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HomeMy WebLinkAbout05-13-08 FAMILY SETTLEMENT AND FINAL RELEASE 0 ~ ESTATE OF DONALD L. ADAMS ..;;0 ~ .-"70 '; ;;:J 3: ;,s n'~~ :: . il~ KNOW ALL MEN BY THESE PRESENTS, that Donald L. AdamJiJ~te C\t the'" ~:~ J .~ ...... ~__. ;':~.J Borough of Camp Hill, Cumberland County, Pennsylvania, deceased, )gi~ testate o?,;:-- ~l~ CJ1 ,-,' December 22, 2007, having first made his Last Will and Testament, which w~duly " executed on November 10, 2000 and probated in the Office of the Register of Wills of Cumberland County, on January 2,2008 as Estate No. 21-08-00001. WHEREAS, the said Donald L. Adams, by the aforesaid Last Will and Testament, named Jonathan N. Adams as Executor of said Last Will and Testament; WHEREAS, Letters Testamentary on the Estate of the said decedent were duly issued by the Register of Wills of Cumberland County, Pennsylvania, to the said Executor, hereinafter called personal representative; WHEREAS, the personal representative has gathered the assets of the Estate of the said decedent and the assets consist of personal and real property with the total value of $87,778.40 as set forth in Exhibit "A", which is a copy of the Pennsylvania Inheritance Tax Return filed and approved by said personal representative, and which is attached hereto and made a part hereof, and marked Exhibit "A"; WHEREAS, the debts and deductions, including the payment of inheritance tax in the said Estate, which have now been paid, leave a balance for distribution of $79,384.96, also as set forth in the statement of said personal representative, which is attached hereto and marked Exhibit "B"; WHEREAS, the balance for distribution as shown in the said statement marked Exhibit "B" has been reduced to cash and has been distributed as herein indicated in accordance with the terms of the Last Will and Testament of the said Decedent; NOW, THEREFORE, Jonathan N. Adams and Denise A. Sanders, being the sole heirs under the Last Will and Testament of the said decedent, and being those persons entitled to inherit under said Last Will and Testament, do hereby acknowledge that they have this day had and received from the aforesaid personal representative, in full satisfaction and payment of all sums of money, legacies, bequests, and devises as are ~ given, devised and bequeathed to them by the said Last Will and Testament, the amounts due them under said Last Will and Testament, which amounts they have received this day or prior to this day; and, they hereby stipulate that in order to avoid the expense and time involved in the filing of a formal account and schedule of distribution, they agree that no account is necessary and they do hereby agree that they do consent to distribution being made without the filing of an account and schedule of distribution, the same to be with the same force and effect as if they had been filed and confirmed by the Orphan's Court Division of the Court of Common Pleas of Cumberland County, Pennsylvania. THEREFORE, Jonathan N. Adams and Denise A. Sanders do hereby remise, release, quitclaim and forever discharge the said personal representative, Jonathan N. Adams, his heirs, executors, administrators and assigned, of and from the said estate and from all actions, suits, payments, accounts, reckonings, claims, and demands whatsoever for or by reason thereof, or for any other use, matter, cause or thing whatsoever, touching upon the Estate of the said decedent, and they do further hereby covenant and agree that should any liability come due to the estate of the said decedent after the signing of this Agreement, they do hereby covenant and agree with aforesaid personal representative, that they will contribute pro-rata their share of the Estate to satisfy any and all claims, demands, suits or causes of action which may be successfully prosecuted against the said Estate or the aforesaid personal representative after the signing, sealing and delivery of this Family Settlement Agreement and Final Release. IN WITNESS WHEREOF, they have hereunto set their hands and seals the day and year noted below. fit 0 r ~t1tu-i~.. Witness ~#JJ~~ J athan N. Adams ~~~ ~J;.- ,Lv-> enise A. Sa ers ~\ I , 7 ate 1x~.cJ.t2k~ Witness BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX OIVISION PO BOX 2B060I HARRISBURG PA 17128-0601 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX REV-1547 EX AFP (06-05) DATE 05-05-2008 ESTATE OF ADAMS DONALD L DATE OF DEATH 12-22-2007 FILE NUMBER 21 08-0001 COUNTY CUMBERLAND ACN 101 APPEAL DATE: 07-04-2008 ( See reverse side under Objections) Amount Remittedl I MAKE CHECK PAYABLE AND REMIT PAYMENT TO: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17013 CUT ALONG THIS LINE --+ RETAIN LOWER PORTION FOR YOUR RECORDS +-- ------------------------------------------------------------------------------------------- REV-1547 EX AFP (03-05) NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX ESTATE OF ADAMS DONALD L FILE NO. 21 08-0001 ACN 101 DATE 05-05-2008 JAMES M ROBINSON ESQ TURD LAW OFFICES 28 SPIn ST CARLISLE PA 17013 TAX RETURN WAS: (X) ACCEPTED AS FILED CHANGED RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN 1. Real Estate (Schedule A) 2. Stocks and Bonds (Schedule B) 3. Closely Held Stock/Partnership Interest (Schedule C) 4. Mortgages/Notes Receivable (Schedule D) 5. Cash/Bank Deposits/Misc. Personal Property (Schedule E) 6. Jointly Owned Property (Schedule F) 7. Transfers (Schedule G) (1) (2) (3) (4) (5) (6) (7) .00 .00 .00 .00 85,378.40 .00 2,400.00 (8) NOTE: To insure proper credit to your account, submit the upper portion of this form with your tax payment. 87,778.40 8. Total Assets APPROVED DEDUCTIONS AND EXEMPTIONS: 9. Funeral Expenses/Adm. Costs/Misc. Expenses (Schedule H) 10. Debts/Mortgage Liabilities/Liens (Schedule I) (9) (0) 4,848.17 II. 12. 13. 14. Total Deductions Net Value of Tax Return Charitable/Governmental Bequests; Non-elected 9113 Trusts (Schedule J) Net Value of Estate SUbject to Tax .00 (1) (2) (3) (4) 4.848 ] 7 82,930.23 .00 82,930.23 NOTE: If an assessment was issued previously, lines 14, 15 and/or 16, 17, 18 and 19 will reflect figures that include the total of ALL returns assessed to date. ASSESSMENT OF TAX: 15. Amount of Line 14 at Spousal rate (5) 16. Amount of Line 14 taxable at Lineal/Class A rate (6) 17. Amount of Line 14 at Sibling rate (7) 18. Amount of Line 14 taxable at Collateral/Class B rate (8) .00 X 00 .00 82,930.23 X 045 = 3,731.86 .00 X 12 .00 .00 X 15 .00 (9)= 3,731.86 19. Principal Tax Due TAX CREDITS: PAYMENT RECEIPT DISCOUNT (+) AMOUNT PAID DATE NUMBER INTEREST/PEN PAID (-) 02-06-2008 CD009261 186.59 3,545.27 ~ EXHIBIT TOTAL TAX CREDIT 3,731.86 ~ A .. BALANCE OF TAX DUE ~ .00 ~ INTEREST AND PEN. .00 l~ TOTAL DUE .00 * IF PAID AFTER DATE INDICATED, SEE REVERSE FOR CALCULATION OF ADDITIONAL INTEREST. ( IF TOTAL DUE IS LESS THAN $1, NO PAYMENT IS REQUIRED. IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CR), YOU MAY BE DUE I ---J 15056041147 REV-1500 EX (06-05) PA Department of Revenue Bureau of Individual Taxes PO BOK280601 Harrisburg, PA 17128-0601 ENTER DECEDENT INFORMATION BELOW Social Security Number Date of Death OFFICIAL USE ONLY County Code Year File Number INHERITANCE TAX RETURN RESIDENT DECEDENT 2 lOB 00001 Date of Birth 200227769 12222007 09091927 Decedent's Last Name Suffix Decedent's First Name MI ADAMS DONALD L (If Applicable) Enter Surviving Spouse's Information Below Spouse's Last Name Suffix Spouse's First Name MI Spouse's Social Security Number THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS FILL IN APPROPRIATE OVALS BELOW ~ 1. Original Return D 2. Supplemental Return D 3. Remainder Return (date of death prior to 12-13-82) D 5. Federal Estate Tax Return Required [] 4. Limited Estate D 4a. Future Interest Compromise (date of death after 12-12-82) D 6 Decedent Died Testate D 7. Decedent Maintained a Living Trust (Attach Copy of Will) (Attach Copy of Trust) 0 9 Litigation Proceeds Received D 10 Spousal Poverty Credit (date of death . between 12-31-91 and 1-1-95) 8. Total Number of Safe Deposit Boxes D 11. Election to tax under Sec. 9113(A) (Attach Sch. 0) l ) CORRESPONDENT - THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMA:rION SHOOCb BE DIRECTED TO: Name Daytime Telep~one Nurp.ti.er -,-- ,'.--., i ~ , JAMES M ROBINSON 71 7 245~~6'B BeG Firm Name (If Applicable) TURO LAW OFFICES REGISTEROFWILLS,.USE ONLY . " First line of address F73 2B SOUTH PITT STREET Second line of address City or Post Office State DATE FILED CARLISLE PA ZIP Code 17013 Correspondent's e-mail address:jrobinson@turolaw.com Under penalties of perjury, 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 mformatlon of which preparer has any knowledge. SIG A URE OF PERS N SP SIBLE. ~FILlNG RETUR.N OAT I . / IJ \ 'i~~ Jonathan N. Adams r 17050 James M Robinson 17013 Side 1 L 15056041147 15056041147 ~ I ---I 15056042148 REV-1500 EX Decedent's Social Security Number Decedent's Name ADAMS, DONALD L 200227769 RECAPITULATION Real Estate (Schedule A).. 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 Property (Schedule E) 5 85,378.40 6. Jointly Owned Property (Schedule F) 0 Separate Billing Requested.. 7 Inter-Vivos Transfers & Miscellaneous Non-Probate Property (Schedule G) 0 Separate Billing Requested. 6 7. 2,400.00 8 87,778.40 -----~---~.~-_._---~~--,_._----_.._-~ 9. 4,848.17 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. 4,848.17 82,930.23 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 B)..................... 14. 82,930.23 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 15. 82,930.23 16. 3,731.86 17. 18. 19. Tax Due................ 19. 3,731.86 20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT. D Side 2 L 15056042148 15056042148 -.--J REV1500 EX Page 3 Decedent's Complete Address: DECEDENTS NAME Adams, Donald L - -- --------~_._- .---- STREET ADDRESS 1700 North Market Street File Number 21 . 08 - 00001 CITY STATE ZIP Camp Hill PA 17011 Tax Payments and Credits: 1. Tax Due (Page 1 Line 19) 2. Credits/Payments A. Spousal Poverty Credit B. Prior Payments C. Discount (1 ) 3,731.86 186.59 3. Interest/Penalty if applicable D. Interest E Penalty Total Credits (A + B + C) (2) 186.59 B. Enter the total of Line 5 + 5A. This is the BALANCE DUE. (3) 0.00 -- (4) (5) 3,545.27 (5A) (5B) 3,545.27 Total Interest/Penalty (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. 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: a. retain the use or income of the property transferred;..... .........................................__... b. retain the right to designate who shall use the property transferred or its income;.__. c. retain a reversionary interest; or...................................... ....__................................__. .__.............. 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 adequate consideration?.. ...... ................... ....... . .. ...... ............ .... .... ....__.... "__'''''. ........... ........ ..__... Yes o D D D D D No o o o o o o 3. Did decedent own an "in trust for" or payable upon death bank account or security at his or her death? 4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which contains a beneficiary designation?.............................................................. .......--..--.............. ....................... 0 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. 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. S9116 (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 orfor the use of the surviving spouse is zero (0) percent [72 P.S. s9116 (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 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. s9116 (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. s9116 1.2) [72 P.S. s9116 (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. !l9116 (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. . ~,- . j~ SCHEDULE E CASH, BANK DEPOSITS, & MISC. PERSONAL PROPERTY COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Adams, Donald L FILE NUMBER - 08 - 00001 Include the proceeds of litigation and the date the proceeds were received by the estate All property jointly-owned with the right of survivorship must be disclosed on schedule F. ITEM NUMBER DESCRIPTION VALUE AT DATE OF DEATH Members 1st Federal Credit Union - AeeL No. 214633 85,37840 TOTAL (Also enter on Line 5, Recapitulation) 85,378.40 COMMONWEAL TH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE G INTER-VIVOS TRANSFERS & MISC. NON-PROBATE PROPERTY ESTATE OF ITEM NUMBER _._..______-.l_n.___ This schedule must be completed and filed if the answer to any of questions 1 through 4 on page 2 is yes. Adams, Donald L DESCRIPTION OF PROPERTY Include the name of the transferee, their relationship to decedent and the date of transfer. Attach a copy of the deed for real estate Franklin Templeton Investments Account DATE OF DEATH VALUE OF ASSET %OF DECO'S INTEREST EXCLUSION , (IF APPLICABLE) TAXABLE VALUE 2.400.00 2,400.00 2,400.00 100% 0.00 TOTAL (Also enter on line 7, Recapitulation) SCHEDULE H FUNERAL EXPENSES & ADMINISTRATIVE COSlS COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Adams, Donald L FILE NUMBER 21 - 08 - 00001 Debts of decedent must be reported on Schedule I. - -_.._-_._-~-._-_._._._--------_._._-- ---------.. ----- ---------..--.---.,--..- -~--------- ITEM NUMBER · FUNERAL EXPENSES: _ _ ___... _ ___._._____..~_.__ _________ _ _______~____.____n__ ._ ... _.______________ A. 1 Auer Memorial Home & Cremation Services, Inc. DESCRIPTION AMOUNT 2 Roupp Funeral Home 3 Doris Mott - Organist at Funeral Service 4 Pastor Dennis Beamer 51st Lutheran Church Kitchen Fund - Food at Post-Funeral Luncheon B. ! ADMINISTRATIVE COSTS: 1. Personal Representative's Commissions Social Security Number(s) I EIN Number of Personal Representative(s): 2 Street Address City Year(s) Commission paid Attorney's Fees Turo Law Offices State Zip 3. Family Exemption: (If decedent's address is not the same as claimant's, attach explanation) Claimant Street Address City Relationship of Claimant to Decedent State Zip 4. Probate Fees Register of Wills Cumberland Law Journal The Sentinel - Legal 5. Accountant's Fees 6. Tax Return Preparer's Fees 7. Other Administrative Costs Denise Sanders - Flowers 1,213.00 823.00 75.00 150.00 200.00 1,755.57 288.00 75.00 166.60 1 02.00 -~------~-_..._---- 4,848.17 TOTAL (Also enter on line 9, Recapitulation) EXHIBIT "B" GROSS ESTATE $ 84,233.13 LIABILITIES A. B. C. D. E. F. G. H. I. J. Auer Memorial Home & Cremation Services Roupp Funeral Home Turo Law Offices Register of Wills Cumberland Law Journal The Sentinel - Legal Denise Sanders (Flowers) Doris Mott - Organist Pastor Dennis Beamer First Lutheran Church Kitchen Fund TOTAL LIABILITIES $ 1,213.00 823.00 1,755.57 288.00 75.00 166.60 102.00 75.00 150.00 200.00 $ 4,848.17 AMOUNT REMAINING TO BE DISTRIBUTED $ 79,384.96 DISTRIBUTIONS: Jonathan N. Adams Denise A. Sanders $ 39,692.48 39,692.48