Trustee of the testamentary trust(s). Any property distributed to my testamentary trust(s) by the Trustee of my revocable living trust shall be distributed by the Trustee of my testamentary trust(s) in accordance with the terms and conditions of my revocable living trust as it exists on the date of my death. ARTICLE THREE Powers of My Personal Representative My personal representative shall have the power to perform all acts reasonably necessary to administer my estate, as well as any powers set forth in the statues in the Commonwealth of Pennsylvania relating to the powers of fiduciaries. :So~ t()Jt-h AJJ 20f4 ARTICLE FOUR Payment of Expenses and Taxes and Tax Elections Section 1. Cooperating with the Trustee of My Living Trust I direct my personal representative to consult with the Trustee of my revocable living trust to determine whether any expense or tax shall be paid from my trust or from my probate estate. Section 2. Tax Elections My personal representative, in its sole and absolute discretion, may exercise any available elections with regard to any state or federal tax laws. My personal representative, in its sole and absolute discretion, may elect to have all, none, or part of the property comprising my estate for federal estate tax purposes qualify for the federal estate tax marital deduction as qualified terminable interest property under Section 2056(B)(7) of the Internal Revenue Code. My personal representative shall not be liable to any person for decisions made in good faith under this Section. Section 3. Apportionment All expenses and claims and all estate, inheritance, and death taxes, excluding any generation-skipping transfer tax, resulting from my death and which are incurred as a result of property passing under the terms of my revocable living trust or through my probate estate shall be paid without apportionment and without reimbursement from any person. However, expenses and claims, and all estate, inheritance, and death taxes assessed with regard to property passing outside of my revocable living trust or outside of my probate estate, but included in my gross estate for federal estate tax purposes, shall be chargeable against the person receiving such property. ARTICLE FIVE Appointment of My Personal Representative I appoint the following to be my personal representatives: I appoint JUDITH A. BROUGH as my personal representative. In the event that JUDITH A. BROUGH is unwilling or unable to so act, I appoint JEFFREY B. ALLEN, as my successor personal representative. I direct that my personal representative not be required to furnish, bond, surety, or other security. ::S {} A- LiJIth JJJ 30f4 IN WITN~.J"HEREOF, I signed it on the" day of ve initialed all of the pages of this Will, and have IJ.' ,2004. ::r ~lt- (!). M~ JULIA O. ALLEN The foregoing Will was, on the day and year written above, published and declared by JULIA O. ALLEN in our presence to be her Will. We, in her presence and at her request, and in the presence of each other, have attested the same and have signed our names as attesting witnesses and have initialed each page. We declare that at the time of our attestation of this Will, JULIA O. ALLEN was, according to our best knowledge and belief, of sound mind and memory and under no undue duress or constraint. iL ) h WITNESS 63 W. High Street Gettysburg, Pennsylvania 17325 j WITNESS 63 W. High Street Gettysburg, Pennsylvania 17325 COMMONWEALTH OF PENNSYLVANIA ) ) ss. COUNTY OF ADAMS ) We, ALL N, lOIJUiLI u.)1..Ltd.1 l(xtUtthd! , and t '.Ide- " the Testatrix and the witnesses, respectively, whose name ardngned to the foregomg WIll, having been sworn, declared to the undersigned officer that the Testatrix, in the presence of the witnesses, signed the instrument as her last Will, that she signed, and that each of the witnesses, in the presence o the Testatrix and in the presence of each other, signed the Will as a witness. I ,,. VI J ~d/1 {( wITNESS ~.~ S~o.M~ JULIA O. ALLEN Witness and by the My commission expires: N.":." Jeanne M Gc:,tYS',,;L~' ,-:: rAy Cl)cnrnis;::,cr Ji"; Cr. 11 2.. rj" :J O~ wlub '7J~J 40f4