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HomeMy WebLinkAbout09-04-07 (2) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ESTATE OF FANNIE PAULINE LEHR, Deceased No. 2007-00102 FAMILY SETTLEMENT AGREEMENT AGREEMENT executed this \\: day of August, 2007, by and between SHIRLEY A. SMITH, Individually and as, Executrix of the Estate of FANNIE PAULINE LEHR, and DONNA M. DURHAM, n!kla DONNA M. SASSANI. r......) , ') ,:--) ,',d --_..J (,') ;'1 -......",.-, .... WITNESSETH: I .!':- WHEREAS, Fannie Pauline Lehr died on December 3, 2006, Jeavihg a\~ " Will dated December 15, 1983; and l"J -...J WHEREAS, the only beneficiaries under the Will were Shirley A. Smith and Donna M. Durham, n!kla! Donna M. Sassani; and WHEREAS, on February 1, 2007, the Register of Wills of Cumberland County granted letters testamentary to Shirley A. Smith; WHEREAS, the Executrix has proceeded with the administration of said estate and has prepared an informal accounting of her administration; WHEREAS, the Executrix has prepared and filed an original Inheritance Tax Return as evidenced by the Return attached hereto as Exhibit "A". j NOW THEREFORE, the parties intending to be legally bound hereby, mutually agree as follows: 1. The parties hereto, and each of them, agree and acknowledge that they have fully and carefully examined the informal accounting prepared by Shirley A. Smith as Executrix of the Estate of Fannie Pauline Lehr, Deceased, and find it to be true and correct and acceptable to the parties hereto and each of them, and further that each of them has received a copy of this Agreement and informal accounting. 2. The parties hereto do hereby release, remise and forever discharge the Estate of and from all manner and acts, suits, claims, accounts, accountings, debts, dues and demand whatsoever which they or any of them or their legal representative or assigns may at any time hereafter have, against the Executrix of said estate or the assets thereof, from, for, touching or concerning any of the assets and property of the said estate and/or any claim or interest thereto or therein and the administration, management, collection, sale or distribution of any of said assets and for on account of any money, interest, income assets or proceeds of the same, from the time of said decedent's death to and including the date of this Agreement and the distribution authorized herein. 3. This instrument is a full and final Family Settlement Agreement by and between the parties hereto, both fiduciary and individual, all of the same having been arrived at, included and executed after a full and complete disclosure of the assets of said estate and the right of the parties therein and thereto and all the parties hereto, and each of them agrees to abide by the terms hereof. 4. The parties hereto, and each of them agree, that they will at all times in the future and whenever necessary appropriate or conveniently make, execute and deliver to said Executrix and/or to the other party or persons, any and all instruments, documents, conveyances, deeds, releases or other instruments of any kind necessary or convenient to carry out the intention of this agreement and/or to permit, assist and enable the Executrix to fulfill her duties with references to the said estate and all the assets thereof. 5. This Agreement constitutes the entire understanding among the parties hereto and each of them acknowledges that no representations or statement of any kind, written or oral have been made to them by any of them prior hereto except as provided for in this agreement, by the Executrix or by any other person or party upon her behalf. 6. This Agreement shall inure to the benefit of and shall be binding upon, the parties hereto, and each of them, their heirs, executors, administrators, successors and assigns. 7. The signatories to this Family Settlement Agreement agree to refund to the estate pro rata any amount which may be necessary in the future to discharge any liabilities of the estate which may hereafter arise. 8. This Family Settlement Agreement is signed and executed by the Executrix and the other beneficiaries as witnessed by the individual signatures attached to the body of this Agreement. 9. This Agreement shall be governed by laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties hereto have hereunto set their respective hands and seals. Date ~ \\~ \\:)\ ~~d.~ SHIRLEY A. S H, Individually and as Executrix of the Estate of Fannie Pauline Lehr Date ~ \ \"'\~, J.P~~.)J~ DONNA M. DURHAM, n/k/a DONNA M_ SASSANI --I 15056051058 REV-1500 EX (06-05) PA Department of Revenue . Bureau of Individual Taxes . PO BOX 280601 Harrisburg, PA 17128.{)601 ENTER DECEDENT INFORMATION BELOW Social Number Date of Death OFFICIAL USE ONLY gCl!:'n,tr~~odeY~ar INHERITANCE TAX. RETURN RESIDENT DECEDENT 21 07 File Number :0102 Date of Birth 12/03/2007 03/12/1915 Lehr Decedent's First Name MI Decedent's Last Name Fannie P (If Applicable) Enter Surviving Spouse's Information Below Last Name Suffix Spouse's First Name MI .~p()~:>~':>..~()c:i.l:lI...~.~.c:~~~....t-I.~rTl~~r THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WillS FILL IN APPROPRIATE OVALS BELOW ~ 1. Original Retum 4. Limited Estate c:;:) 3. Remainder Return (date of death prior to 12-13-82) 5. Federal Estate Tax Return Required c:;:) 2. Supplemental Return c:;:) c:;:) c:;:) 4a. Future Interest Compromise (date of death after 12-12-82) c:;:) 7. Decedent Maintained a Living Trust (Attach Copy of Trust) c:;:) 10. Spousal Poverty Credit (date of death c:::; 11. Election to tax under Sec. 9113(A) between 12-31-91 and 1-1-95) (Attach Sch. 0) CORRESPONDENT - THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO: Name [:)l:l~':l~.T~I.~p.~()~~.~.~.rTl.~~r....... 6. Decedent Died Testate (Attach Copy of Will) 9. Litigation Proceeds Received ._.9.... 8. Total Number of Safe Deposit Boxes ~ c:::; James G. Nealon, III , (717) 232-9900 ,-. .'"~ Firm Name REGISTER OF WILLS USE ONLY I I I I I , ! Nealon, Gover & Perry First line of address 2411 North Front Street Second line of address or Post Office 17110 ZIP Code DATE FILED Correspondent's e-mail address:jnealon@ngplawfirm.com Under penalties of perjury, I declare that I have examined this retum, 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. SIGNATU OF P,ERS RESPONSIBLE FO FILING RETURN DATE ADDRESS PLEASE USE ORIGINAL FORM ONLY Side 1 15056051058 ---I L 15056051058 ...J 15056052059 REV-1500 EX Decedent's Name: RECAPITULATION Fannie P Lehr 1. Real estate (Schedule A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2. Stocks and Bonds (Schedule B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. Closely Held Corporation, Partnership or Sole-Proprietorship (Schedule C) .. . . . 4. Mortgages & Notes Receivable (Schedule D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5. Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E) . . . . . . . . 6. Jointly Owned Property (Schedule F) <=> Separate Billing Requested . . . . . . . 7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property (Schedule G) <=> Separate Billing Requested. . . . . . . . 8. Total Gross Assets (total Lines 1-7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9. Funeral Expenses & Administrative Costs (Schedule H). . . . . . . . . . . . . . . . . . . . . 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, or transfers under Sec. 9116 (a)(1.2) X .0_ 16. Amount of Line 14 taxable at lineal rate X.O 45 14,733.41 17. Amount of Line 14 taxable at sibling rate X .12 18. Amount of Line 14 taxable at collateral rate X .15 19. TAX DUE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19. 20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT 15056052059 Side 2 L _1?=~,:denf~__~ocial._S,:~~~i~__~_~.I"I1.t:er .207-07-9275 1. 2. 3. 4. 5. 25,033.92 6. 1,196.27 7. 8. 9. 14,733.41 15. 16. 17. 18. 663.00 <=> 15056052059 ---I REV-1500 EX Page 3 Decedent's Complete Address: DECEDENTS NAME Fannie P Lehr STREET ADDRESS 1213 Mitchell Drive F!I.eNMmPeL~_._...._..... 10102 DECEDENTS SOCIAL SECURITY NUMBER 207-07-9275 CITY Mechanicsburg STATE PA ZIP 17050 Tax Payments and Credits: 1. Tax Due (Page 2 Line 19) (1) 2. CreditslPayments A. Spousal Poverty Credit B. Prior Payments C. Discount Total Credits (A + B + C ) (2) 3. InterestlPenalty if applicable D. Interest E. Penalty Total Interest/Penalty ( D + E) (3) 4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT. Fill in oval on Page 2, Line 20 to request a refund. (4) 5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (5) A. Enter the interest on the tax due. (SA) B. Enter the total of Line 5 + SA. This is the BALANCE DUE. (5B) 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 No a. retain the use or income of the property transferred;.......................................................................................... 0 [iI b. retain the right to designate who shall use the property transferred or its income; ............................................ 0 [iI c. retain a reversionary interest; or.......................................................................................................................... 0 [iJ d. receive the promise for life of either payments, benefits or care? ...................................................................... 0 IKl 2. If death occurred after December 12, 1982, did decedent transfer property within one year of death wtthout receiving adequate consideration? .............................................................................................................. 0 IKl 3. Did decedent own an "in trust for" or payable upon death bank account or security at his or her death? .............. 0 [iI 4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which contains a beneficiary designation? ........................................................................................................................ 0 [iI IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. 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) (ii)]. The statute does not exempt a transfer to a surviving spouse from tax, and the statutory requirements for disclosure of assets and filing a tax retum 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. 99116(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. 99116(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. 99116(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-15GB EX+ (6-9a) *' COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE E CASH, BANK DEPOSITS, & MISC. PERSONAL PROPERTY ESTATE OF Fannie Pauline Lehr FILE NUMBER 21-07-0102 Include the proceeds of Ittigation and the date the proceeds were received by the estate. All property jointly-owned with right of survivorship must be disclosed on Schedule F. ITEM NUMBER DESCRIPTION 1 Highmark Premium Refund TOTAL (Also enter on line 5, Recapitulation) $ (If more space is needed, insert additional sheets of the same size) 25,033.92 REV-1509 8(+ (6-98* COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE F JOINTLY-OWNED PROPERTY ESTATE OF Fannie Pauline Lehr FILE NUMBER 21-07-0102 If an asset was made joint within one year of the decedenfs date of death, It must be reported on Schedule G. SURVIVING JOINT TENANT(S) NAME A. Shirley A. Smith ADDRESS RELATIONSHIP TO DECEDENT 1213 Mitchell Drive Mechanicsburg, PA 17055 Daughter B. C. JOINTLY.OWNED PROPERTY: LETTER ITEM FOR JOINT NUMBER TENANT DATE MADE JOINT DESCRIPTION OF PROPERTY INCLUDE NAME OF FINANCIAL INSTITUTION AND BANK ACCOUNT NUMBER OR SIMILAR IDENTIFYING NUMBER. ATTACH DEED FOR JOINTLY-HELD REAL ESTATE. 1. A. Belco Checking Account #XXXX90 TOTAL (Also enter on line 6, Recapitulation) $ (If more space is needed, insert additional sheets of the same size) 1,196.27 REV-1511 EX+ (12-99) *' COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE H FUNERAL EXPENSES & ADMINISTRATIVE COSTS ESTATE OF FILE NUMBER Debts of decedent must be reported on Schedule L ITEM NUMBER A. DESCRIPTION AMOUNT 1. FUNERAL EXPENSES; Cocklin Funeral Home B. 1. ADMINISTRATIVE COSTS; Personal Representative's Commissions Name of Personal Representative(s) Shirley A. Smith Social Security Number(s)/EIN Number of Personal Representative(s) Street Address 1213 Mitchell Drive 1,000.00 StatePA Zip 17050 City. Mechanicsburg . Year(s) Commission Paid; 2007 3. Family Exemption: (If decedent's address is not the same as claimant's, attach explanation) 2. Attorney Fees Claimant Shirley A. Smith Street Address 1213 Mitchell Drive City Mechanicsburg ,...... '...............-.........'..., State PA .Zip 17050 Relationship of Claimant to Decedent [)C3u~hter 4. Probate Fees 5. Accountant's Fees 6. Tax Return Preparer's Fees 7. TOTAL (Also enter on line 9, Recapitulation) $ (If more space is needed, insert additional sheets of the same size) 11,496.78