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HomeMy WebLinkAbout06-01-06 PETITION FOR PROBATE and GRANT OF LETTERS Estate of Charles J. Woods No. ,'-i- )(1 ~ t, /-< also known as Charles Joseph Woods To: , Deceased. Register of Wills for the County of Cumberland Commonwealth of Pennsylvania in the Social Security No. The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years of age or older and the execut ors in the last will of the above decedent, dated 11/22/2005 and codicil(s) dated Eleanor M. Woods and Lauren E. Sable have renounced their riqht to serve as Executors of the Estate. named (state relevant circumstances, e.g. renunciation, death of executor, etc.) Decedent was domiciled at death in Cumberland County, Pennsylvania, with h is last family or principal residence at 5225 Wilson Lane. Apt. 4100. Lower Allen Township. Mechanicsbura. Pennsylvania 17055 (list street, number and municipality) Decedent, then 81 years of age, died 3/14/2006 at Bethanv Villaae Skilled Nursina. Upper Allen Township. Mechanicsbura. Pennsvlvania 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: 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: $ $ $ $ 31.000.00 WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) testamentary (testamentary; administration c.t.a.; administration d.b.n.c.t.a.) ~ '" u u ::: u """ .;:;; ---- u '" ~'1::' u """ ::: ::: 0 ~ ',,= ~.- ~O:) ",0... ~'- .a 0 ro ::: .~ r/l 5125 Kylock Road Mechanicsbura 1 Carothers Circle Mechanicsbura PA 17055 PA 17050 ~..~ . ( ) ..-.. OATH OF PERSONAL REPRESENTATIVE COMMONWEAL TH OF PENNSYL VANIA } ss COUNTY OF Cumberland ,." UJ The petitioner(s) abDve-llamed 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. ~"_~1fAZtf; i, ? . ((J f' 2 Jy c r f )) ;,' /,1. Register , ,/:~, .{/ \, ",-oL" If','" ' . ,," .,-' .."~ i ',_ V:l o<i' ;:; ., i2' .... '" 2 Sworn to or affirmed and subscribed f' bef~re me this / > day of .) ..,t.'. /'1(. \~.; i' j, ~_~~t~~ '/,~ ("'t. ," -Z '/ . ,'__ (~) ,j .( /J ;/ " / /-... "'f No. -"I (, " t. !...-:. Estate of Charles J. Woods , Deceased DECREE OF PROBATE AND GRANT OF LETTERS / / AND NOW -;.j.J.. ' ., , 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 11/22/2005 described therein be admitted to probate and filed of record as the last will of Charles J. Woods and Letters Testamentary are hereby granted to Kevin J. Woods and Diane E. Sable ''-" (('It/I. f? " .; \ I Register of\Vilis . I _~~ i '"j l.{ (,..,-1 1/ .~.:~-<..: .; { FEES f,i ("J i).t . . . $ ) . . . . . . $ ....... $ $ TOTAL _ $ "j Susan E. Lederer, Esq. 44861 Probate, Letters, Etc. . Short Certificates ( Renunciation .. :{-: ".1 ~) -'-j ATTORNEY (Sup. Ct. LD. No,) 4811 Jonestown Road, Ste 226 Harrisburq PA 17109 ADDRESS \; :i ':~i Filed. . : .u..~ . I .;, L 717 -652-7323 PHONE ~--) .J . .<>.,....., C) RENUNCIATION Estate of Charles J. Woods also known as Charles Joseph Woods No. ^",- i .r~ { I ~ t } ,;~' , Deceased The undersigned, Eleanor M. Woods, spouse (Relationship) of (Capacity) the above Decedent, hereby renounce(s) the right to administer the estate and respectfully request(s) that Letters Testamentary Witness be issued to Kevin J. Wo-:;ds (;. i.Jiane E. Sabie hand this C;; -fh . day of +~r Ii i , 2006' . n~.,tl /,/) /// ~//f//-~ \". _ ' (Signature) , ,. , 5225 Wilson Lane, Apt. 4100 Mechanicsburg PA 17055 (Address) (Signature) (Address) (,~, . (Signature) (Address) Sworn to or affirmed and subscribed C_, -f A before me this day of " ~\:).~, \ :J,<Y;j~, ..:!J \- c~+\ fJt:r1lJ ) h)o~~: Notary Ptl'blic Vi My Commission Expires: COMMONWEALIH QU'ENNSYLVANlA! Notarial Seal . I Am M. Moya, Notary ~ubhc I Lower paxton Twp.. Dauphm, County l l My Commissiol' E~pll-eS Jan. 29, ~OO8 I Member. Pennsvl,.S'" L,',<;cdatlel'l nl ~louuler. (Signature and seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's commission.) NOTE: Renunciations executed outside the Office of Register of Wills are required in some counties to be notarized. RW-3 RENUNCIATION Estate of Charles J. Woods also known as Charles Joseph Woods No. .!.:./ "' (.'c (/ , "\ . Deceased The undersigned, Lauren E. Sable, granddaughter (Relationship) of (Capacity) the above Decedent, hereby renounce(s) the right to administer the estate and respectfully request(s) that Letters Testamentary be issued to Kevin J. Woods &. Dial1e E. Sable hand this i(P1{l1:,~}L 1721 ~iarvista Way ~j (Signature) Atlanta Witness 2006 GA 30329 (Address) ( --) .. (" (Signature) (Address) c".' (Signature) (Address) Sworn to or affirmed and subscribed ~ ,>'. before me this . '-.L. .__._ day of ~f ~ \ \ , )s:yJ., J\) ).Lt( Yj, (V) !.;"'t;\ Nota'ry Rulbhc J My Commission Expires: COMMONWEALTH OF PEl\'NSYLVi\Nlp. .- ~ Notarial Seal Amy M. Moya, Notarv Public Lower Paxton Twp., Dauphin County My Commission Expires Jan. 29, 2008 i Member, Penns~!i\lar.:;, ;~~t;,"\r.l:~tion of Nn:?fl~~ (Signature and seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's commission.) NOTE: Renunciations executed outside the Office of Register of Wills are required in some counties to be notarized. RW-3 Will of Charles J Woods I, Charles J Woods, a resident of Cumberland County, Pennsylvania, revoke any prior wills and codicils made by me and declare this to be my Will. Article One Family Information I am married to Eleanor M. Woods. I have two children. Their names and dates of birth are: Kevin J. Woods, born on July 12, 1949 and -:> !") ..,) f"'.:) ) ,",wr'\ :.-',) -. - ; , 1 ,-) Diane E. Sable, born on April 27, 1952 ") 1 ; -, ".- J All references in my will to "my children" are references to these children. -., ;] --J Article Two Distribution of My Property ~. .) . ) '. c<) Section 2.01 Pour-Over to My Living Trust All of my probate estate, excluding any property over which I might have a power of appointment, and after payment of expenses and taxes which are paid pursuant to this will. I give to the then acting Trustee of the Charles J Woods Living Trust dated November 22, 2005 and executed prior to this will, to be added to the property of that trust. I direct that the Trustee administer the property as provided in the trust agreement and any amendments prior to my death. Section 2.02 Alternate Disposition If the trust referred to in Section 2.01 is not in effect at my death or if for any other reason the pour-over cannot be accomplished, I specifically and completely incorporate the terms of the trust into this will by reference. In such a situation, I direct my Personal Representative to establish a trust in accordance with the provisions of such trust and give the remainder of my estate, excluding any property over which I might have a power of Page 1 appointment, to the Trustee of said trust to be administered as provided in the trust agreement. Article Three Designation and Succession of Fiduciaries Section 3.01 Personal Representative I nominate Eleanor M. Woods, Kevin J. Woods, Diane E. Sable, and Lauren E. Sable as my Personal Representative. If Eleanor M. Woods, Kevin J. Woods, Diane E. Sable, and Lauren E. Sable fails or ceases to act as my Personal Representative, I nominate the person or persons serving as Trustee of the Charles J Woods Living Trust dated November 22,2005 to serve as my Personal Representative. Article Four Powers of Fiduciaries Section 4.01 Grant My Personal Representative may perform every act reasonably necessary to administer my estate and any trust established under my will. Specifically, my Personal Representative may exercise the following powers: hold, retain, invest, reinvest, sell, and manage real or personal property, including interests in any form of business entity including, but not limited to, limited partnerships and limited liability companies, and policies of life, health and disability insurance, without diversification as to kind, amount or risk of non-productivity and without limitation by statute or rule of law. My Personal Representative may partition, sell, exchange, grant, convey, deliver, assign, transfer, lease, option, mortgage, pledge, abandon, borrow, loan and contract. My Personal Representative may distribute the assets of my estate in cash or kind or partly in each at fair market value on the date of distribution, without requiring pro rata distribution of specific assets and without requiring pro rata allocation of the tax bases of such assets. My Personal Representative may hold in nominee form, continue businesses, carry out agreements and deal with itself, other fiduciaries and business organizations in which my Personal Representative may have an interest. It may establish reserves, release powers, and abandon, settle or contest claims. It may employ attorneys, accountants, custodians of the trust assets, and other agents or assistants as deemed advisable to act with or without discretionary powers and compensate them and pay their expenses from income or principal or both. Page 2 Section 4.02 Powers Granted by State Law In addition to all of the above powers, my Personal Representative may, without prior authority from any court, exercise all powers conferred by my will or by common law or by any fiduciary powers act or other statute of the Commonwealth of Pennsylvania or any other jurisdiction whose law applies to my will. My Personal Representative shall have absolute discretion in exercising these powers. Except as specifically limited by my will, these powers shall extend to all property held by my fiduciaries until the actual distribution of the property. Section 4.03 Distribution Alternatives My Personal Representative may make any payments under my will: Directly to the beneficiary; In any form allowed by applicable state law for gifts or transfers to minors or persons under disability; To the beneficiary's guardian, conservator or caregiver for the benefit of the beneficiary; or By direct payment of the beneficiary's expenses. A receipt by the recipient for any such distribution, if such distribution is made in a manner consistent with the proper exercise of my fiduciaries' duties hereunder, shall fully discharge my fiduciaries. Article Five Administrative Provisions Section 5.01 Court Proceedings If any trust is established under my will that trust shall be administered in a timely and efficient manner consistent with its terms, free of active judicial intervention and without order, approval or other action by any court. It shall be subject only to the jurisdiction of a court being invoked by the trustees or other interested parties or as otherwise provided bylaw. Section 5.02 No Bond I direct that no fiduciary shall be required to give any bond in any jurisdiction, and if, notwithstanding this direction, any bond is required by any law, statute, or rule of court, no sureties be required. Page 3 Section 5.03 Compensation Any fiduciary under this instrument shall be entitled to reasonable compensation commensurate with services actually performed and to be reimbursed for expenses properly incurred. Section 5.04 Ancillary Fiduciary In the event ancillary administration shall be required or desired and my domiciliary Personal Representative is unable or unwilling to act as an ancillary fiduciary, my domiciliary Personal Representative shall have the power to designate, compensate, and remove the ancillary fiduciary. The ancillary fiduciary may either be a natural person or a corporation. My domiciliary Personal Representative may delegate to such ancillary fiduciary such powers granted to my original Personal Representative as my Personal Representative may deem proper, including the right to serve without bond or surety on bond. The net proceeds of the ancillary estate shaH be paid over to the domiciliary Personal Representative. Article Six Taxes, Claims and Expenses Section 6.01 Payment of Death Taxes, Claims and Expenses The Trustee of the trust referred to in this will is authorized to pay my funeral and burial expenses, claims against my estate, and expenses of estate administration. Accordingly, I direct my Personal Representative to consult with the Trustee to determine which such expenses and claims should be paid by my personal representative from property passing under my will, and which such expenses and claims should be paid by the trustee from the trust. I direct my Personal Representative to follow any instructions contained in the Charles J Woods Living Trust in making any tax election, including, but not limited to, the allocation of my GST Exemption. I direct that the taxes imposed by reason of my death l~pon propert)' passing under and o1.ltside fi)' "'~\;ill be apportioned arId paid iIl t11c mal1ncr provided in the Charles J Woods Living Trust, and I incorporate the tax apportionment provisions of the Charles J Woods Living Trust as part of my will. In no event shall any of such taxes be allocated to or paid from property which is not included in my gross estate for federal estate tax purposes or which qualifies for the federal estate tax marital or charitable deductions. Section 6.02 Tax and Administrative Elections My Personal Representative may exercise any available elections under any applicable income, inheritance, estate, succession, or gift tax law. This authority specifically includes the power to select any alternate valuation date for death tax purposes and the Page 4 power to determine whether any or all of the administration expenses of my estate are to be used as estate tax deductions or as income tax deductions, and no compensating adjustments need be made between income and principal as a result of such determinations unless my Personal Representative shall determine otherwise, in the discretion of my Personal Representative, or unless required by law. 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 (the "QTIP Election"). Any tax paid as a result of the inclusion in my taxable estate of property held in a qualified terminable interest property (QTIP) trust created for me by my wife shall be apportioned to and collected from the qualified terminable interest property (QTIP) as provided in Section 2207 A. However, my Personal Representative shall have the discretion to waive such right of recovery. To the extent my wife's will or other governing instrument provides for payment of such tax, my Personal Representative shall pursue any right of reimbursement in a manner consistent with that provision. My Personal Representative shall not be liable to any beneficiary of my estate for tax consequences occasioned by reason of the exercise or non-exercise of any such elections or by reason of the allocation and distribution of property in kind in full or partial satisfaction of any beneficiary's interest in my estate. Article Seven General Provisions Section 7.01 Applicable Law The validity and construction of my will shall be determined by the laws of Pennsylvania. Section 7.02 No Contract to Make Will I have not entered into any contract. actual or implied. to make a "vill. Section 7.03 Construction Unless the context requires otherwise, words denoting the singular may be construed as denoting the plural. Words of the plural may be construed as denoting the singular. Words of one gender may be construed as denoting another gender. if appropriate. Section 7.04 Headings and Titles The headings and paragraph titles are for reference only. Page 5 Section 7.05 Internal Revenue Code, IRC or Code References to the Internal Revenue Code, the IRC or the Code shall refer to the Internal Revenue Code of the United States. References to specific sections of the Code shall be to any sections of like or similar import that replace the specific sections as a result of changes to the Internal Revenue Code made after the date of my will. Section 7.06 Other Definitions Except as otherwise provided in my will, terms shall be as defined in the Pennsylvania Probate Code as amended after the date of my will and after my death. Section 7.07 Survivorship F or purposes of this will, if my wife in fact survives me by any period of time or if the order of our deaths is not known, then my wife shall be deemed to have survived me. Any other beneficiary shall be deemed to have predeceased me if such beneficiary dies within 30 days after the date of my death. Section 7.08 Severability If any part of this instrument shall be adjudicated to be void or invalid, the remaining provisions not specifically so adjudicated shall remain in full force and effect. Lv Charles J Woods, having signed this Will in the presence of ')-"'",c..,~ \~ 'L..cJ,,,,-;<.." and \(I. .rvl,~t Iv \'v";'1.; (1;... who attested it at my request on this day, November 22, 2005, at Barr}sburg, Pennsylvania, declare this to be my Will. , ~ '0(/'- i//' ~.,/ .... /1. " /I~~//, .' /~~ ~ ./." ./ / ,y/ ;:' ~'i-- ~ Charles J Woods, Testator Page 6 The above and foregoing Will of Charles J Woods was declared by Charles J Woods in our view and presence to be his Will and was signed and subscribed by the said Charles J Woods in our view and presence and at his request and in the view and presence of Charles J Woods and in the view and presence of each other, we, the undersigned, witnessed and attested the due execution of the Will of Charles J Woods on this day, November 22,2005. , i :'/J'--"-t~c~' 'f""e ~~"- /lLesiding at , ,,/ ~ )'-~X. -- '1/-.r\. - -~ ) residing at ~ ~ 02- f~~~\..;l/'l...~ 9---- U . G f" \ "(j .. J /!,,-, \...."'-"-'i.. \ '4.....-t .... d \ {').6,-. \"1 \ \ \ (r,)'::l ( '\i,,,,.,..l"2A V \ v- ,~ \ I" ". , /'/~" kiV-{ v \i ,) r . ) \ . i , : / f Page 7 PENNSYL VANIA SELF PROVING AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) ) COUNTY OF DAUPHIN ) I, Charles J Woods, the testator whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; and that I signed it willingly and as my free and voluntary act for the purposes therein expressed. Sworn to or affirmed and acknowledged before me by Charles J Woods, the testator, this day, November 22,2005. ~ -;.;.. _..;::/~ /' { ~; ~~..<:~/ Charles J Woods, Testator ; / 1I1L~~S , ' J i </ 1")',//, Ji l't, '_ , . Notary Pubhc , , II., i r , ~'/4 !,;" ~~/ v COMMONWEALTH OF PENNSYLVANIf. I Notarial Seal ' Amy M. Moya, Notary PUbli~ . _.~ I Lower Paxton Two.. Dauphin County i l My Commissio~, Expires Jan. 29, ~OO8 , Membe:-, P~~~~Vj"/:~l-i", ,Li:t:;. ~:>Hi..,;,,: :"if j\.Jc~?ri~< Page 8 COMMONWEAL TH OF PENNSYLVANIA ) ) COUNTY OF DAUPHIN ) ::~e~ 7~;; ~ta~:t:;~:~j~;~~fn:~~t:~~g( ~::ua~~:~S=~c:r~~~~ :;:,~, a~~ depose and say that we were present and saw the testator sign and execute the instrument as his Last Will; that the testator signed willingly and executed it as his free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the testator signed the will as a witness; and that to the best of our knowledge the testator was at that time 18 or more years of age, of sound mind, and under no constraint or undue influence. (-- . . ( . ...j-'.....-"'-~'-. Witness -:J ('-"':"(_.~'L--<..~- r.---, ( ~", ~'- y WitAess U' / .-/) I - / 1l7/;/tj I;;' N chary Public COMMONWEAL1H P _!j:'llNSYJ,:y:''''r~u~ i Notarial Seal . I Amy M. Maya. Notary ~'1b!lc Lower Paxton Twp.. Dauphm. County \ My Commission ~~::':.~~:~: Member Qnr:"".S\i-_'~)'-"::" :' ..~':' ,...:~~i........., r< "!,,_~;?:ri85 Page 9 COMM OC~'NE"'L TH OF PEN~JSYL VANIA DEP,np.Tf'J1Er\T OF RE\../ENUE BUF-:EL:..,U OF ;hJDI\JID'JAL TAXES L!cPT PA ---:12:3-0601 REV-1162 EX(11-96 R~C~IV~D mOM: PENNSYLVANIA INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT WOODS KEVIN J 5125 I<YlOCI< RD MECHANICSBURG, PA 17055 ESTATE INFORMATION: SSN: 020-08-2899 FILE NUMBER: 2106-0472 DECEDENT NAME: WOODS CHARLES J DATE OF PAYMENT: 06/01/2006 POSTMARK DATE: 06/01/2006 COUNTY: CUMBERLAND DA TE OF DEATH: 03/14/2006 NO. CD 006772 ACN ASSESSMENT CONTROL NUMBER AMOUNT 101 I $45,000.00 I I I I I I I I TOTAL AMOUNT PAID: $45,000.00 REMARI<S: CHECK# 101 SEAL INITIALS: MG RECEIVED BY: REGISTER OF WILLS GLENDA FARNER STRASBAUGH REGISTER OF WillS