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HomeMy WebLinkAbout05-07-07 (3) . .. ---l 15056041147 REV.1500 EX (06-05) PA Department of Revenue Bureau of Individual Taxes PO BOX.280601 Harrisburg, PA 17128-0601 ENTER DECEDENT INFORMATION BELOW Social Security Number Date of Death *' OFFICIAL USE ONLY County Code Year INHERITANCE TAX RETURN RESIDENT DECEDENT 2 1 0 6 File Number 00820 Date of Birth 181188581 08042006 03241922 Decedent's Last Name Suffix Decedent's First Name HARDING WARREN MI W (If Applicable) Enter Surviving Spouse's Information Below Spouse's Last Name Suffix Spouse's First Name HARDING VIOLA MI M Spouse's Social Security Number 579209770 THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS FILL IN APPROPRIATE OVALS BELOW [!] 1. Original Return 0 '2. Supplemental Return 0 3. Remainder Return (date of death prior to 12-13-82) 0 4. Limited Estate 0 4a. Future Interest Compromise 0 5. Federal Estate Tax Return Required (date of death after 12-12-82) [K] 6. Decedent Died Testate 0 7. Decedent Maintained a Living Trust 0 8. Total Number of Safe Deposit Boxes (Attech Copy of Will) (Attach Copy of Trust) 0 9. Litigation Proceeds Received 0 1 O. ~~~::~ ~~~~l%f~n~t1(~1~~5)f death 0 11. Election to tax under Sec. 9113(A) (Attach Sch. 0) ~ORRESPONDENT . THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO: ame Daytime Telephone Num~r , ROBERT CLOFINE ESQUIRE 717741?995 :_-:-; C:J Firm Name (If Applicable) ., ---:-:-.;" REGISTER OF-WillS USE~NL Y First line of address 120 PINE GROVE COMMONS Second line of address !'-, c.) Co) City or Post Office YORK DATE FILED State PA ZIP Code 17403-5151 Correspondent's e-mail address:rob@estateattorney.com Under penalties of pe~ury, I declare that I have examined this return. including accompanying schedules and statements. and to the best of my knowledge and belief. it is true. correct and complete. Declaration of preparer other than the personal representative is based on all information of which preparer has any knowledge. SIGNATURE OF P R~ON RESPONSIBL OR FILING RETURN DATE Zelda Mae Godfrey a ,Newville, PA 17241 R 01: ER THAN REPRESENTATIVE Robert Clofine Esquire ve Commons, York, PA 17403-5151 Side 1 L 15056041147 1505b041147 ---l , ---l 15056042148 REV-1500 EX Decedenl'sName: Warren W. Harding RECAPITULATION 1. Real Estate (Schedule A).......................................................................................... 1. 2. Stocks and Bonds (Schedule B)............................................................................... 2. 3. Closely Held Corporation, Partnership or Sole-Proprietorship (Schedule C).......... 3. 4. Mortgages & Notes Receivable (Schedule D).......................................................... 4. 5. Cash, Bank Deposits & Miscellaneous Personal Properly (Schedule E)................ 5. 6. Jointly Owned Properly (Schedule F) 0 Separate Billing Requested............. 6. 7. Inter-Vivos Transfers & Miscellaneous Non-Probate Properly (Schedule G) 0 Separate Billing Requested............. 7. 8. Total Gross Assets (total Lines 1-7)....................................................................... 8. 9. Funeral Expenses & Administrative Costs (Schedule H)......................................... 9. 10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I)................................ 10. 11. Total Deductions (total Lines 9 & 10)...................................................................... 11. 12. Net Value of Estate (Line 8 minus Line 11)............................................................. 12. 13. Charitable and Governmental Bequests/See 9113 Trusts for which an election to tax has not been made (Schedule J)................................................. 13. 14. Net Value Subject to Tax (Line 12 minus Line 13)................................................. 14. TAX COMPUTATION - SEE INSTRUCTIONS FOR APPLICABLE RATES 15. Amount of Line 14 taxable at the spousal tax rate, of transfers under Sec. 9116 (a)(1.2) X .00 16. Amount of Line 14 taxable at lineal rate X .045 17. Amount of Line 14 taxable at sibling rate X .12 18. Amount of Line 14 taxable at collateral rate X .15 0.00 15. 8,853.64 16. 0.00 17. 0.00 18. 19. Tax Due.......... ...................... ......... ...................................... .......... ........... ................. 19. 20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT. Side 2 L 15056042148 Decedent's Social Security Number 181188581 20,519.53 20,519.53 8,836.55 2,829.34 11,665.89 8,853.64 8,853.64 0.00 398.41 0.00 0.00 398.41 D 15056042148 ---l . , REV-1500 EX Page 3 Decedent's Complete Address: File Number 21-06-00820 DECEDENT'S NAME Warren W. Harding STREET ADDRESS 480 Meadows Road CITY I STATE IZIP Newville PA 17241 Tax Payments and Credits: 1. Tax Due (Page 1 Line 19) 2. Credits/Payments A. Spousal Poverty Credit 8. Prior Payments C. Discount (1) 398.41 0.00 3. InteresUPenalty if applicable D. Interest E. Penalty Total Credits (A + 8 + C) (2) 0.00 TotallnteresUPenalty (D + E) 4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT. Check box on Page 2 Line 20 to request a refund 5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. A. Enter the interest on the tax due. 8. Enter the total of Line 5 + 5A. This is the BALANCE DUE. (3) (4) (5) 398.41 (5A) (58) 398.41 Make Check Payable to: REGISTER OF WILLS, AGENT PLEASE ANSWER THE FOllOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS 1. Did decedent make a transfer and: Yes a. retain the use or income of the property transferred;.................................................................................. ~ ~: ~::::~ ~h~e~~~:i~~~~s:~~;=s~~~. .~.~.~.I~. ~~~. ~~~. :.~.~.~.~.~ .~~~~~~~~~~~. .~.~ .i.~~. ~~~~~~:: :::::::::::::::: :.':: ::.':::::::::::: d. receive the promise for life of either payments, benefits or care?.............................................................. 2. If death occurred after December 12, 1982, did decedent transfer property within one year of death without receiving adeq uate consideration?........................................ .............................................................................. D 3. Did decedent own an "in trust for" or payable upon death bank account or security at his or her death?......... D 4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which contains a beneficiary designation?.................................................................................................................... . D [!] IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. No ~ ~ [!] [!] For dates of death on or after July 1, 1994 and before January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is three (3) percent [72 P.S. ~9116 (a) (1.1) (i)]. For dates of death on or after January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is zero (0) percent [72 P.S. ~9116 (a) (1.1) (i1)]. The statute does not exemot a transfer to a surviving spouse from tax, and the statutory requirements for disclosure of assets and filing a tax return are still applicable even if the surviving spouse is the only beneficiary. For dates of death on or after July 1, 2000: The tax rate imposed on the net value of transfers from a deceased child twenty-one years of age or younger at death to or for the use of a natural parent, an adoptive parent, or a stepparent of the child is zero (0) percent [72 P.S. ~9116 (a) (1.2)). The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is four and one-half (4.5) percent, except as noted in 72 P .S. ~9116 1.2) [72 P .S. ~9116 (a) (1 )]. The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is twelve (12) percent [72 P.S. ~9116 (a) (1.3)]. A sibling is defined under Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption. Rev-1508 EX+ 16-'8) J 1 *' SCHEDULE E CASH, BANK DEPOSITS, & MISC. PERSONAL PROPERTY COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT Harding, Warren W. FILE NUMBER 21-06-00820 ESTATE OF Include the proceeds of litigation and the date the proceeds were received by the estate. All property Jolntly-owned with the right of survlvo"hlp must be disclosed on schedule F. ITEM NUMBER DESCRIPTION 1 AGIA life insurance policy - unearned premium refund VALUE AT DATE OF DEATH 110.40 2 Bank of America (formerly MBNA account No. 57-243425-6) 19.811.71 Accrued interest on Item 2 through date of death 52.38 3 Genworth Life Insurance Company - unearned premium refund on long term care insurance 231.78 4 USAA Policy No. 000160357 - bonus check 231.19 5 USAA Policy No. 000160357 - refund on account 82.07 Miscellaneous personal property - The decedent died a resident of a nursing home and all personal property was owned jointly with his wife. TOTAL (Also enter on Line 5, Recapitulation) 20.519.53 (If more space is needed, additional pages of the same size) Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule E (Rev. 6-98) REV.1161 EX+ (12-99) ~ , ~ ~ COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE H FUNERAL EXPENSES & ADMINISTRATIVE COSTS ESTATE OF Harding, Warren W. Debts of decedent must be reported on Schedule I. FILE NUMBER 21-06-00820 ITEM DESCRIPTION AMOUNT NUMBER A. FUNERAL EXPENSES: See continuation schedule(s) attached 6,806.52 B. ADMINISTRATIVE COSTS: 1. Personal Representative's Commissions Social Security Number(s) I EIN Number of Personal Representative(s): Street Address City State Zip - Year(s) Commission paid 2. Attorney's Fees Robert Clofine Esquire 1,500.00 3. Family Exemption: (If decedent's address is not the same as claimant's, attach explanation) Claimant Street Address City State Zip Relationship of Claimant to Decedent 4. Probate Fees 103.00 5. Accountant's Fees 215.00 6. Tax Return Preparer's Fees 7. Other Administrative Costs 212.03 See continuation schedule(s) attached TOTAL (Also enter on line 9, Recapitulation) 8,836.55 Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA.1500 Schedule H (Rev. 6-98) ~~ Rey.1602 EX+ (6-98) 1 \ *' SCHEDULE H.A FUNERAL EXPENSES continued COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Harding, Warren W. FILE NUMBER 21-06-00820 ITEM NUMBER DESCRIPTION AMOUNT 1 Egger Funeral Home - funeral bill 6.005.16 2 Sisters Sweetery - funeral luncheon 801.36 Subtotal 6.806.52 Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule H-A (Rev. 6-98) Rev.1502 EX+ (8-98) . , . SCHEDULE H-87 OTHER ADMINISTRATIVE COSTS continued COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Harding, Warren W. FILE NUMBER 21-06-00820 ITEM NUMBER DESCRIPTION AMOUNT 1 Cumberland County Journal - Executrix's Advertisement 75.00 2 Evening Sentinel - Executrix's Advertisement 137.03 Subtotal 212.03 Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule H-B7 (Rev. 6-98) Rev-1512 EX+ (6-98) . . SCHEDULE I DEBTS OF DECEDENT, MORTGAGE LIABILITIES, & LIENS COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT Harding, Warren W. FILE NUMBER 21-06-00820 ESTATE OF Include unrelmbursed medica. expenses. ITEM NUMBER DESCRIPTION 1 CCRx - unreimbured pharmacy expense VALUE AT DATE OF DEATH 254.56 2 Green Ridge Village - unreimbursed nursing home expense 2.509.78 3 Pennsylvania Department of Revenue - 2006 personal income tax liability 65.00 TOTAL (Also enter on Line 10, Recapitulation) 2,829.34 (If more space is needed, additional pages Df the same size) Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule I (Rev. 6-98) REV.1&13 EX+ (9-00) ESTATE OF NUMBER I. 1 2 3 4 *' SCHEDULE J BENEFICIARIES COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT Harding, Warren W. NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY TAXABLE DISTRIBUTIONS [include outright spousal aistributions, and transfers under Sec. 9116(a)(1.2)] FILE NUMBER 21-06-00820 SHARE OF ESTATE AMOUNT OF ESTATE (Words) ($$$) RELATIONSHIP TO DECEDENT Do Not Ust Trustee(s) Doris J. Bragan 107 Norman Drive Bohemia, NY 11716 $25,000.00 Daughter Janice Sue Davis 20551 North Santa Cruz Drive Maricopa, AZ 85239 $25,000.00 Daughter Zelda Mae Godfrey 227 Mountain Road Newville, PA 17241 $25,000.00 Daughter Viola Mae Harding clo Zelda M. Godfrey 227 Mountain Road Newville, PA 17241 Spouse Personalty Total Enter dollar amounts for distributions shown above on lines 5 through 18, as appropnate, on Rev 1500 cover sheet II. NON-TAXABLE DISTRIBUTiONS: A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX is NOT BEING MADE B. CHARITABLE AND GOVERNMENTAL DiSTRIBUTIONS TOTAL OF PART 11- ENTER TOTAL NON-TAXABLE DISTRiBUTIONS ON LINE 13 OF REV-1500 COVER SHEET 0.00 Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule J (Rev. 6-98) WILL OF WARREN W. HARDING CONFORMED PHOTOCOPY MADE FROM THE ORIGINAL ON II II;.} /0 ~ BY~ 4- I, WARREN W. HARDING, of Cumberland County, Pennsylvania, declare this to be my will and hereby revoke all prior wills and codicils made by me. 1. Personalty. I bequeath to my wife, Viola Mae Harding, all of my tangible personal property not used in business or for the production of income, including without limitation furniture, furnishings, clothing, jewelry, objects of art and decoration, and the like, and any motor vehicles which I own, together with the insurance thereon, if she survives me. If my wife does not survive me, then I bequeath all said property, together with the insurance thereon, to those of my children who survive me. If said children are not all competent adults, or if they cannot agree on the division, then my executor(s) shall make the division, and may sell any items passing hereunder and distribute the proceeds. 2. Bequests. I bequeath the sum of: (a) Twenty-five Thousand Dollars ($25,000.00) to my daughter Zelda M. Godfrey, if she survives me, or, if she does not survive me, per stirpes to her issue; (b) Twenty-five Thousand Dollars ($25,000.00) to my daughter Doris Bragan, if she survives me, or, if she does not survive me, per stirpes to her issue; and (c) Twenty-five Thousand Dollars ($25,000.00) to my daughter Janice Davis, if she survives me, or, if she does not survive me, per stirpes to her issue. If any such issue of a daughter is under the age of thirty-five (35) years, his share shall be held for him in a separate trust under the terms of paragraph 6 below. 3. Residue. I bequeath, devise, and appoint all the rest of my property, of whatever nature and wherever situated, including property over which I hold a power of appointment, except that I do not exercise any power of appointment given to me by my wife, to the Trustee(s) hereinafter named, for the following purposes: (a) If my wife, Viola Mae Harding, survives me, then the Trustee(s) shall establish Trust A hereunder, governed by paragraph 4 below, by allocation thereto, from the property held hereunder, an amount, if any, equal to (i) the minimum amount, after taking into account all deductions other than the marital deduction and applying all credits available, which is necessary as the marital deduction to reduce to the lowest possible amount the federal estate tax payable by reason of my death, less (ii) the value of all other assets in my gross estate which qualify for the marital deduction and which pass or have passed to my said wife under other provisions of this will or otherwise. In determining such amount, all assets involved in the calculation shall be valued at fmal federal estate tax values, but in funding Trust A, date of distribution values shall be used and only assets that qualify for the marital deduction shall be used. I intend that the interest of my wife in Trust A shall qualify for the marital deduction, and any provisions herein which may appear to conflict with or in any way defeat my intention to obtain the marital deduction for the full amount of Trust A shall be construed or applied to accomplish that intention. - 2 - (b) The remainder of the property passing hereunder (or, if my wife does not survive me, all the property passing hereunder) shall be held as Trust B. (See paragraph 5 below.) 4. Trust A. The income and principal of Trust A (if established hereunder) shall be distributed as follows: (a) Income. The Trustee(s) shall pay the net income from Trust A to or for the benefit of my wife, Viola Mae Harding, for her lifetime, in such installments, but not less frequently than quarterly, as the Trustee( s) may determine. (b) Principal. The Trustee(s) shall pay from time to time from the principal of Trust A to or for the benefit of my wife: (i) such sums as shall in the discretion of the Trustee(s) seem proper for her support, maintenance, and health care or necessary to permit her to maintain a standard ofliving approximately equal to that maintained by her during my lifetime, taking into account such other sources of income, support and estate that may be available to her, and (ii) such sums, including any or all principal, that my wife may request in writing. (c) After Wife's Lifetime. Upon the death of my wife, Viola Mae Harding, all the principal then held in Trust A shall be distributed as she may by her will appoint, making specific reference to this Trust A. Except as expressly stated in the preceding sentence, there shall be no restriction, condition or qualification on or to the power to make such appointment and the permissible - 3 - beneficiaries. The power of appointment shall be exercisable by my wife alone and in all events, and there shall be no power in any person other than my husband to appoint to any other person any part of the property passing under Trust A. To the extent that my wife should fail to exercise effectively her power of appointment over any part ofthe property in Trust A, the Trustee(s) shall (except to the extent that my wife expressly directs to the contrary in her last will or in a writing delivered to the Trustee(s) during her lifetime) pay from the unappointed portion of the principal of Trust A: (i) the amount of any additional estate, inheritance or other death taxes imposed on account of the death of my wife by reason of her power of appointment over and other rights in the unappointed portion of the principal of Trust A (the amount of each such additional tax to be equal to the excess if any of the tax, including any interest thereon, payable by reason of her death over the amount of such tax which would have been payable ifno such tax was payable by reason of her death with respect to the unappointed principal of Trust A), and (ii) any expenses incurred in the administration of her estate attributed to the determination of such taxes (and the Trustee(s) may accept the written statement of her personal representatives as to the amount of taxes and expenses payable hereunder), -4- and the remaining balance of the principal held in Trust A at her death shall be added to and considered part of Trust B and shall be administered and distributed under the provisions herein governing Trust B. 5. Trust B. The income and principal of Trust B shall be distributed as follows: (a) Income. The Trustee(s) shall pay the net income from Trust Bat least quarterly to or for the benefit of my wife, Viola Mae Harding, for her lifetime. (b) Principa1. (i) The Trustee(s) shall from time to time pay such sums from the principal of Trust B to or for the benefit of my wife as may in the discretion of the Trustee(s) seem necessary for her support, maintenance and health care, and for the maintenance by my wife of the standard of living maintained by her during my lifetime, taking into account such other sources of income, support and estate that may be available to her and the needs and resources of all the beneficiaries. My first priority for the income and principal of Trust B taken together is the support, maintenance, and health care of my wife for life. In determining whether any invasion shall be made for the benefit of my wife from the principal of Trust A or from the principal of Trust B, such invasion shall be made from Trust A as far as practica1. (ii) The Trustee(s) shall from time to time pay such sums from the principal of Trust B to or for the benefit of my issue as may in the discretion of the Trustee(s) seem necessary for the - 5 - . . health, education, support and maintenance of my issue, taking into account such other sources of income, support and estate that may be available to the beneficiary and the needs and resources of all the beneficiaries. Any of the foregoing distributions to or for the benefit of my issue shall be based on their needs, rather than on a desire to maintain absolute equality of payments among them. (c) Legal Support Obligation. No payment shall be made under subparagraphs ( a) or (b) above which would discharge to any extent the legal obligation of any person for the support of the recipient of such payment. (d) Wife's Rights of Withdrawal. In addition to the foregoing, during any calendar year my wife shall have the unqualified right in her sole discretion to demand in one or more writings delivered by her to the Trustee(s) that she be paid from the principal of Trust B an amount not in excess of the greater of Five Thousand Dollars ($5,000.00) or five percent (5%) of the aggregate market value of the assets of Trust B as of December 31 of the calendar year during which such demand is made. The right permitted my wife under this subparagraph (d) must be exercised by her as herein provided on or before December 31 of the calendar year to which applicable, and any amount as to which such right is not exercised for any given calendar year shall lapse and shall not accumulate or carry over to any future calendar year. (e) After Wife's Lifetime: Limited Power of Ap1>ointment by Wife. Upon the death of the survivor of my wife and me, if she survives me, the Trustee(s) shall pay the balance held in Trust B, outright or in trust, in such amounts or proportions to orJor the benefit of any or all of my issue and their - 6- spouses or former spouses and persons gifts to whom are then allowable as deductions under Section 2055 of the Internal Revenue Code (or any successor provision), as my wife may direct in her will making specific reference to Trust B hereunder. To the extent that my wife should fail to exercise effectively her limited power of appointment over Trust B, or if she should predecease me, then upon the death of the survivor of my wife and me, the principal remaining in Trust B shall be distributed per stirpes to my issue, provided, however, that if any such issue is then under the age of thirty-five (35) years, his share shall be held for him in a separate trust hereunder under the terms of paragraph 6 below. 6. Separate Trusts. The income and principal of a separate trust in which a share of any issue under paragraph 2 is to be held for the beneficiary under this paragraph 6, or in which a share in Trost B is to be held for the beneficiary pursuant to the terms of paragraph 5( c) above, shall be distributed as follows: (a) Income. The income shall be distributed at least quarterly to or for the benefit of the beneficiary. No payment shall be made under this subparagraph (a) which would discharge to any extent the legal obligation of any person for the support of the beneficiary. (b) Principal. The Trustee(s) shall pay from the principal such sums to or for any or all of the beneficiary and his issue as in the discretion of the Trustee(s) seems proper for their support, maintenance, health care, and education, and such sums to or for the benefit of the beneficiary as in the discretion of the Trustee(s) seems proper to help establish him in a business or profession or acquire or furnish a home for him, taking into account the other sources of income, support and estate that are available to the distributee, the - 7 - . . reasonably anticipated needs and resources of the beneficiary and his issue, their income and estate tax brackets, the desirability of the transaction (if any), and the possible application of any generation-skipping tax. No payment shall be made under this subparagraph (b) which would discharge to any extent the legal obligation of any person for the support of the distributee. (c) Distribution of SeJlarate Trust. (i) When such beneficiary shall have attained the age of twenty-five (25) years, the Trustee(s) shall distribute to him at his written request one third (113) of the remaining principal balance then held in his separate trust; when such beneficiary shall have attained the age of thirty (30) years, the Trustee(s) shall distribute to him at his written request one half(~) of the remaining principal balance; and when such beneficiary shall have attained the age of thirty-five (35) years, the Trustee(s) shall distribute to him at his written request the entire balance held in his separate trust. (ii) If such beneficiary should die before making proper request for the entire balance in his separate trust, then the entire balance in his separate trust shall at his death be distributed, outright or in trust, in such sums or proportions as such beneficiary may direct in his last will, expressly referring to his separate trust hereunder, but only among my issue and their spouses or former spouses and persons gifts to whom are then allowable as deductions under Section 2055 of the Internal Revenue Code (or - 8 - , . any successor provision); and to the extent that such beneficiary shall fail to exercise effectively his limited power of appointment hereunder, the aforementioned balance in his separate trust shall then be distributed per stirpes to his issue, or, if no such issue survive him, per stirpes to the issue of his parent who was a child or more remote descendant of mine, or, if no such issue survive him, per stirpes to the issue of his grandparent who was a child or more remote descendant of mine or, ifno such issue survive him, per stirpes to my issue, with the share of any of such issue for whom property is then held in or payable to a separate trust under this paragraph 6 being added to such separate trust. (d) Disposition Upon Application of Rule Against Pet:Petuities. Notwithstanding subparagraph (c) above, if during the lifetime of a person for whom a separate trust under this paragraph 6 was established the interest of such person therein becomes void under the applicable rule against perpetuities, then the balance in such separate trust shall then be distributed outright to such person. 7. Survival Clause. If any beneficiary hereunder should die within sixty (60) days after me or within sixty (60) days after any other person the survival of whom determines his rights hereunder, then such beneficiary shall be deemed to have predeceased me or such other person for all purposes hereunder. 8. Powers. In addition to such other powers and duties as may be granted elsewhere herein or which may be granted by law, the fiduciaries hereunder shall have the following powers and duties, without the necessity of notice to or consent by any Court: - 9- '. . ( a) To retain all or any part of my property, real or personal, in the form in which it may be held at the time of its receipt, including any closely held business in which I have an interest and any stock of any corporate fiduciary hereunder, as long as in the exercise of their discretion it may be advisable so to do, notwithstanding that said property may not be of a character authorized by law, provided, however, that upon written request by my husband, they shall within a reasonable time make productive of income any interest in property (however and whenever acquired) held in Trust A hereunder. (b) To invest and reinvest any funds held hereunder in any property, real or personal, including, but not by way of limitation, bonds, preferred stocks, common stocks, and other securities of domestic or foreign corporations or investment trusts, mortgages or mortgage participations, and common trust funds, even though such property would not be considered appropriate or legal for a fiduciary apart from this provision. (c) To sell, convey, exchange, partition, give options to buy or lease upon, or otherwise dispose of any property, real or personal, at any time held by them, with or without order of court at their option, at public or private sale or otherwise, for cash or other consideration or for such credit terms as they think proper, and upon such terms and for such prices as they may determine, and to convey such property free of all trusts. (d) To borrow money from any person for any purpose in connection with the administration hereof, to execute promissory notes or other obligations for amounts so borrowed, and to secure the payments of such amounts by - 10 - <f I. . mortgages or pledges of any property, real or personal, which may be held hereunder. (e) To make loans, secured or unsecured, in such amounts, upon such terms, at such rates of interest, and to such persons, firms or corporations as they may deem advisable. (f) To renew or extend the time for payment of any obligation, secured or unsecured, payable to or by them, for as long a period oftime and on such terms, as they may determine, and to adjust, settle and arbitrate claims or demands in favor of or against them. (g) In dividing or distributing any property, real or personal, included herein, to divide or distribute in cash, in kind, or partly in cash and partly in kind. (h) To hold, manage, and develop any real estate which may be held by them at any time, to mortgage any such property in such amounts and on such terms as they may deem advisable, to lease any such property for such term or terms, and upon such conditions and rentals as they may deem advisable, whether or not the term of any such l~ase shall exceed the period permitted by law or the probable period of retention .under this instrument; to make repairs, replacements and improvements, structural and otherwise, in connection with any such property, to abandon any such property which they may deem to be worthless or not of sufficient value to warrant keeping or protecting, and to permit any such property to be lost by tax sale or any other proceedings. (i) To employ such brokers, banks, custodians, investment counsel, attorneys, and other agents, and to delegate to them such duties, rights and powers as they may determine, and for such periods as they think fit. - 11 - ., l.. , G) To register any securities at any time in their names as fiduciary, or in the names of nominees, with or without indicating the trust character of the securities so registered. (k) With respect to any securities held hereunder, to vote upon any proposition or election at any meeting of the person or entity issuing such securities, and to grant proxies, discretionary or otherwise, to vote at any such meeting; to join or become a party to any reorganization, readjustment, merger, voting trust, consolidation or exchange, and to deposit any such securities with any committee, depository, trustee or otherwise, and to payout of the trust created herein, any fees, expenses, and assessments incurred in connection therewith; to exercise conversion, subscription or other rights, and to receive or hold any new securities issued as a result of any such reorganization, readjustment, merger, voting trust, consolidation, exchange or exercise of conversion, subscription or other rights and generally to take all action with respect to any such securities as could be taken by the absolute owner thereof. (1) To engage in sales, leases, loans, and other transactions with my estate, the estate of my wife, or any trust established by either of us, even if they are also fiduciaries or benefiCiaries thereof. (m) To make all necessary proofs of death under the insurance policies of which they are the beneficiary, to execute any receipts for the proceeds and to I institute any action to collect said proceeds and to make adjustments of any claim thereunder, provided, however, that they need not institute any action unless they shall have been indemnified against all expenses and liabilities to which they may become subject as a result thereof. If, however, they desire to institute such action - 12- i 'II . without indemnification, they are hereby authorized to be reimbursed for all expenses and liabilities incurred as a result thereof from any amounts which may be held in trust hereunder then or thereafter. (n) To exercise all elections which they may have with respect to I income, gift, estate, inheritance or other taxes, including without limitation I execution of joint income t~ returns, election to deduct expenses in computing one tax or another, election to split gifts, and election to payor to defer payment of any tax, in all events without their being bound to require contribution from any other person. (0) To operate, own, or develop any business or property held hereunder in any form, including without limitation sole proprietorship, limited or general partnership, corporation, association, tenancy in common, condominium, or any other, whether or not they have restricted or no management rights, as they in their discretion think. best. 9. Spendthrift Clause. No interest (whether in income or principal, whether or not a remainder interest, and whether vested or contingent) of any beneficiary hereunder shall be subject to anticipation, pledge, assignment, sale or transfer in any manner, nor shall any beneficiary have power in any manner to charge or encumber his said interest, nor shall the said interest of any beneficiary be liable ?r subject in any manner while in the possession of the fiduciaries for any liability of such beneficiary, whether such liability arises from his debts, contracts, torts, or other engagements of any type. 10. Facility of Payments for Minors or Incompetents. Any amounts or property which . . are payable or distributable hereunder to a minor or incompetent may, at the discretion of the fiduciaries, be paid to the parent or guardian of such minor or incompetent, to the person with - 13 - " . '... whom such minor or incompetent resides, or directly to such minor or incompetent, or may be applied for the use or benefit of such minor or incompetent. Any amount or property payable or distributable hereunder to a person under the age of twenty-five (25) years may in the discretion of the fiduciaries involved be paid or distributed to a custodian for such person under the Pennsylvania Uniform Transfers to Minors Act. 11. Taxes. I direct that all estate, inheritance, and succession taxes that may be assessed in consequence of my death, of whatever nature and by whatever jurisdiction imposed, other than generation-skipping taxes, shall be paid out of the principal of my general estate to the same effect as if said taxes were expenses of administration, except that any such additional taxes (and interest and penalties thereon) imposed on account of my interest in or power over any trust established by my husband shall be paid out of the property held in such trust, and all other property includible in my taxable estate for federal or state tax purposes, whether or not passing under this will, shall be free and clear thereof; provided, however, that my executor(s) may in the discretion ofthe executor(s) request that any portion or all of said taxes (to be paid out of the principal of my general estate) shall instead be paid out of the principal of any trust established by me in this will or otherwise, to the extent expressly authorized under the terms of said trust. With the consent of the Trustee(s) hereunder, said taxes may be paid out of the principal of Trust B hereunder as if said taxes were expenses of administration thereof, provided, however, that no such taxes shall be paid out of Trust A hereunder or out of assets that are not includible in my federal gross estate. 12. Fiduciaries. I appoint as executors hereunder and as Trustees hereunder my daughters Zelda Mae Godfrey, ofN~wville, Pennsylvania, Doris Jean Bragan of Bohemia, New York, and Janice Sue Davis of Tempe, Arizona. My executors shall serve as guardians of the property of any minor beneficiaries hereunder, under any instrument of trust executed by me, - 14- . ... under any policies of insurance on my life, and in any other situation in which the power to make such appointment exists under the laws of Pennsylvania. No individual fiduciary shalfbe liable for the acts, omissions or defaults of any agent appointed and retained with due care or of any co-fiduciary. No fiduciary shall be required to furnish bond or other security for the proper performance of her duties hereunder. 13. Gender. Unless the context indicates otherwise, any use of the masculine gender herein shall also include the feminine gender. IN WITNESS WHEREOF, I, WARREN W. HARDING, herewith set my hand to this, my last Will, typewritten on sixteen (16) sheets of paper including the self-proving attestation clause and signatures of witnesses, this jZ l~ day of 21JtVt,~lbt ,2004. x'k"",_ . 6h jfQ"-'ti.'VJ Warren W. Harding (SEAL) Witnessed: tfgo ~ ~ residing at ~tf)_ /( P/7. / 7;)-Lf I ill." h~Jt residing at ll'~.f,,7) . /7 II d COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ss: W~n W. Harding, (the testator), '2J,(~k /?1.. ~U(Jn and (r.~atcP' A LI.A3..IM-cY (the witnesses), whose n es are signed to the foregoing instrument, being first duly sworn, each hereby declares to the undersigned authority that the testator signed and executed the instrument as his last will in the pre~ence of the witnesses and that he had signed willingly, and that he executed it as his free and voluntary act for the purposes therein expressed, ~d that each ofthe witnesses, in the presence and hearing of the testator, signed the will as witness and that to the best of his knowledge the testator was at - 15 - .. · fII t that time eighteen years of age or older, of sound mind and under no constraint or undue influence. WITNESS: '()~o:-- m - ~ <:\ TESTATOR: X ~~l :)I.. ~d..,l.~~ WARREN W. HARDING W~\N"ESS: J)~ ~oJd~1 Subscribed, sworn to and acknowledged before me by Warren W. Harding, the testator, and .VLOtu (711 /~ , the witnesses, this /1J. i/ day of subscribed and sworn to before me by and Sj}Inai!.:P (J. (ib~~f "/1. I 1V LI)l.1-i:.l'-. , 2004. CCf~mry~b~ (SEAL) Notarial Seal Jennie E. Row, Notary Public Lower' Paxton Twp.. Dauphin County My Commission ExpIres Jan. 19,2005 Memoor. P~"n.,vlllal'lia Association 01 Notaries - 16- ROBERT CLOFINE ATTORNEY AT LAW 120 PINE GROVE COMMONS. YORK, PENNSYLVANIA 17403-5151 . TELEPHONE (717) 747-5995 . FACSIMILE (717) 747-5996 . IlMAIL robOeetateattomey.com May 2, 2007 Glenda Farner Strasbaugh Register of Wills Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 Re: Estate of Warren G. Harding File No. 21-06-0820 Dear Ms. Strasbaugh: I have enclosed for filing the Pennsylvania inheritance tax return in duplicate along with the Inventory. Checks in the amount of$398.41 and $30.00 are also enclosed for payment of the inheritance tax and additional filing fees respectively. Please time-stamp the enclosed copies and return them to me along with the receipt in the enclosed elf-addressed, stamped envelope. Should there be any questions, please contact me. -...J Enclosures -'~~ Cc: Zelda Mae Godfrey (w/out enclosures) i -.:'=-I r',...) C--,) c.~, CER11FIED AS AN ELDER LAW ATIORNEY BY TIlE NATIONAL ELDER LAW FOUNDATION www.estatea\torney.com .. ~ ... \;~ ~';~ ". '" v# ',~:.. t II t-; \; ~:l '.. tt~. ':.'A ;: '-' .~.~ "0- 0: 0 Z. ,\ ( ,,\ '" '~\I t~}- "' ~ .~ --I .....~~'-. : .~F~~ . t'1lf~TI-t ,"~?"/I,..t..1''f'-; ~_ ."1 _.'J;:: .-' " ;:\"-j':":'; r:.'~ '_Jr"'~ i,..~ 11 . f ~, '>..> . ,) ...)1i.\-tr '}~ ( ", \~ L-' ex::: ) U \~1 ~ 1.-.__ ..... _::t ('"") t'J :c o.~ r- I :..- """.. ~ r0- c.:" ~, - -(i 2 (I) = -- (.) 1ft ... .- u. ;:t 1-:: (:. , -, , L'oc '~J tf,.~?_ ' C)~~ c; (.~'-, ~ 0;0 ~ , ~ -- .,......'" ""......... 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