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Home My WebLink About10-02-06 iI'" ~.... <# '" o " 0 , Register of Wills of Cumberland County PETITION FOR PROBATE and GRANT OF LETTERS Estate of. tft Y ) OM ~I}C 5 h{1Il WI i y\ 9 No. d. \ - 0 Ii ~ 0 11 t ~ also known a _~ _ ! To: Register of Wills for the County of Cumberland in the Commonwealth of Pennsylvania Social Security No. , Deceased. /5""8097tg37r 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 . 20 and codicil(s) dated (state relevant circumstances, e.g. renunciation, death of executor, etc.) Decedent was domiciled at death in CCLW\. kd o.1A J Pennsylvania, with h_Iast family or principal residence at 1000 C La..re.w.d~t ~d. Coy II tilL ~~ (list street, number and municipality) Decedent, then S'S- years of age, died iff - .s;- , 20 a., at to- yo 1 is)e. r ft 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: County, 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 (Ifnot domiciled in Pa.) Personal property in County Value of real estate in Pennsylvania situated as follows: $ $ $ $ 3;9~' 00 ~~~ ;0.: 1P'r ~. WHEREFORE, petitioner( s) respectfully request( s) the probate of the last will and codicil( s) presented herewith and the grant of letters (testamentary; administration c.t.a.; administration d.b.n.c.t.a.) ReSidenCe{7f:Petitiots~ Old {6' w1 La Ife. v;,i<;. J.,., PIJ nffZ- Register of Wills of Cumberland County OATH OF PERSONAL REPRESENTATIVE COMMONWEAL TH OF PENNSYL VANIA } SS: COUNTY OF CUMBERLAND ~:5 C'~..::J 0"" d c.) .--1 I N .) (' C) ~o . -; !~:.-2 .--r1 ...-~ )i~iS =--\ :i2 The petitioner(s) above-named swear(s) or affrrm(s) that the statements in the foregoing petition are true and correct to the best of the knowledge and belief ofpetitioner(s) and that as personal represen tive(s) of the above decedent petitioner(s) will well and truly administer the estate accor . g to law. Sworn to or affrrmeQ:nd s~bscribed Before :::/1; this u 8- tv day of o -'kr1 ,2od/; { .... JJ&Aitiu h-UU Jlw4(~t- Register rJXV ~ ,- ~ No. J {-(){;-of& ~ Estate of mfl YI( f) /Y1 ~ ::Jt' De<eased DECREE OF PROBATE AND G OF LETTERS AND NOW .1 0 ~ GI:" 20&, in coosideration of the petition on the reverse side hereof, satisfactory proofha ing been presented before me, IT IS DECREED that the instrument(s), dated '- :L 4 ~ , described therein be admitted to probate filed of record as the l.ast will of (A..,.., . d Letters are hereby granted to ~A1."'lI' ...JJU~d. H/vtcJ~ ' RegisterofWil~ (' - /l-;; Attorney (Sup. Ct. LD. No.) FEES Probate, Letters, Etc. ............. $ Will................................. $ Renunciation... . . . . . . . . . . . . . . . . . . . . $ Short Certificates ( ). . . .. . . .. .. . $ JCP.................................. $ Automation Fee................... $ Bond....... ........... .......... ..... $ Total $ Filed t (> I ;-- 20~ I o~ IS '-I I~ ~ (~ 'f /II) Address Phone N ~ t:r.l ~. a ""'I A ~ _ __,,,"_' l'\.l-" IIVJ T~;s is to certify that the information here given is correctly copied from an original certificate of death duly filed with me a~ Lncal Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. WARNING: It is illegal to duplicate this copy by photostat or photograph. No. t2wn-/J{~ Fee for this certificate, $6.00 Local Registrar p 12626708 AUGc~ 8 2006 ;~1 c: C) c..... '. -." n.~h. te C:) ~ C') ~ ~=2 --~,., I N ......1:1 N .:;:- . CQJ2!JJ; NT IN ENT t< 1. NamedDeoodonl(Filt.IlidIIl,IaIl,~ COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH · VITAL RECORDS CERTIFICATE OF DEATH STATE FILE NUMBER 4. 0lII0 of D8lih (Month. doy. y8lKj 8-5-2006 c2 /-o~"om 5. .Ige (last BIrtIld8y) 7838 6. llIIfIl oIti r.td\, 7. ..:I sllie llI' 4-27-1921 St. Lois. MO lld. FIlCIity Name (n not_lIOn, lPe sfnlet W1d runborj Cuaberland II. Oeoodenfo \JIIIlII I<lndol_ OlDer Service 16. Decodenfs ~.IIl$M8 (lhII. cIy 1-., _. 2lp cede) 1000 Clare.ont Road Carlisle. PA 11013 16. F...... N_ (Fnt. -._...) ChJlT :100. InbmanI'!l Heme {Type f Pmtl ~'I"'''".rl and 170. iI Veo.OocodortlNoclil Wi ddl..AP-x 17d.O :U=dLiwldwill1in Twp. -pA 17b. County 01y I Boro CnInlIlloo 0 DmlIIM 19. MoIW's _ (Rrst. midcIe, m8den """""1 Jessie L on n. infamlrlI's MsIllg Addtgeo (StnloI. d\y I., sIliIl, zlp cede) Old Fara Lane Barrisbur. PA 21b. llIIfIl d DIopooItion (Monttl, doy, yuJ 210. PIa <t DIopooItion (14.... of...-y. """"*"Y or - piece) 17112 21d. Location (CIty 11l7MI, _, 2Ip code) 17109 230. Dale SIpI (Month, doy.lUl Of!.- os. [k .~III""""'.W...,. ~1:~~ c.""" '" II)rf ltlII.....1IIe ..1llIIjjng II dooIh J LAST, G\-lF Due tD (or .. . CCIM8qlIenOII of): CAt> 14\I'IM.~SI-oJ 26. ~ Tobotco lJ8e Conlrfbule b DoaIII? D Yes O~ o No (J'GnIlnown 29. JI'emMl: o Not PlIgntR MItin past year o PrugIlanl at lime rJ. deoIh o Not pI'II!JllW. bullAlJ1Sl1 wIIhIn 42 days ol_ D NoI~lIOlIpI09Il8I1t43doysbll9l1' ol_ D U_ ff p19gIlSll MIhitlIhe past 19lI' 320. Fl8co d iljwr Homo, Film, Stroot, F8ClOry. 0I\lce BuIkIIng, etc. (SpecIfy) . AppnlldmlIIe ~.... . 0ns0I1D CoII1 . Part U: Elllor __rmdiliInstnllthllllV b_ but not multk1g illIIe IIldor1ying C8IJlllI <Jven in PlIt I. [Cl>no-J"""''(' ,6.~"""'""f Q"e-A.~ ) OuetD(ar_.~of): OUOlo(or..COI'Al>ll.......orr. d. Iy.. ~ Dves DNo 31. _ otOMlb ~NalInl D- O Accillr1l D Pendilg InvaoIIgoIon 32d. r....ot ~ D SuIcIde D CoukI Not be lJeIormInod M 321. II TnnsporlBIilxIlnjury (SpecIy) o ilIMlr I 0perlItlr 0 Passenger 0 Pedestria-I Oothol- SpocIy. 331>. SlgnaklnlW1d TIle 01 Col1ItIe< 32g. LocslIan ollnjlly (SIreot. city I town. -l - ..,.,."., P8tbmed'I n. _ hJa;ttIf FlndIrvI .......... F'IIor" c:ompetkr1 0/ Cause <t 0eeItI? '. (See instructions and examples on reverse) 330. LblnseNumbor C..alIor <_ only.....) . ~ pIIrIIclIn (Pt1yloi:laI1lII1f/irG C8IIIII d do8Ih _lI1<lI1er phyaicIM hao pI<I1OOIIC8d doalh lII1d ~ 110m 231 TOllloboolalmyllMwlodgo.dooIh_nod.............\.....-..... 011Io1I_ _ _ _ _ _ _ _ _ _ _ _ - - -- - - - - - - - -- - - - - - - -- ==:.~~..:=='~tnd~.:::::-~~~...,_..IIIII<l___________ _ _ .___.n ::: a:::- ox: tnd f or kMe\IptloII.lIll11J opInIan, _ _nod 1111Io limo, -,and pIoct, .......... Iho CIUIO(I)and.._..1IIIf4. _ .n ~_ "iRlllillrllt~,p:--' .~ 36. DaleFlod(Man1h,day,y8lKj f~2-n." /' -;; l.~"t.i-(h~A I ~ / I ....., /' I / I ~ ... 19vbLA PA / 7tJ zS" Will of MARION LYON MAC SKIMMING '~~)o C..J"T"} Part 1. Personal Information . ~ ::]:J--J I, MARION LYON MACSKIMMING, a resident of the State ofPennsylvarifa, CUMBERLAND, declare that this is my will. My Social Security number is 158-09- N .- 7838. Part 2. Revocation of Previous Wills I revoke all wills and codicils that I have previously made. Part 3. Disposition of Property All beneficiaries must survive me for 45 days to receive property under this will. As used in this will, the phrase "survive me" means to be alive or in existence as an organization on the 45th day after my death. All personal and real property that I leave in this will shall pass subject to any encumbrances or liens placed on the property as security for the repayment of a loan or debt. If I leave property to be shared by two or more beneficiaries, it shall be shared equally by them unless this will provides otherwise. If I leave property to be shared by two or more beneficiaries, and any of them does not survive me, I leave his or her share to the others equally unless this will provides otherwise for that share. "Specific bequest" refers to a gift of specifically identified property that I leave in this will. "Residuary estate" means all property I own at my death that is subject to this will that does not pass under a specific bequest, including all failed or lapsed bequests. Page 1 lDitla..: ~~::1tDote:..l1:1M 1"-....) c::.) c::::. 0"'\ a C) -I I N :2 - . . Will of MARION LYON MAC SKIMMING I leave my residuary estate to NEEDRA ANN MAC SKIMMING and MARK MAC SKIMMING in equal shares. Part 4. Executor I name MARK MAC SKIMMING to serve as my executor. If MARK MAC SKIMMING is unwilling or unable to serve as executor, I name NEEDRA ANN MACSKIMMING to serve instead. No executor shall be required to post bond. Part S. Executor's Powers I direct my executor to take all actions legally permissible to have the probate of my will done as simply and as free of court supervision as possible under the laws of the state having jurisdiction over this will, including filing a petition in the appropriate court for the independent administration of my estate. I grant to my executor the following powers, to be exercised as he or she deems to be in the best interests of my estate: 1) To retain property without liability for loss or depreciation. 2) To dispose of property by public or private sale, or exchange, or otherwise, and receive and administer the proceeds as a part of my estate. 3) To vote stock, to exercise any option or privilege to convert bonds, notes, stocks or other securities belonging to my estate into other bonds, notes, stocks or other securities, and to exercise all other rights and privileges of a person owning similar property . 4) To lease any real property in my estate. 5) To abandon, adjust, arbitrate, compromise, sue on or defend and otherwise deal Page 2 I_h, 447/fll Dolr. 1!-~q-05' Will of MARION LYON MAC SKIMMING with and settle claims in favor of or against my estate. 6) To continue or participate in any business which is a part of my estate, and to incorporate, dissolve or otherwise change the form of organization of the business. The powers, authority and discretion I grant to my executor are intended to be in addition to the powers, authority and discretion vested in him or her by operation of law by virtue of his or her office, and may be exercised as often as is deemed necessary or advisable, without application to or approval by any court. Part 6. Payment of Debts Except for liens and encumbrances placed on property as security for the repayment of a loan or debt, I want all debts and expenses owed by my estate to be paid in the manner provided for by the laws of Pennsylvania. Part 7. Payment of Taxes I want all estate and inheritance taxes assessed against property in my estate or against my beneficiaries to be paid in the manner provided for by the laws of Pennsylvania. Part 8. No Contest Provision If any beneficiary under this will contests this will or any of its provisions, any share or interest in my estate given to the contesting beneficiary under this will is revoked and shall be disposed of as if that contesting beneficiary had not survived me. Part 9. Severability If any provision of this will is held invalid, that shall not affect other provisions that can be given effect without the invalid provision. Signature I, MARION LYON MACSKIMMING, the testator, sign my name to this instrument, this :J q~ day of 0 ve~Jo~ a O() > at P. 3 lomats: ~~D"" I!-Z1-as- Will of MARION LYON MACSKIMMING ~rJw.iJdJ. ~DU.V'-~~. I declare that I sign and execute this instrument as my last will, that I sign it willingly, and that I execute it as my free and voluntary act. I declare that I am of the age of majority or otherwise legally empowered to make a will, and under no constraint or undue influence. Signature: YY\ ~"~ ~~~~ <~ / '- Witnesses We, the witnesses, sign our names to this instrument, and declare that the testator willingly signed and executed this instrument as the testator's last will. In the presence of the testator, and in the presence of each other, we sign this will as witnesses to the testator's signing. To the best of our knowledge, the testator is of the age of majority or otherwise legally empowered to make a will, is mentally competent and under no constraint or undue influence. We declare under penalty of perjury that the foregoing is true and correct, this J. 9/-1.., day of 1~/JcJIlW ,jC!d5 , at ClLmh~vl(Utd Cou~ 1y )14 Witness # 1 : old h(~~a'1e 4~Jf"5ko.fl fyt Residing at: Witness #2: Residing at: 30Q ~fe.e. + 5Ll-W\.W\,exd evle PI1 Sworn and Subscribed Before Me I~~~ P8f4 IlIitiilla.~ ~y 8 e /1-2P-()S- l CaH1Y M, Sheriff, Note ublic I . S, i!Ve,"r Spn,'f!',J, 1,-\/.',',;, C>,J,l1l.,t,e,:rl,and C~"l,n,lty",. ..._M~ _ ____..' "~'l'\0S0ct 21, <J(~:G__J INSTRUCTIONS: Letter to Executor The following document outlines the tasks your executor will be asked to handle, either directly or through an attorney or an accountant. You may use this document in a couple of ways. You may show it to your proposed choice for executor so that he or she will have a good idea of what is involved. Also, you may attach it to your will, to be read by your executor when it comes time to deal with your estate. Please understand that use of this document is strictly voluntary and in no way will affect the validity of your will or what you hope to accomplish with it. Instructions: Letter to Executor - Page 1 The Executor's Role You have been nominated to serve as executor for MARION LYON MAC SKIMMING, to be in charge of carrying out the plan as expressed in her will after her death. To perform this role well, you do not need special financial or legal knowledge. Common sense, conscientiousness and honesty are the main requirements. Should you need help, you will be able to hire lawyers, accountants or other experts and pay them from the deceased person's assets. So as you learn what an executor (called a "personal representative" in some states) is responsible for, keep in mind that you can always hire professional help. Must You Serve? Being named executor does not obligate you to serve. When it comes time, you can choose whether to accept this responsibility. Further, even if you do agree to serve as executor, you can resign at any time. If you decide not to serve, or if you resign, an alternate named in the will should take over. Ifno alternate is available, the probate court will appoint someone else to step in. An Executor's Duties As executor, your duties are likely to include: · Deciding whether or not probate court proceedings are needed. · Deciding whether at least some assets can be transferred immediately, without formal probate, to the people who inherit them. · If probate is required, filing the will in the local probate court, asking the court to appoint you as executor and then shepherding the estate through probate. Letter to the Executor - Page 1 · Sending notice of the probate proceeding to the beneficiaries named in the will and if necessary, to certain close relatives-in most cases, a surviving spouse and children-who would have been entitled to property had there been no valid will. · Locating and securing the deceased person's assets and then sensibly managing them during the probate process, which commonly takes about six months to a year, depending on where you live. During this time you may need to manage the deceased person's investments, pay bills and sell items of estate property. · Handling day-to-day details, such as terminating leases and other outstanding contracts, and notifying banks and government agencies-such as the Social Security Administration, the post office, Medicare and the Department of Veterans Affairs-of the death and the fact that you are winding up the person's affairs. · Setting up an estate bank account and transferring the deceased person's money to it. · Paying continuing expenses that are necessary to keep estate property secure--for example, mortgage payments, utility bills and homeowner's insurance premiums. · Paying any debts that the estate is legally required to pay. As part of this process, you must also notify creditors of the probate proceeding; the required method of notice will be set out by state law. They then have a certain amount of time-- usually about four to six months-to file a claim for payment of any bills or other obligations you haven't voluntarily paid. As executor, you decide whether or not a claim is valid. · Paying income taxes. Income tax returns must be filed for the year in which the person died. If the estate receives enough income, you'll also have to file an income tax return for it. · Paying state and federal estate taxes. Most estates don't owe these taxes. It depends Letter to tbe Executor - Page 2 on how much property the deceased person owned at death and to whom the property was left. Someone who dies in 2005 can leave up to $1.5 million worth of property without owing federal estate tax. The exemption amount will rise to $3.5 million by 2009, and the estate tax is scheduled to be repealed in 2010. (If Congress does not extend the repeal, however, the estate tax will reappear in 2011.) In addition, any amount of property left to a surviving spouse who is a U.S. citizen is estate tax free. · Supervising the distribution of property, such as cash, personal belongings and real estate, to the people or organizations named in the will. · When debts and taxes have been paid and all the property distributed to the beneficiaries, requesting the probate court to fonnally close the estate. Obviously, the main reason for acting as executor is to honor the deceased person's request. But you will also be entitled to payment. The exact amount is regulated by state law and will be affected by factors such as the value of the property left by the deceased person and what the probate court decides is reasonable under the circumstances. Commonly, close relatives--especially those who will inherit a substantial amount under the will-and close friends opt not to charge the estate for their services, but the choice will be up to you. Working With a Lawyer Many people think that probate requires hiring a lawyer. Although this can often be a sensible choice, especially for estates with lots of different types of property, significant tax liabilities, or the potential for disputes among inheritors, it is not always necessary. If you have access to good self-help materials, you may decide to handle the paperwork yourself. This makes good sense especially if you are a main beneficiary, and the deceased person's property ownership situation and distribution plan are relatively straightforward. Letter to the Executor - Page 3 Essentially, handling a probate court proceeding requires shuffling a lot of papers through the court clerk's office; in the vast majority of cases, there are no disputes that require a decision by a judge. You may even be able to do everything by mail. Doing a good job requires persistence and attention to tedious detail-not necessarily a law degree. Here are two different ways to work with a lawyer: · Hire a lawyer to act as a "coach." You can do much of the work yourself, but consult the lawyer when legal questions come up. For example, you might want the lawyer to do some research for you or look over documents before you file them. And it is a good idea to work with a CPA rather than try to handle very technical documents such as estate tax returns all on your own. · Turn the process of probating the estate over to the lawyer. You'll still be responsible for making decisions, but the lawyer will handle all of the paperwork and deal with the probate court. The lawyer will be paid out of the estate. In most states, lawyers either charge a lump sum or charge by the hour-about $150 to $200 is common--but be sure you negotiate this in advance. In a few states, however, a fee is authorized by state law. For example, in California and a few other states, the law authorizes the lawyer to take a certain percentage of the gross value of the deceased person's estate unless you make a written agreement specifying something different. You should be able to find a competent lawyer who will agree to a lower fee. Other Sources of Help Probate court clerks often answer basic questions about court procedure, but they staunchly avoid saying anything that could possibly be construed as giving legal advice. Some courts, however, have lawyers on staff who look over probate documents; they may point out errors in your papers and tell you how to fix them. In many law offices, lawyers delegate all the probate paperwork to paralegals. In some Letter to the Executor - Page 4 areas of the country, experienced paralegals have set up shop to directly help people deal with probate paperwork. These paralegals do not offer legal advice; they just prepare documents using the information you give them. They can also file papers with the court for you. To find a probate paralegal, look in the yellow pages under Typing Services, Legal Document Preparers or Attorney Services. Make sure that the person you hire has lots of experience in this field and gives you references to check out. A couple of books written for non-lawyers may also be useful: The Executor's Guide: Settling a Loved One's Estate or Trust, by Mary Randolph (Nolo). This book is a thorough guide to an executor's duties. It explains how to wrap up someone's affairs with a minimum of heartache and hassle, from finding and protecting assets to transferring property to beneficiaries with or without formal probate. How to Probate an Estate in California, by Julia Nissley (Nolo). This book leads you step by step through the California probate process. It contains tear-out copies of all necessary court forms and instructions for filling them out. Names Mentioned in Will Here are the names of the people and organizations mentioned in the will of MARION LYON MACSKIMMING, which may be useful to you as you go about the job of administering the estate. If the will-maker entered address and phone information, it appears after the name. MARK MAC SKIMMING OLD FARM LANE HARRISBURG, Pennsylvania 17112 DAUPHIN Day phone: 717-545-1000 Eve phone: 717-691-8007 Letter to the Executor - Page 5 E-mail: EAGLEA7@AOL.COM Beneficiary, Executor NEEDRA ANN MAC SKIMMING 309 THIRD STREET SUMMERDALE, Pennsylvania 17093 CUMBERLAND Beneficiary, Alternate Executor Letter to the Executor - Page 6 Affidavit ACKNOWLEDGMENT Commonwealth of Pennsylvania County of: ClJ- W\ ~~v) a.. ~ J I, ~ R"J' OIA l. ~M 2k.1~"'i 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. Testator: M ~ ;:f~ ill ~~J..~ (J , --; 0- Offirer: ~ ~ Notanal Saal -., Cathy M Shenff, Notary Public Silver Spnng T wp , Cumberland counLJ My Comm!sslon ExpIres Oct. 21, 2006 ----. r,.:::.-:..-~~~:. ;'::-enn:;y\...:n;a :\S~Cci3l;on C(f i'~OtQ~-;SS AFFIDAVIT Commonwealth of Pennsylvania County of: (}u,v\'\;kuio. V\.J We, " and 1ee-jV''''-1~e5klfMllD1 ' the es are signed to the attached or foregoing instrument, having been witnesses duly qualified according to law, do depose and say that we were present and saw the Affidavit - Page 1 Affidavit testator sign and execute the instrument as his/her Last Will; that the testator signed willingly and executed it as his/her 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. Sworn to or affirmed an~ subscribed to before me by ~_ 1W 1ac'5 t)~J: and 1e~ ~Vl6 " witnesses, this ~ day of ~ove.-~.u- , ~ DOS . Witness: Witness: Officer: i-' --'-'---'-;-\j;t;;cJ Seal -----... ----j I Cati lY M Sheriff. Notary F)ubliC I Si~ver Sp:ing TWf);, Curnberlar;cl COUl1tyJ rv:~/ CCi;.n,n~"sion ::XDlres Oct. 21. 20':16 _K~.._ . __ ."_.____ ___ _._'~__ .' __._ _.., _ ____, _. . ._._ ._.___.. . . , ,.:-': <~': ::'':c~~~J,.:..~ Affidavit - Page 2