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HomeMy WebLinkAbout09-20-06 IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 21-06-0145 ESTATE OF DALE A. BRITTEN , Ii I! ,I Ii Ii ,I :' I , I I I 11 II I [ I I I II II I I I ORPHAN'S COURT DIVISION 1. r--.> (") g5 Co 0.... m~p [~ I ....-- IT, 1'-' j> <-= -r) a PETITION FOR INTERPRETATION OF INTER VIVOS ~ :::s :.~~: ~j ,'j Petitioner is Judy S. Britten, an adult individual who was mimed as t~ ::1:' '.fl c_--) C) :,':') \. -") 1-;- , C::) C:) - "1 1..1 --':CJ ;::- f';: beneficiary of an inter vivos trust which is titled "Directive". A true and correct copy of this trust is attached hereto as "Exhibit A". The maker of the Directive, Dale A. Britten, died February 5, 2006. 2. Respondent is Ronald H. Britten, an adult individual residing at 7506 Lairds Way, Clarksville, Howard County, MD 21029. 3. The Honorable Edgar B. Bayley has been involved in matters pertaining to this estate and has made rulings in this case. 4. The Decedent, during his lifetime, had placed most of his assets jointly with his daughter, Judy S. Britten. Decedent discussed with Robert L. O'Brien, Esquire the disposition of his assets and arrangements were made to put into writing his directions. The Directive that was signed by Decedent was carefully reviewed by the Decedent. 5. Decedent signed two deeds to real estate at the same time that he signed the directive. One deed gave real estate in Cambria County to Ronald Britten and the other deed gave real estate in Cumberland County to Judy S. Britten. The Directive also gave a coin collection and savings bonds to Petitioner and Respondent. 6. Respondent has accepted the savings bonds but has refused to accept the "deed and the coin collection. I I I Ii !i Ii I' II I 7. Respondent has taken the positition that the deed to the Cumberland County property is property of the estate and is not property, or the proceeds therefrom, of the Petitioner. , I I I I II II I. i 8. Subsequent to the directive and deeds being signed, the Petitioner met with her accountant, Joel Flinchbaugh, CPA, and after the meeting, Mr. Flinchbaugh researched the tax consequences relative to carry out the directive. In subsequent conversations with Mr. Flinchbaugh, he recommended that since Mr. Britten was currently in a nursing home and was not returning to the home, and given the fact that the home was listed or would be listed for ! I, i; " :1 II 'I II i II 'I II I I I I sale, the home should remain in Mr. Britten's name, and if it sold, the proceeds should go to his daughter. 9. Mr. Britten had become ill, resulting in his hospitalization and placement in a nursing hom~ for rehabilitation. Despite his physical illness, Mr. Britten remained in full control of his mental faculties up until the time of his death. 10. Petitioner arranged for the listing of the home and took care of other matters that were discussed with her father. Prior to the actual closing on the home, Mr. Britten died and the sale was concluded by the estate which had been opened by Petitioner due to the fact the real estate had been listed and a contract for the sale of same had been signed during her father's lifetime. ,I 11. The Directive is a clear indication of the Decedent's wishes as to the disposition of his assets. Petitioner believes that the proceeds from the sale of the home that are held by the estate are held in trust for her benefit by the terms of the directive and the circumstances surrounding the sale of the home and her father's death. 12. Petitioner requests Court Order that Respondent take possession of the coin collection and the Cambria County property, and that the Court make a determination that the proceeds from the sale of Mr. Britten's home are held in trust for the benefit of Judy S. Britten. II II II I I i i :, II I' :1 I' iI i I I I Ii I' I I I WHER~FORE, Respondent respectfully requests that the Court interpret the Trust. DATE: September .11 , 2006 Respectfully submitted, O'BRIEN, BARIC & SCHERER #/t;f i ~ Michael A. Scherer, Esquire 1.0. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 .' rlo\Estates\Britt\Pet for interp of trust .-- ---..--.-- -- Directive' , ( ,,~, ;'" "-f " . ,;?'~, . .. t\l:'. Q" .... I direct that my following existing accounts be given, irrevocably, to my daughter, Judy S. Britten. The balances are all calculated on or about October 15t~005. ~ 1. Members 1 st checking, balance of $90,989.00 .~~ ~ .,~() ~., 2. Members 1st savings, balance of $217,015.00 : ::~G _ 3. Members 1st money mgt., balance of $38,546.00 ,;"~2~ ~ 4. Members 1st IRA, balance of $7,687.00, Judy has already beerli, i9 . .-.--1 designated as my beneficiary on this account. '.:' 5. USAA, USAAX Growth Fund, balance $272,298.00 6. USAA, USTEX Tax Exempt Long-Term Fund, balance $469,780.00 All of the aforesaid accounts, other than the IRA, had already been placed in joint ownership with Judy, evidencing my intent that she receive these funds upon my ~eath. ,It is my intent to transfer these funds during my lifetime, rather than at my death. However, I direct that the sum of $62,280.00, from the assigned proceeds, be ,placed in a trust for my cost of nursing home care. I have calcula~ed that amount based upon the current average annual cost at the Todd Home for nursing care in the amou,:,t . of $79,500.00 per year, less my current annual income of $58,740.00. This will guarantee my ability to pay the first thirty six months of nursing 'home care, should I need to continue in nursing home care. My daughter Judy to make the choice on my behalf as to place me in assisted living, if I qualify after undergoing rehabilitation, or in nursing home care. I give my residence, and all the furnishings therein, at 7 Greystone Road, Carlisle, Pennsylvania to my daughter Judy S. Britten. I give my Winnebago motor home, the coin sets at my home and my lot with three car garage in Cambria County, to my son Ronald H. Britten. . I acknowledge that I fully understand and am aware that I am currently giVing to my heirs virtually all my assets and this is done not through any undue influence but because of ,my love for all of them. I also aCknowledge that I'am giving substahtlal~ --, :i~ t~ ':-;':J .. roo i o' ,_,,? . . c.~ .-~ ,~.; i.: '5 -:'.-n .-.,~ .. . ..::; N :;:- .... ..:-, : "'.. '. :. :>'::.:" -', . EXHIBIT nAn ':;;;~~. more of my assets to my daughter, Judy S. Britten, and that I am doing this not. ' because I do not love my children equally, but because I believe that Judy needs more of my assets to meet her Mure needs. I have accumulated US Savings bonds in joint names for my son, R~nald H. Britten arid his sons, Michael Britten and Andrew Britten. I irrevocably give ~ose bonds to those individuals and direct Judy, who is my agent, to see that the bonds are delivered. I have accumulated US Savings Bonds in joint names for my daughter, Judy S. Britten and het children, Robert S. Young and Morgan Goodling. I irrevocab!y give Judy her bonds. I do not wish that those for Robert S. Young and Morgan Goodling be delivered dir~ to them, but that the bonds be transferred to Judy S. Britten as Trustee. The value of the bonds for Morgan Goodling as of Octob~r, 2095, amounHo-. $79,240.00 and for Robert Young $76,355.00. The provisions of the trust follow. 1. My Trustee shall set up a separate Trust for each grandchild. My Trustee shall pay principal and income to or for the benefit of my grandchild during his or her life as my-Trustee, in her sole discretion, shall deem advisable for the health, maintenance, support and complete education o{ such grandchild. In addition, my Trustee in her sole discretion may advance funds to said beneficiary for the costs of marriage, ar the purchasing of a home or costs of entering a business or profession, if my said Trustee shall deem such expense reasonably prudent. 2. Any and all payment or payments of any sum or sums, whether in cash or in kind and whether for prirlq)al or income, payable to a grandchild, or any of them, shall be made upon the sole receipt of the respective individual to whom the payment is made, and free from anti~n, alienation, assignment, attachment, and pledge, and free from control by the crdors of any such beneficiary. 3. Should the prilcipal of any trust herein provided for be or become too small in my Trustee's disaelion to make establishments or continuance of the trust advisable, my Trustee may clstribute the remaining principal and any accumulated or undistributed income. outrVt to the beneficiaries in the proportions to which they are then entitled to. ThE:' reoeil* and releases of the distributee will terminate absolutely . . .' ," ::.... r .t. "'": ;";~.::;:,i'~~;:I.:;;:;,' '.. ::~' ~ . .:!' - ". - . - "i~~ , the rights of all perso~s who migh~ otfierwise have future interest in the trust, whether vested or contingent, without notiCe to them and without the necessity of filing an . account with the court. 4. Any funds not distributed to a grandchild, at the time of my daughte(s death, shall be distributed to the.grandchild, subject to the terms and conditions of any' trust that she may hereafter create. All the gifts in this Directive, shall be split between the years of 2005 and 2006 so as to maximize the fede'ral unified gift and estate tax c;redit. . Executed ~isthe Z'f-- day ~~ 2005. , c2 ~~~--. , Dale A. Britten "i '. . . . '.0 ,,::.'~;~~\~h:::~.:: , ',;~~~},f.;c~:. , " " :'~:'~~{;<:'> ' ,,' .,.".. "" .... .' ,. >.~." . . ..... .. ".. -0 . ".. .0 _.:.. . ......;:?yj.~y;~'.'1!{~~.~.'S0;,~y:~.~;::\~ "":'" .,. ", ." .. ;~. . _.': .~. .";"r:'!.,~;. ;., "/":11 '", : ~.... -... . ........ .. :.. . ". . '" -: . ..:. . ... INRE: ESTATE OF DALE A. BRITTEN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 21-06-0145 , II ,\ II I: II ORPHAN'S COURT DIVISION VERIFICATION I verify that the statements made in the foregoing Petition For Interpretation Of Inter Vivos Trust are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 9 4904, relating to unsworn falsification to authorities. ~i~e~ .'