HomeMy WebLinkAbout04-17-06
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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\~
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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.
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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.
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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.
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IN WITN~.J"HEREOF, I
signed it on the" day of
ve initialed all of the pages of this Will, and have
IJ.' ,2004.
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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.
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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
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wITNESS
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S~o.M~
JULIA O. ALLEN
Witness
and by
the
My commission expires:
N.":."
Jeanne M
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