PROBATE FORMS - Philadelphia VIP



IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY, PENNSYLVANIA ORPHANS’ COURT DIVISION

No.____________ of 20____

Estate of [DECEASED], Deceased

FAMILY SETTLEMENT AGREEMENT

I. Definitions

A. The term “Decedent” means a person who has died.

B. The term “Estate” means all of the assets and obligations of a decedent at the time of his or her death.

C. The term “Intestate” means not having made a will before one dies.

D. The term “Issue” means a person’s lineal descendants or natural-born children.

E. The terms “Party” or “Parties” mean the following persons as the context may require:

• John Bryan, of [ADDRESS OF RESIDENCE], individually;

• Patrick Bryan, of [ADDRESS OF RESIDENCE], individually

• Jayne Bryan, of [ADDRESS OF RESIDENCE], individually;

F. The term “Property” means the real property and all associated improvements thereof located at [ADDRESS OF ESTATE PROPERTY BEING DISTRIBUTED].

G. The term “Title” means ownership of property that is cognizable or enforceable in a court of law, or ownership of property that is complete and perfect in terms of the apparent right of ownership and possession.

II. Recitals

A. Deanna Johnson died intestate and unmarried on June 2, 2009.

B. John Bryan, Patrick Bryan, and Jayne Bryan are the only surviving children of Deanna Johnson.

C. Marie Bryan, Deanna Johnson’s daughter, died on May 31, 2003, without issue.

D. The Estate of Deanna Johnson includes the Property as defined above.

E. The Estate of Deanna Johnson does not include any other assets.

F. Deanna Johnson did not live at the Property at the time of her death, and none of the contents of the Property were hers.

G. John Bryan is the only present occupant of the Property.

H. All of the contents of the Property belong to John Bryan.

I. The purpose of this Agreement is to determine the Title to the Property.

III. The Agreement

The Parties hereby agree and warrant as follows:

A. Agreement to Renounce Right to Serve as Administrator

The Parties agree that they will renounce their respective rights to administer the Estate of Deanna Johnson and request that Letters of Administration be issued by the Register of Wills of Philadelphia County to John Bryan.

B. Agreement to Transfer Title of Property to John Bryan

The Parties agree that they will transfer Title of the Property to John Bryan. The Parties further agree that they will sign a deed conveying the Property to John Bryan.

C. Agreement to Pay Inheritance Tax

John Bryan agrees that he will be responsible for all inheritance taxes attributable to his receipt of the Property from the Estate of Deanna Johnson.

John Bryan may not seek reimbursement from the other Parties for any payments he has or will make for the ownership and maintenance of the Property.

D. Binding Agreement

This Agreement shall inure to and be binding on the Parties and the respective heirs, executors, administrators, and assigns of the Parties.

E. Miscellaneous Provisions

This Agreement is governed by the laws of the Commonwealth of Pennsylvania without taking into consideration the conflict of laws rules of the Commonwealth.

This Agreement may be executed in any number of counterparts, which, when taken together, shall constitute one original.

If any provision of this Agreement is invalid or unenforceable, the remaining provisions of the Agreement remain enforceable.

The Parties agree to waive the Family Exemption provision found at 20 P.S. 3121 allowing them to retain or claim as an exemption either real or personal property, or both, to the value of $3,500 not theretofore sold by John Bryan as personal representative of the Estate of Deanna Johnson.

Pursuant to 20 P.S. 3174, no bond shall be required of John Bryan in his capacity as personal representative of the Estate of Deanna Johnson.

___________________________________ John Bryan

(Date)

___________________________________

(Signature)

___________________________________

(Street Address)

___________________________________

(City, State, Zip Code)

COMMONWEALTH OF PENNSYLVANIA )

COUNTY OF PHILADELPHIA )

On this day of , 20 , before me, the undersigned, a Notary Public in and for the Commonwealth of Pennsylvania, personally appeared [HEIR #1], satisfactorily proven to me to be the persons described in the foregoing Agreement, who acknowledged that [HE/SHE] executed the same for the purposes therein contained and that [HE/SHE] desired it to be recorded as such.

_______________________________________

Notary Public

___________________________________ Patrick Bryan

(Date)

___________________________________

(Signature)

___________________________________

(Street Address)

___________________________________

(City, State, Zip Code)

COMMONWEALTH OF PENNSYLVANIA )

COUNTY OF PHILADELPHIA )

On this day of , 20 , before me, the undersigned, a Notary Public in and for the Commonwealth of Pennsylvania, personally appeared [HEIR #1], satisfactorily proven to me to be the persons described in the foregoing Agreement, who acknowledged that [HE/SHE] executed the same for the purposes therein contained and that [HE/SHE] desired it to be recorded as such.

_______________________________________

Notary Public

___________________________________ Jayne Bryan

(Date)

___________________________________

(Signature)

___________________________________

(Street Address)

___________________________________

(City, State, Zip Code)

COMMONWEALTH OF PENNSYLVANIA )

COUNTY OF PHILADELPHIA )

On this day of , 20 , before me, the undersigned, a Notary Public in and for the Commonwealth of Pennsylvania, personally appeared [HEIR #1], satisfactorily proven to me to be the persons described in the foregoing Agreement, who acknowledged that [HE/SHE] executed the same for the purposes therein contained and that [HE/SHE] desired it to be recorded as such.

_______________________________________

Notary Public

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