STATE OF MICHIGAN
PROBATE COURT
COUNTY OF BERRIEN
NOTICE OF APPOINTMENT AND
DUTIES OF PERSONAL REPRESENTATIVE
FILE NO. 2021-0904-DE-D
Estate of Emil E. Hollender, Deceased
TO ALL INTERESTED PERSONS:
1. On November 8, 2021 I was appointed personal representative as requested in the application or petition for probate of this estate (copy attached unless previously sent). I am serving without bond. The papers related to the estate are on file with the Berrien County Probate Court located at 811 Port Street. This is not a supervised administration.
2. Attached is a copy of the will of the decedent which was admitted to probate and under which I will administer, manage, and distribute the estate.
3. The court does not supervise the personal representative in the administration of an estate except in limited circumstances.
4. If I was appointed informally, you or another interested person may petition the court objecting to my appointment and/or demanding that I post a bond or an additional bond. The petition must be filed with the probate court along with the applicable fee. Unless the court grants the petition, I will continue to serve as appointed.
5. You or another interested person may petition for a hearing by the court on any matter at any time during the administration of the estate, including for distribution of assets and allowance of expenses of administration. The petition must be filed with the probate court along with the applicable fee.
6. If you continue to be an interested person (such as an heir of an intestate estate or devisee or beneficiary under the will of the decedent), I will provide you with: 1) a copy of the inventory within 91 days of my appointment; 2) unless waived by you, a copy of an account including fiduciary fees and attorney fees charged to the estate, within 1 year of my appointment; and 3) a copy of the closing statement or settlement petition when the estate is ready for closing.
7. To avoid penalties, I must have paid any federal estate and Michigan estate taxes within 9 months after the date of the decedent’s death or another time period specified by law.
8. The estate may not be closed earlier than 5 months after the date of my appointment except in limited circumstances. If the estate is not settled within 1 year after my appointment, within 28 days after the anniversary of the appointment, I must file with the court and send to each interested person a notice that the estate remains under administration and the reason for the continuation of the estate. If you do not receive such a notice, you may petition the court for a hearing on the necessity for continued administration or for closure of the estate.
Dated: June 22, 2022
Charles A. Hilmer P30665
20 South Elm St., PO Box 126
Three Oaks, Michigan 49128-0126
(269) 456-2681
Linus Petravicius
10022 Community Hall Road
Union Pier, Michigan 49129
(269) 469-4981
ATTENTION: The above duties are not the only duties required of the personal representative. This notice of appointment must be served on all interested persons within 14 days after the appointment of the personal representative.
LAST WILL AND TESTAMENT
OF
EMIL E. HOLLENDER
I, Emil E. Hollender, of Berrien County, Michigan, make my Last Will and revoke all my previous Wills and Codicils.
I.
I direct my Personal Representative to pay all my legally enforceable debts, including the expenses of my last illness, my funeral expenses and expenses of administering my estate.
All debts, expenses, and taxes imposed by reason of my death upon any transfer of property shall be paid by my Personal Representative from the residue of my estate without apportionment unless voluntarily paid by some other party.
ll.
I give all of my tangible, personal property to Linus Petravicius, if he survives me. My tangible, personal property includes, but is not limited to my household goods and personal effects, jewelry and automobiles, together with all policies insuring such property against loss. If Linus Petravicius does not survive me, I give all of my tangible, personal property, together with all policies insuring such property against loss, to Norma Petravicius, if she survives me. If Norma Petravicius does not survive me, I give all of my tangible, personal property, together with all policies insuring such property against loss, personal effects, jewelry and automobiles, together with all policies insuring such property against loss, in as nearly equal shares as possible to Adam Petravicius, Erik Petravicius and Jared Petravicius, or to the survivor or survivors of them.
I may leave a separate handwritten list or statement, in either my handwriting, or signed and dated by me at the end, disposing of items of tangible personal property. If I do and if my written statement or list is found and identified as such by my Personal Representive within thirty (30) days after the probate of this Will, then my statement or list is to be given effect to the extent authorized by law and is to take
precedence over any contrary devise or devises of the same item or items of property in this Will.
III.
I give all other property that I own or that I have a power to appoint by Will, to Linus Petravicius, if he survives me. If Linus Petravicius does not survive me I give all other property that I own or that I have a power to appoint by Will to Norma Petravicius, if she survives me.
If Norma Petravicius does not survive me I give all other property that I own or that I have a power to appoint by Will to in equal shares to Adam Petravicius, Erik Petravicius, and Jared Petravicius, or to the survivor or survivors of them.
IV.
For purposes of this Will only, no person shall be deemed to have survived me or to be living at my death if he or she shall die within thirty (30) days after my death. A gift fails if a beneficiary does not satisfy a condition of survival and no substitute beneficiary is indicated in this document who satisfies the conditions for taking. The provisions of an anti-lapse statute shall not apply to preserve a gift for a person or persons who are not identified as a substitute or substitutes in this document.
V.
I have deliberately and intentionally made no provision herein for my daughter, Rasa Hollender.
VI.
I nominate Linus Petravicius, as Personal Representative of this my Last Will and Testament and empower him to sell at public or private sale any or all of my real or personal estate without securing the order of any court. In the event he is unable or unwilling so to act, I nominate Norma Petravicius as Personal Representative of this my Last Will and Testament with like powers. Except with respect to a specific devise of a specific asset, and subject to his duty to efficiently and expeditiously administer the estate, my Personal Representative shall be authorized to liquidate assets, and make distributions in kind or cash, as he deems proper. I direct that my Personal Representative serve without bond.
I Emil E. Hollender, certify under penalty for perjury under the law of the State of Michigan that: (1) I sign my name to this will on December 19, 2018; (2) the statements in this will are true; (3) this document is my will; (4) I sign it willingly or willingly direct another to sign for me; (5) I execute it as my voluntary act for the purposes expressed in this will; and (6) I am 18 years of age or older, of sound mind, and under no constraint or undue influence.
Signed: Emil E. Hollender, Testator
We, Nancy Caid, and Charles A. Hilmer, certify under penalty for perjury under the law of the State of Michigan that: (1) we, the witnesses, sign our names to this will on December 19, 2018; (2) the individual signing this document as the testator executes the document as his or her will, signs it willingly, and executes it as his or her voluntary act for the purposes expressed in this will; (3) each of us, in the testator’s presence, signs this will as witness to the testator’s signing; (4) and, to the best of our knowledge, the testator is 18 years of age or older, of sound mind, and under no constraint or undue influence.
Signed:
Nancy Caid, Witness
Charles A. Hilmer, Witness
STATE OF MICHIGAN
PROBATE COURT
COUNTY OF BERRIEN
NOTICE TO CREDITORS
Decedent’s Estate
CASE NO. and JUDGE
2021-0904-DE-D
Jennifer Smith
Court address
811 Port St., St. Joseph, MI 49085
Court telephone no.
269.983.7111
Estate of: Emil E. Hollender, Deceased
TO ALL CREDITORS:
NOTICE TO CREDITORS: The decedent, Emil E. Hollender, Deceased died October 28, 2020.
Creditors of the decedent are notified that all claims against the estate will be forever barred unless presented to Linus Petravicius, personal representative, or to both the probate court at 811 Port Street and the personal representative within four months after the date of this publication of this notice.
Date: June 20, 2022
Charles A. Hilmer P30665
20 South Elm St., PO Box 126
Three Oaks, Michigan 49128-0126
(269) 456-2681
Linus Petravicius
10022 Community Hall Road
Union Pier, Michigan 49129
(269) 469-4981
(06-30)
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