5.4
Petition to Extend the Time to Take an Elective Share
in Accordance with 20 Pa.C.S.A. §2210(b)

 
 
 

[SEE CAPTION AT 1.3.1]

 
 

DECREE

 
 
Now,___________________, 20____, upon consideration of the annexed Petition, it is hereby ORDERED and DECREED that the time within which Jane R. Dunn may elect to take an elective share of the property of Joseph B. Dunn, Deceased, is extended to July 16, 2002.
 
 
 
   
 
J.
 
 
 
 
 
 

[SEE CAPTION AT 1.3.2]

 
 

PETITION

 
 

The Petition of Jane R. Dunn respectfully states that:

 
1.

Joseph B. Dunn died on July 7, 2001, having resided at 261 Horse Hair Road, Philadelphia, Pennsylvania, and having left a Will dated March 30, 1999, which was admitted to probate by the Register of Wills of Philadelphia County on July 16, 2001. A copy of the Will is attached hereto as Exhibit "A."
 
2.
 Letters Testamentary thereon were granted to Harry Doe, as Executor, on July 16, 2001.
     
3.
 Petitioner is the surviving widow of Decedent and resides at 261 Horse Hair Road, Philadelphia, Pennsylvania, which was her residence on the date of Decedent's death. Petitioner married Decedent on June 26, 1976, at St. Mary's Church, Philadelphia, Pennsylvania, before Rev. Manus McKenzie.
     
4.
 Under Item SIXTH of his Will, the Decedent provided that his residuary estate be held by his son, John Dunn, as Trustee, to pay the net income to Petitioner during her lifetime, and upon Petitioner's death, this Trust is to terminate and the principal is distributable to Decedent's then living issue, per stirpes.
     
5.
   The names, addresses, and relationships of those interested in Decedent's estate, and the extent of their respective interests in the estate are as follows:
     
   
Jane R. Dunn
261 Horse Hair Road
Philadelphia, PA 19199 		 
Widow
   Life tenant
 
 

John Dunn
2 Main Street
Philadelphia, PA 19199

 
Son
   Contingent
remainderman
     
6.
   The Joinder of John Dunn, individually and as Trustee, to the extension of time requested in this Petition is set forth below.
     
7.
   Under the provisions of 20 Pa. C.S.A. §2210(b), the time within which Petitioner must elect to take an elective share Will expire on January 16, 2002, unless an extension of time is granted.
     
8.
   No Inventory has been filed and the Executor has advised Petitioner that he Will be unable to determine the value of Decedent's estate until more than six months after the date of probate of Decedent's Will.
     
9.
   Petitioner is therefore unable to determine whether it is advantageous for her to elect to take an elective share within the period in which an election must be made.
 
Wherefore, Petitioner respectfully requests that this Court grant an extension to July 16, 2002, of the time within which she may elect to take an elective share of the property of the Decedent.
 
 
 
   
 
Jane R. Dunn
 
 

[SEE AFFIDAVIT AT 1.4.1 OR VERIFICATION AT 1.4.3]

 
 
 
 
 
 

JOINDER

 
 

The undersigned hereby joins in this Petition for an extension to July 16, 2002, of the time within which Jane R. Dunn may elect to take an elective share of the property of Joseph B. Dunn.

 
 
 
 
Signed on ___________________, 20____    
 
John Dunn, Individually and as
Trustee of the Trust under Item SIXTH
of the Will of Joseph B. Dunn, Deceased
 
 
 
Note: See Philadelphia Rule 12.3.C.