HomeMy WebLinkAbout11-21-06
Register of Wills of Cumberland County, Pennsylvania
PETITION FOR GRANT OF LETTEiRS
Estate of Robert J. Trace
No.
dJ/- OW- toa~i-11t>
also known as
, Deceased
Social Security No. 181-32-3519
late of the Borough of Camp Hill, Cumberland County, Pennsylvania
Petitioner, who is 18 years of age or older applies for:
COMPLETE "AD OR "B" BELOW:)
181 A. Probate and Grant of Letters and avers that Petitioner is the executrix named il1l the Last Will of the
Decedent, dated Julv 21.2005 and codicil(s) dated N/A
State relevant circumstances, e.g., renunciation, death of executor, etc.
Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the
documents offered for probate; was not the victim of a killing and was never adjudicated incompetent:
o B. Grant of Letters of Administration
(c.I.a., d.b.n.c.t.a.: pendente lite; durante absentia; durante inoritate)
Relationship
(COMPLETE IN ALL CASES:) Attach additional sheets if necessary.
(Location)
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property ....................................................................... .........$100.00
(If not domiciled in PA) Personal property in Pennsylvania ................................... .........$
(If not domiciled in PA) Personal property in County ............................................. .........$ ;>..,
Value of real estate in Pennsylvania ......................................................................................... ..Q..$ ~
Real Estate situat::~:f~.li~~~~........NON.E.............................................................................................. "fT; ~100 00 ~
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Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codici/(s) pre entEil ~th t~
Petition and the rant of letters in the a ro riate form to the undersi ned: .'-'-i C.~) A
Signature Typed or printed name and residence 9 -T1
Margaret Trace Foster
1962 Chestnut Street, Camp Hill, PA 1
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This is to certify that the information here given is correctly copied from an original certificate of death duly flied wIth me as
Local 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 photpgraph.
No.
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Fee for this certificate, $6.00
P 12226050
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CERTIFICATE OF DEATH STATE FILE N MBER
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(See Instructions and examples on reverse)
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Oath of Personal Representative
Commonwealth of Pennsylvania
County of Cumberland
The Petitioner(s) above-named swear(s) and affirm(s) that the statements in the ~ regoing Petition are
true and correct to the best of the knowledge and belief of Petitioner(s) and that, as perso al representative(s) of
the Decedent, Petitioner(s) will well and truly administer the estate according to law.
Sworn to and affirmed and subscribed 7 ' tLJt..., ~ ~
before me this ~ I day of
Estate of Robert J. Trace, Deceased
also known as
Social Security No.: 181-32-3519 Date of Death February 15, 2006
AND NOw,:fJ et I-f~ tll. 1 ~.Qla., in
consideration of the Petition on the reverse side hereon, satisfactory proof having been pre ~nted before me, _
IT IS DECREED that Letters I:8J Testamentary 0 of Administration
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are hereby granted to Mar aret Trace Foster
in the above estate and that the instrument(s), if any, dated Jul 21 2005
described in the Petition be admitted to probate and filed of record
FEES
Letters......... ............ ....... ......
Short Certificate(s) ...............
Renunciation....................... .
Affidavit ( ) .........................
Extra Pages ( ) ..................
Codicil............ ......................
JCP Feo/'fttttoaa.ti(Xb
Inventory & Tax Forms ........
Other. ..\Nt B.......................
TOTAL.......... ....... ,..
459469v1
Attorney:
1.0. No.:
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James A. U~Sh, Esquire
10169
3401 North tont Street
Harrisburg, A 17110-0950
717-232-50 d
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Address:
Telephone:
DATE FILED:
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Last Will
of
ROBERT J. TRACE
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d./- ()~ - Otj I ~
I, ROBERT J. TRACE, also known as Robert John Trace, of Camp Hi 1, Cumberland
County, Pennsylvania, make this Will and revoke all of my prior wills d codicils.
Article One
My Family
I am not married, my wife, Margaret Brinham Trace, having died on M~h 27, 2005.
The names and birth dates of my children are: .
MARGARET ANN TRACE FOSTER, born May 23, 1943,
ROBERT JOHN TRACE, JR., born May 9, 1945, and
SUSAN MARY TRACE NEWTON, born AprilS, 1948.
All references to my children in my will are to these children.
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Article Two
Distribution of My Property
Section 1. Tangible Personal Property
l'
My nonbusiness tangible personal property that was not held by me solel for investment
purposes, including, but not limited to, my jewelry, clothing, hous bId furniture,
furnishings and fixtures, chinaware, silver, photographs, works of art, ooks, automo-
biles, boats, sporting goods, artifacts relating to my hobbies, and all other gible articles
of household or personal use shall be distributed to my spouse; if my s puse does not
survive me, all such tangible personal property shall be distributed in a aordance with
a memorandum of instructions that shall be found with my personal pers or estate
planning documents. To the extent no such memorandum exists or gible personal
property is not listed on such a memorandum, or cannot be fulfilled, I giv such personal
property to my surviving children, if any, or, if none, to their descend ~s, per stirpes,
to be divided among the beneficiaries by my personal representative in s ares of nearly
equal value as may be practicable. If I have no children or descend ts, I give my
nonbusiness tangible personal property to the contingent beneficiaries n.amed in my
living trust in the Article dealing with nonbusiness tangible personal ropertY, to be
distributed under the same terms thereunder.
.
Section 2. Pour-Over to My Living Trust
All of the remainder or residue of my property of whatever nature and . md, wherever
situated, shall be distributed to my revocable living trust. The name of y trust is:
ROBERT J. TRACE and MARGARET TRACE FOSTER, Tru tees
of the ROBERT J. TRACE LIVING TRUST dated July 5, 2 OS,
and any amendments thereto.
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. Section 3. Alternate Disposition
If my revocable living trust is not in effect at my death for any reason atsoever, then
all of my property shall be disposed of under the terms of my revocable . ving trust as if
it were in full force and effect on the date of my death.
Article Three
Powers of My Personal Representative
My personal representative shall have the power to perform all acts reaso ~bly necessary
to administer my estate, as well as all powers set forth in the PENNS ,\1 ANIA Code
and all powers under the statutes of Pennsylvania relating to the power ~. f fiduciaries.
I authorize my personal representative to petition the appropriate court 0 Icial, without
the consent of any beneficiary of my estate, to allow my estate to be a istered under
the provisions of Pennsylvania's unsupervised administration laws.
.
Article Four
Payment of Expenses and Taxes
and Tax Elections
Section 1. Cooperating with the Trustee of My Living T~$t
I direct my personal representative to consult with the Trustee of my re <l>cable living
trust to determine whether any expense or tax shall be paid from my tru 1 or from my
prob~ee~~e. .
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Section 2. Tax Elections
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My personal representative, in its sole and absolute discretion, may exerc. sp any available
elections with regard to any state or federal tax laws. I
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My personal representative, in its sole and absolute discretion, may w .te any right to
my estate to recover estate taxes pursuant to Section 2207 A of the In ~mal Revenue
Code.
My personal representative shall not be liable to any person for decisio Imade in good
faith under this Section.
Section 3. Apportionment
All expenses and claims and all estate, inheritance, and death taxes, ~xcluding any
generation-skipping transfer tax, resulting from my death and which ar i incurred as a
result of property passing under the terms of my revocable living trust through my
probate estate shall be paid from my residuary estate without apportionm I1t and without
reimbursement from any person. However, expenses and claims, d all estate,
inheritance, and death taxes assessed with regard to property passing tside of my
revocable living trust or outside of my probate estate, but included in my oss estate for
federal estate tax purposes, including life insurance proceeds, power f appointment
property, qualified retirement funds, and lRAs, shall be chargeable agai $t the persons
receiving such property. Notwithstanding the above: (i) death taxes as result of my
death shall not be apportioned to any distribution that qualifies for e charitable
deduction unless no other source of payment of taxes is available from an pther source,
and (ii) taxes and costs shall be apportioned to the persons receiving quali ~d retirement
plans and lRAs only if no other source of payment of taxes or cost is available,
including my revocable living trust, my probate estate, and other property p ssing outside
my revocable living trust or outside my probate estate.
Article Five
Appointment of My Personal Representative
I appoint my daughter, MARGARET TRACE FOSTER, to be
representative.
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personal
If Margaret Trace Foster cannot act, or is unwilling to act, I appoint Robert . Trace, Jr.
and Susan Trace Newton, together, or the survivor of them, as my succe or personal
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representatives.
I direct that my personal representatives not be required to furnish bond, ~urety, or other
security.
My personal representative, if it is a corporate fiduciary, may be paid c pensation for
its services in accordance with its published schedule of fees in effect * the time the
services under this will are rendered. An individual personal representaf may receive
that compensation for such services as is allowed by law at the time t t services are
rendered.
I have initialed all of the pages of this Will, and have signed it on t. p:1L day of
-M--,2005.
\
STATEOF ~ ~~"1
COUNTY OF U- M'1
we,~U t.Ut ~1,V\t- and '^ j. l ~t. (l-
and ROBERT J. TRACE, the Testator, and the witnesses, respectively, wh ~e names are
signed to the attached or foregoing instrument, being duly sworn, do her by declare to
the undersigned authority that the Testator signed and executed the instrum ~t as his Will
and that he executed it as his free and voluntary act for the purposes ther iti expressed,
and that each of the witnesses, in the presence and hearing of the Testat ~, signed the
Will as a witness and that to the best of his or her knowledge, the Testator as Eighteen
(18) years of age or older, or sound mind and under no constraint or undue i uence, and
I, the said Testator do hereby acknowledge that I signed and executed the strument as
my Will, that I signed it willingly, and that I signed it as my free and vol rttary act for
the purposes therein stated.
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Robert 1. race, Testator
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Subscribed, sworn to and acknowledged before me by ROBERT J. TRA
and subscribed and sworn to before me b . CJ
and ~.
this 1.\ day of lJ U \~
1fi.1.
[ tials 1
My commission expires:
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age 6