HomeMy WebLinkAbout05-13-08
FAMILY SETTLEMENT AND FINAL RELEASE 0 ~
ESTATE OF DONALD L. ADAMS ..;;0 ~ .-"70
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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
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J athan N. Adams
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enise A. Sa ers
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ate
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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