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HomeMy WebLinkAbout12-26-06 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CuMber' wJ COUNTY, PENNSYL VANIA Estate of SL\SI't^, v,"J.fros~ f>O".v$~t . Deceased File Number C2 I - CJ.p -II Lf 2- Social Security Number I 77- 'z -bS? S also known as Petitioner(s), who is/are 18 years ofage or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW:) rsl A. Probate and Grant of LeltliI's Testamentary and aver that Petitioner(s) is / are the last Will of the Decedent dated fkt<Jhtr ~. 2.00 L, and codicil(s) dated , e. X (,,,,TOr'" named in the (State relevant circumstances. e.g., renunciation, death of executor, etc.) Except as follows, De~edent did not marry, was not divorced, and did not have a child born or adopted after execution of the instrument(s) offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: o B. Grant of Letters of Administration (If applicable, enter: c.t.a.; d.b.n.c.t.a.; pendente lite; durante absentia; durante minoritate) Petitioner(s) after a proper search has / have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: (If Administration, c.t.a. or d.b.n.c.t.a.. enter date of Will in Section A above and complete list of heirs.) Name Relationship Residence County, Pennsylvania with his / her last principal residence at o I Decedent, then 47 years of age, died on /u'Y' 1'1, leO' at 7:"z'O ", -Af. , Decedent at death owned property with estimated values as follows: (If domiciled in P A) All personal property (If not domiciled in PA) Personal property in Pennsylvania (If not domiciled in PA) Personal property in County Value ofreal estate in Pennsylvania PrlAJwt'.".l h~4~CA:'I.L.Iy'tJMeA/t J J y, 000 $ $ $ $ situated as follows: Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to the undersigned: fJlf /7() " Form RW-02 rev. 10.13.06 Page 1 of2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA CM,,^hvfl{v J SS COUNTY OF 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 ofPetitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. ~ Signature of Personal Representative Signature of Personal Representative AND NOW, having been presented before me, IT IS DEC are hereby granted to --:I;() no..l , Deceased File Number: Estate of 3u c;a n Social Security Numberd, 7 -loK- in the above estate and that the instrument(s) dated~be.r ~. ~rofr, . described in the Petition be admitted to probate and filed ofrecof as'the last Will (and Codicil(s)) of Decedent. FEES Letters ............... $ ,~fnO.OO /)00 Short Certificate(s) . . . . . . . . $ I. Renunciation(s) .......... $ W.~ \\ ~lin Attorney Signature: ... $ f B~ ...$~ ... $~OO ...$ ...$ . .. $ ... $ ...$ . .. $ TOTAL.. .. .. .. . .. . .. $ .3D~. 00 Attorney Name: Supreme Court I.D. No.: Address: Telephone: Form RW-Ol rev. 10./3.06 Page 2 of2 . . LAST WILL AND TESTAMENT OF SUSAN V. BOINSKE I, Susan V. Boinske, of Cumberland County, Pennsylvania being of sound mind and memory, do make, publish and declare this my Last Will and Testament, hereby revoking any and all Wills by me heretofore made. FIRST. I declare that I am married to Donald J. Boinske and that all references in this Will to my husband are references to Donald J. Boinske. SECOND. I direct that my funeral be conducted in a manner corresponding with my estate and situation in life, and that all my just debts and funeral expenses be paid and satisfied by my Executor or Executrix hereinafter named, as soon as conveniently may be after my decease. THIRD. I give and bequeath all of my household furnishings and tangible personal property to my husband, Donald J. Boinske. If my husband predeceases me, then, in equal shares, or 1000/0 to the survivor (if either Riley Marie Boinske or Wyatt James Boinske predeceases me), I give and bequeath all of my household furnishings and tangible personal property to two of my children, Riley Marie Boinske and Wyatt James Boinske. FOURTH. To Riley Marie Boinske and Wyatt James Boinske, in equal shares, or 100% to the survivor, I specifically give, assign and bequeath my mortgage, which is a second corrective mortgage dated August 19, 1996, a copy of which I am making a part hereof by reference, which is by and between Donald J. Boinske as Borrower and Susan V. Rearick (now Boinske) as Lender, which Page 1 of 10 ~. V. ~. S.V.B. FIFTH. SIXTH. SEVENTH. EIGHTH. , . shall be given effect and considered valid for purposes of this Last Will and Testament. I specifically devise the sum of $1 0,000.00 to my daughter Christine Cho, DaB 5/8/1977, per stirpes. I specifically devise the additional sum of $10,000.00 to my daughter Charlotte Cho, DaB 11/23/1978, per stirpes. In equal shares, or 100% to the survivor, I give, devise and bequeath all of the rest, residue and remainder of my estate, both real, personal and mixed, of whatsoever kind and wheresoever situate, to two of my children, Riley Marie Boinske, (DaB 1/25/2001) and Wyatt James Boinske, (DOB 1/25/2001), provided that either child has reached age 30 at the time of my death and has survived me. Anything herein to the contrary notwithstanding, if either Riley Marie Boinske or Wyatt James Boinske survive me and have not attained 30 years of age, I direct that the share(s) or assets allocable to such beneficiary pursuant to this Last Will and Testament be paid in Trust to be administered in accordance with my Trust provisions contained herein. After paying all the expenses necessary or incidental to the management of the Trust, I direct my Trustee, to hold, invest and reinvest the rest, residue and remainder of my estate, my aforesaid mortgage income and any other assets or income which might be in the Trust and to pay over or apply such part of parts of the income and/or principal as in my Trustee's sole discretion, may be Page 2 of 10 q, v. B. S.V.B. .. necessary or advisable for the maintenance, support, education, health and welfare, of my children, Riley Marie Boinske and Wyatt James Boinske, in accordance with the following: a) Until either Riley Marie Boinske or Wyatt James Boinske reaches the age of twenty-two (22) years, the Trustee shall pay to or apply for the benefit of Riley Marie Boinske and Wyatt James Boinske, in monthly or other convenient installments, so much of the net income, up to the whole thereof, as the Trustee in its discretion deems advisable for their proper maintenance, support, health, education and welfare. Shares given to each child do not have to be equal in amount. At the end of each year, the Trustee shall accumulate and add the remaining net income to the principal. In the event that the income shall be insufficient to provide Riley Marie Boinske and Wyatt James Boinske with adequate maintenance, support, health, education and welfare, the Trustee may invade the principal of this Trust for their purposes. b) At the time either Riley Marie Boinske and Wyatt James Boinske attain the age of twenty-two (22) years, said Trust shall be divided into equal separate Trusts for both Riley Marie Boinske and Wyatt James Boinske, provided that only a child who is living at the time said separate trust is to be formed shall receive a separate trust. Page 3 of 10 ~. V. ~. S.V.B. Each Trust is to be held and administered as a separate Trust for Riley Marie Boinske and Wyatt James Boinske, assuming they are then living. Furthermore, at the time Riley Marie Boinske and Wyatt James Boinske attain the age of twenty-two years, a one- third share of the balance of principal and interest of her or his respective Trust shall be paid to her or him. c) At the time Riley Marie Boinske and Wyatt James Boinske attain the age of twenty-five (25) years, one-half of the remaining balance of principal and interest of said child's respective Trust shall be paid to her or him. d) At the time Riley Marie Boinske and Wyatt James Boinske attain the age of thirty (30) years, the remaining balance of principal and interest of said child's respective Trust shall be paid to her or him and said child's respective Trust shall terminate. e) After Riley Marie Boinske and Wyatt James Boinske attain the age of twenty-two (22) years, each child shall receive the net income from her or his respective Trust, at least quarterly every year. The Trustee shall continue to have sole discretion with respect to the application of principal for Riley Marie Boinske and Wyatt James Boinske's maintenance, support, education, health and welfare. Page 4 of 10 9. v. ~. S.V.B. . . f) If, prior to reaching age 30, Riley Marie Boinske or Wyatt James Boinske, should die during the term of her or his Trust, or should predecease me, then the assets of the deceased child's trust shall be merged into and become part of the surviving child's trust and said surviving child, prior to age 30 years, shall be the beneficiary, in trust, of the deceased child's share of my estate and said surviving child, after age 30 years, shall be the beneficiary outright of the deceased child's share of my estate. NINTH. The term "education" includes both college and post-graduate study at any accredited institution of the beneficiary's choice as well as trade schools, vocational schools, technical schools, etc., for any period of time that in the judgment of the Trustee is advantageous to the beneficiary; the Trustee shall provide adequate amounts for all related living and travel expenses of the beneficiary within reasonable limits. TENTH. No beneficiary or remainderman of the Trust shall have any right or power, except as otherwise specified, to sell, transfer, assign, pledge, mortgage, alienate or hypothecate his or her interest in the principal or income of the Trust estate in any manner whatsoever. To the fullest extent of the law, the interest of each and every beneficiary and remainderman shall not be subject to the claims for any of his or her creditors or liable to attachment, execution, bankruptcy proceedings, or any other legal process. The Trustee shall pay, Page 5 of 10 ~. V. 1>. S.V.B. ELEVENTH. TWELFTH. , . disburse and distribute principal and income of the Trust estate only in the manner provided for in this Will. I hereby appoint my husband, Donald 1. Boinske, as Trustee of the trust created herein for my children, Riley Marie Boinske and Wyatt James Boinske. If Donald J. Boinske is unwilling or unable to so serve, I hereby appoint my daughter, Charlotte Cho to so serve. No interest of any beneficiary under this Will or any codicil hereto shall be subject to anticipation or voluntary or involuntary alienation. THIRTEENTH. The term "fiduciary" as used herein shall include my Executors, my Trustees and my Guardians appointed in this my Last Will and Testament. FOURTEENTH. If any beneficiary or remainderman under this Will in any manner, directly or FIFTEENTH. indirectly, contests or attacks this Will or any of its provisions and if a Court operated under the jurisdiction of any governmental entity in the United States finds such contest or attack to be substantially without merit, then any share or interest in my estate or in the Trust given to that contesting beneficiary or remainderman under this Will is revoked and shall be disposed of in the same manner provided herein as if that contesting beneficiary or remainderman had predeceased me without issue. If any provision of this Will or any codicil thereto is held to be inoperative, invalid or illegal, it is my intention that all of the remaining provisions thereof Page 6 of 10 g. V. l?>. S.V.B. . . shall continue to be fully operative and effective so far as it is possible and reasonable. SIXTEENTH. All estate, inheritance, succession and other death taxes imposed or payable by reason of my death and interest and penalties thereon with respect to all property comprising my gross estate for death tax purposes, whether or not such property passes under this Will, shall be paid out of the residue of my estate, as if such taxes were expenses of administration, without apportionment or right of reimbursement. I authorize my fiduciaries to pay all such taxes at such time or times as deemed advisable. SEVENTEENTH. My fiduciaries appointed under this will shall have the following powers: a) To retain any or all assets of my estate, real or personal, without regard to any principle of diversification, risk, or productivity. b) To invest in all forms of property, including stocks, common trust funds and mortgage investment funds, without restriction to investment authorized for Pennsylvania fiduciaries as they deem proper, without regard to any principle of diversification, risk, or productivity. c) To sell at public or private sale, to exchange or to lease, for any period of time, any real or personal property and to give options for sales, exchanges or leases, for such prices and upon such terms and conditions as they deem proper. Page 7 of 10 9. \/. e>. S.V.B. . . d) To borrow money from any person or institution including my Fiduciaries and to mortgage or pledge any or all real or personal property as my Fiduciaries in their sole discretion shall choose, without regard for the dispositive provisions of this instrument. e) To compromise any claim or controversy. f) To exercise any option, right or privilege granted in insurance policies or in other investments. EIGHTEENTH. In the event both my husband, Donald J. Boinske and I, die before Riley and Wyatt turn 18 years of age, it is my belief that it would be in the best interests of Riley and Wyatt for my daughter, Charlotte Cho, to be appointed their legal guardian and/or to be awarded exclusive physical and legal custody of Riley and Wyatt. I herein respectfully request that any Court reviewing this matter in the future take into consideration my preferences as set forth herein. NINETEENTH. I hereby nominate, constitute and appoint my husband, Donald 1. Boinske to be the Executor of this my Last Will and Testament. If the said Donald 1. Boinske is unable or unwilling to serve as such, I then appoint my daughter Charlotte Cho to so serve as Executrix. TWENTIETH. I direct that any fiduciary of mine herein named, be permitted to serve without bond in any jurisdiction where a bond would be required for the faithful performance of his or her duties, in the absence of this provision. Page 8 of 10 9. V. 13. S.V.B. . . I, Susan V. Boinske, the Testatrix whose name is signed to the 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. ~~~ II ~L S . san V. Boinske (Seal) Sworn to or affirmed and acknowledged before me by Susan V. Boinske, the Testatrix, this 1-.n) day of () C 1obrs-/ , 2006. ,/~ ~ Y,j(.Jl-- NOTARY PUBLIC My Commission Expires: We, L1ia./i~1j 5efJfJ8r and Jeff/lf'j;ft, YofJIL, the witnesses, whose names are signed to the foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw the Testatrix sign and execute the instrument as her Last Will; that the Testatrix signed willingly and executed it as her free and voluntary act for the purposes NCRlJnN .. .... NaIary ..... e.P .... It*: 11111 -r B L Me <:CU1n Page 9 of 10 9.v- B S.V.B. . . . I' .., therein expressed; that each subscribing witness in the hearing and sight of the Testatrix signed the will as a witness; and that to the best of our knowledge the Testatrix was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. ~ ~ i ess ~/!l ~ ~itnes Sworn to or affirmed and subscribed to before me by A1 /1/1 55 q ~ &BYB and ~, witnesses this 1d1L- day of Oc fvbe/ ,2006. A tI1r,ffr- NOTARY PUBLIC My Commission Expires: Page 10 of 10 9 -v b. S.V.B.