HomeMy WebLinkAbout08-25-08 (2)~I ~
15056041147
~ REV-1500
EX (Ot3-05) OFFICIAL USE ONLY -:i
PA Department of Revenue County Code Year File Number
Bureau of Individual Taxes INHERITANCE TAX RETURN
PO 60X.280601 21 0 8 0 2 12
Harrisburg, PA 17128-0601 RESIDENT DECEDENT
ENTER DECEDENT INFORMATION BELOW
Social Security Number Date of Death Date of Birth
02072008 12231921
Decedent's Last Name Suffix Decedent's First Name MI
FRITZ LOIS M
(If Applicable) Enter Surviving Spouse's Information Below
Spouse's Last Name Suffix Spouse's First Name MI
FRITZ RICHARD M
Spouse's Social Security Number
THIS RETURN MUST BE FILED IN DUPLICATE WITH THE
REGISTER OF WILLS
FILL IN APPROPRIATE OVALS BELOW
® 1. Original Retum ^ 2. Supplemental Return ^ 3. Remainder Return (date of death
prior to 12-13-82)
^ 4. Limited Estate ^ qa. Future Interest Compromise
(date of death after 12-12-82) ^ 5. Federal Estate Tax Return Required
® Decadent Died Testate
6. (Attach Copy of Will)
® ~ Decedent Maintained a Living Trust
(Attach Copy of Trust) 0 8. Total Number of Safe Deposit Boxes
^ 9. Litigation Proceeds Received ^ 10~ be~nveeniz-3lrty9Cardit,d; lge5)f death ^ 11.Election to tax under Sec. 9113(A)
(Attach Sch. O)
CORRESPONDENT -THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO:
1Jame Daytime Telephone Number
RICHARD E. CONNELL ESQ. 7172328731
Firm Name (If Applicable)
BALL, MURREN & CONNELL
First line of address
2303 MARKET STREET
Second line of address
City or Post Office
CAMP HILL
State ZIP Code
PA 17011
Correspondent's a-mail address: C o n n e l l@ b m C- I a W. n e t
REGISTER ¢F WILLS U~ ONLY _.
~'~
_ _I '',~
_; I
_ ,
-; ,
DATE FILED± ~.
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 information of which preparer has any knowledge.
SIGNATURE OF PERSON RESPONSIBLE FOR FILING RETURN DATE
~~,~~~~_ _ ~ ~~k~,~ Kathryn L. Bogdan ~--'~\- ~g
ADDRESS 1, v r,
15 t James C' chanicsburg, PA 17055
IGNATURE OF PRE R T N REPR TIVE DATE
c ,~ ~ Richard E. Connell Esq. ~.- ~ / -- 61~
ADDRESS ~" \J
2303 Market Street, Camp Hill, PA 17011
Side 1
15056041147 15056041147 ~ ~
~`~
REV-1500 EX
oeceaent~s Name: F R I TZ, L O I S M.
Decedent's Social Security Number
RECAPITULATION
1. Real Estate (Schedule A) .......................................................................................... 1.
2. Stocks and Bonds (Schedule B) ............................................................................... 2. 2 8 0, 4 0 6. 5 8
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. 4 6 9 , 8 3 2 6 0
6. Jointly Owned Property (Schedule F) ^ Separate Billing Requested ............. 6.
7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property
(Schedule G) ^ Separate Billing Requested ............. 7,
8. Total Gross Assets (total Lines 1-7) ....................................................................... 8. 7 5 0 , 2 3 9.18
9. Funeral Expenses & Administrative Costs (Schedule H) ......................................... 9. 1 8 , 2 9 7 . 5 5
10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I) ................................ 10. 2 , 5 51.9 5
11. Total Deductions (total Lines 9 & 10) ...................................................................... 11. 2 0 , 8 4 9 . 5 0
12. Net Value of Estate (Line 8 minus Line 11) ............................................................. 12. 7 2 9 , 3 8 9 . 6 8
13. Charitable and Governmental Bequests/Sec 9113 Trusts for which
an election to tax has not been made (Schedule J) ................................................. 13. 3 6 4 , 6 9 4 . 8 4
14. Net Value Subject to Tax (Line 12 minus Line 13) ................................................. 14. 3 6 4 , 6 9 4 . 8 4
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 .00 15.
16. Amount of Line 14 taxable
at lineal rate X .045 3 6 4, 6 9 4 8 4
16.
16 , 411.2 7
17. Amount of Line 14 taxable
at sibling rate X .12 17.
18. Amount of Line 14 taxable
at collateral rate X .15 18.
19. Tax Due ..................................................................................................................... 19. 16 , 411.2 7
20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT.
15056042148
Side 2
15056042148 15056042148
REV-1500 EX Page 3 File Number 21 - 08 - 021 2
Decedent's Complete Address:
Fritz, Lois M.
STREET ADDRESS
1526 Saint James Circle
CITY STATE ZIP
Mechanicsburg PA 17055
Tax Payments and Credits:
1. Tax Due (Page 1 Line 19) (1) 16,411.27
2. Credits/Payments
A. Spousal Poverty Credit
B. Prior Payments 16,815.00
C. Discount 820.56
Total Credits (A + B + C) (2) 17 , 6 3 5.5 6
3. InteresUPenalty if applicable -
p. Interest
E. Penalty
Total InteresUPenalty (D + E) (3) 0.00
4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT. (4) 1 , 2 24.29
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. (5)
A. Enter the interest on the tax due. (5A)
B. Enter the total of Line 5 + 5A. This is the BALANCE DUE. (5B) Q , Q Q
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 :.................................................................................. ~] ~x
b. retain the right to designate who shall use the property transferred or its income :.................................... ~] ~x
c. retain a reversionary interest; or .................................................................................................................. ^
d. receive the promise for life of either payments, benefits or care? .............................................................. ~] ~x
2. If death occurred after December 12, 1982, did decedent transfer property within one year of death without
receiving adequate consideration? .......................................................................................................................
3. Did decedent own an "in trust for" or payable upon death bank account or security at his or her death?......... ~] ~x
4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which
contains a beneficiary designation? ...................................................................................................................... L]
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 exemat 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.
SCHEDULE B
COMMONWEALTH OF PENNSYLVANIA STOCKS & BONDS
INHERITANCE TAX RETURN
RESIDENT DECEDENT
FILE NUMBER
ESTATE OF Fritz, LOIS M.
21 -08-0212
All property jointly-owned with right of survivorship must be disclosed on Schedule F.
ITEM
NUMBER DESCRIPTION UNIT VALUE VALUE AT DATE OF
DEATH
1 BONDS 94.80 18,960.00
General Electric Cap Corp 5.125%
(9-15-191nternotes)
(200 notes)
2 Nuveen Quality Pfd Income Fund 12.58 3,160.25
(251.212 shares)
3 Nuveen Quality Pfd Income Fd 2 12.89 5,255.65
(407.731 shares)
4 Nuveen North Carolina Div. Advantage Mutual Fund 14.52 24,330.18
(1,675.632 units)
5 Nuveen Dividend Advantage Municipal Fund 3 14.74 5,584.15
(378.843 units)
6 Nuveen North Carolina Divid Advantage Mun. Fund 2 13.68 9,997.36
(730.801 units)
7 Muni Fd Accumulation Program Inc. 10.00 110.00
(11 units)
8 STOCKS 31.35 32,968.10
Enterprise Prods. Partners, L. P.
(1,051.614 units)
9 FPL Group Inc. 63.71 40,009.88
(628 shares)
TOTAL (Also enter on line 2, Recapitulation) ~ 280,406.58
SCHEDULE B
STOCKS & BONDS
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
continued
RESIDENT DECEDENT
FILE NUMBER
ESTATE OF Fritz, LOIS M.
21 -08-0212
All property jointly-owned with right of survivorship must be disclosed on Schedule F.
ITEM
NUMBER DESCRIPTION UNIT VALUE VALUE AT DATE OI
DEATH
10 FPL Group Inc. 63.71 26,878.99
(421.896 shares)
11 General Electric 34.23 14,783.77
(431.895 shares)
12 Inergy L.P. 28.81 5,842.98
(202.811 shares)
13 Intel Corp. 20.05 2,140.78
(106.772 shares)
14 Johnson & Johnson 62.81 13,301.40
(211.772 shares)
15 Marketwest Energy Partners L. P. 32.05 26,262.47
(819.4219 shares)
16 Pfizer Inc. 22.67 7,155.24
(315.626 shares)
17 Plains All American Pipeline L. P. 49.79 23,550.66
(472.9998 shares)
18 Teppco Partners L. P. 37.76 9,440.00
(250 shares)
19 Time Warner Inc. 15.54 3,108.00
(200 shares)
Page 2 of Schedule B
COMMONWEALTH OF PENNSYLVANIA
INHERRANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE B
STOCKS & BONDS
continued
FILE NUMBER
ESTATE OF Fritz, LOIS M. 21 - 08 - 0212
All property jointly-owned with right of survivorship must be disclosed on Schedule F.
ITEM DESCRIPTION UNIT VALUE 'VALUE AT DATE OF
NUMBER DEATH
20 U.S. Bancorp 32.62 ~ 7,566.72
(231.9657 shares)
Page 3 of Schedule B
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
FILE NUMBER
ESTATE OF Fritz, Lois M. 21 - 08 - 0212
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 DESCRIPTION VALUE AT DATE OI
NUMBER DEATH
1 Euro Pacific Growth FD (Class A) Mutual Fund 8,004.22
176.382 Units @ $45.38
2 Euro Pacific Growth FD (Class A) Mutual Fund 10,448.10
230.236 units @ $45.38
3 Franklin Income Fund (Class A) Mutual Fund 17,756.67
7159.959 units @ $2.48
4 Income Fd. of America Inc. (Class A) Mutual Fund 14,088.31
773.658 units @ 18.21
5 Income Fd. of America Inc. (Class A) Mutual Fund 95,592.57
5249.456 units @ $18.21
6 Certificate -First Bank 15,915.60
West End, NC
#900447947
7 Certificate -First Bank 8,033.73
West End, NC
#900445103
8 Checking Account Number 43040322 176,593.65
9 Commerce Bank 4,868.54
Checking -Account Number 537217606
10 Commerce Bank 7,927.36
CD -Number 801173
SCHEDULE E
CASH, BANK DEPOSITS, & MISC.
PERSONAL PROPERTY
TOTAL (Also enter on Line 5, Recapitulation) I 469,832.60
SCHEDULE E
CASH, BANK DEPOSITS, & MISC.
COMMONWEALTH OF PENNSYLVANIA PERSONAL PROPERTY
INHERITANCE TAX RETURN
RESIDENT DECEDENT continued
FILE NUMBER
ESTATE OF FfltZ, Lois M. 21 - 08 - 0212
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 DESCRIPTION ; VALUE AT DATE OF
NUMBER DEATH
11 Certificate of Deposit -Republic Bank ', 97,617.89
12 Centennial Tax Exempt 12,073.59
13 Cash in AG Edwards -Account Number 2839-5683-1399 912.37
Page 2 of Schedule E
CONWIONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE H
wF~'U~NA'Ew,RA~L DCPOVSES &
/'11.JIYU1~ 1 IW~
FILE NUMBER
ESTATE OF Fritz, Lois M. 21 - 08 - 0212
Debts of decedent must be reported on Schedule I.
ITEM
NUMBER FUNERAL EXPENSES: DESCRIPTION AMOUNT
A. 1 Malpezzi Funeral Home 1,772.03
B. ADMINISTRATIVE COSTS:
1. Personal Representative's Commissions
Social Security Number(s) / EIN Number of Personal Representative(s):
Street Address
City State Zip
Year(s) Commission paid
2. Attorney's Fees Ball, Murren and Connell (through 6/30/08) 8,760.00
3. Family Exemption: (If decedent's address is not the same as claimant's, attach explanation)
Claimant Richard M. Fritz 3,500.00
Street Address 1526 Saint James Circle
city Mechanicsburg state PA zip 17055
Relationship of Claimant to Decedent SpOUSe
4. Probate Fees Register of Wills Office -Filing Fee 160.00
5. Accountant's Fees
6. Tax Return Preparer's Fees
7. Other Administrative Costs
1 Executrix expenses (postage, mileage, etc.) 91.00
TOTAL (Also enter on line 9, Recapitulation) 18,297.55
Schedule H
Funeral Expenses &
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN Aldrninisfiativle Costs continued
RESIDENT DECEDENT
ESTATE OF Fritz, Lois M. FILE NUMBER ~~
21 -08-0212
2 Reserve for additional attorney fees 2,000.00
3 Reserve for accounting and tax preparation fees 1,500.00
4 Cumberland Law Journal -publication of notice 75.00
5 Sentinel -publication of notice 142.66
6 Ball, Murren & Connetl (payment for costs advanced through June 30, 2008) 296.86
Page 2 of Schedule H
SCHEDULEI
DEBTS OF DECEDENT, MORTGAGE
COMMONWEALTH OF PENNSYLVANIA LIABILITIES & LIENS
INHERITANCE TAX RETURN 1
RESIDENT DECEDENT
FILE NUMBER
ESTATE OF Fritz, LOTS M. 21 - 08 - 0212
Include unreimbursed medical expenses.
ITEM DESCRIPTION AMOUNT
NUMBER
1 Bethany Village (extra charges -incontinence care) 528.70
2 Millenium Pharmacy 171.05
3 Bethany Village (daily charge) 1,127.20
4 Boyer & Ritter (tax preparation for 2007 taxes) 725.00
TOTAL (Also enter on Line 10, Recapitulation) ~ 2,551.95
REV-1513 EX+ (9-0O)
SCHEDULE J
COMMONWEALTH OF PENNSYLVANIA BENEFICIARIES
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF FILE NUMBER
Fritz, Lois M.
21 -08-0212
RELATIONSHIP TO SHARE OF ESTATE AMOUNT OF ESTATE
NUMBER NAME AND ADDRESS OF PERSON(S) DECEDENT ~ (Words) ($$$)
I RECEIVING PROPERTY _ Do Not ust Trustee(s) ~_
I.
{ TAXABLE DISTRIBUTIONS[include outright spousal
distributions, and transfers
under Sec. 9116 (a) (1.2))
1 Lisa M. Fritz Granddaughter 1/24
218 Nausauket Road 1
Warwick, RI 02886 (IN TRUST)
2 Adam N. Fritz Grandson 1/24
218 Nausauket Road
Warwick, RI 02886 (INTRUST)
3 Joshua D. Fritz Grandson 1/24
6705 Deerview Terrace
Durham, NC 27712
Enter dollar amounts for distributions shown above on lines 1 5 through 18, as appropriate, on Rev 1500 cover sheet
II. NON-TAXABLE DISTRIBUTIONS:
A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS
NOT BEING MADE
1 Transfer of one-half the net estate into trust for benefit of surviving spouse, Richard 364,694.84
M. Fritz, under Paragraph IV. A.2 of Lois M. Fritz Trust, dated September 12, 2003.
B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS
TOTAL OF PART II -ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET 364,694.84
REV-1673 EX+ (9-0U)
SCHEDULE J
COMMONWEALTH OF PENNSYLVANIA BENEFICIARIES continued
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
Fritz, Lois M. FILE NUMBER
21 -08-0212
RELATIONSHIP TO SHARE OF ESTATE AMOUNT OF ESTATE
NUMBER I NAME AND ADDRESS OF PERSON(S) DECEDENT (Words) ($$$)
RECEIVING PROPERTY Do Not Llst Trustee(s)
I~ (
~ TAXABLE DISTRIBUTIONS [include outright spousal
distributions, and transfers
under Sec. 9116 (a) (1.2)]
4 Maryanne M. Busch Daughter 1/8
1380 Ivanhoe Road
~
i Ludington, MI 49434
5 Richard A. Fritz Son 1/8
P.O. Box 1391
Petersburg, AK 99833
6 Kathryn I. Bogdan Daughter 1/8
1526 Saint James Circle
Mechanicsburg, PA 17055
i
Page 2 of Schedule J
FritRimdv
STATE C}F NORTH CAROLINA
COUNTY OF Ivi00RE
LOIS M. FRITZ
WILL
I, LOIS M. FRITZ, of Moore County, North Carolina, do make, publish, and declare this to be
my last will and I hereby revoke all wills and codicils heretofore made by me. As of the date of this
will, i declare that i am married, that my spouse's name is RICHARD M. FRITZ; and that we have four
(4} children: KATHRYN L. BOGDAN, MARYANNE M. BUSCH, RICHARD A. FRITZ and DAVID
J. FRI'TZ.
ARTICLE I
Payment of Fa~penses and Debts. All my debts, health care expenses, funeral expenses and the
administration expenses of my estate shall be paid out of my residuary estate.
ARTICLE II
P~vment of Dgath Taxes. Atl death taxes shall be paid out of that portion of my residuary estate
for which no marital or charitable deduction is allowed in the federal estate tax proceeding relating to
my estate as an administration expense and shad not be charged against or recovered from arty recipient
or beneficiary of the property taxed.
ARTICLE IIi
B_gquest of T,~~le Person ropgrty. I gave my personal effects, autamobr7es and all of my
other tangt~le personal property to my spouse, RICHARD M. FRITZ, if living at my death, br if my
spouse predeceases me, in shares of equal value to my children surviving me. However, it is my
precatory wish that certain items be redistributed in accordance with any handwritten instructions I may
leave.
The costs of safeguarding, insuring, packing, storing and delivering my tangible personal
property to any beneficiary under this Article shall be paid from my estate ~s expenses of administration.
ARTICLE IV
Sale of Residence, Spouse Not Surviy,~n-0. If my spouse does not survive me, T direct my
Personal Representative to sell any residence owned by me at the time of my death and add the net
proceeds of such sale to my residuary estate. My Personal Representative snail have the absolute
,authority to determine what real and personal property may constitute my residence as used in the
preceding sentence and atl parties, including arty third party purchaser, may rely thereon. My Personat
(1~ ~',/
Representative shalt have a reasonable time in which to accomplish the sate. I give and devise such
residence to my Personal Representative for this purpose. My Personal Representative is also
authorized to sell said residence to any beneficiary hereunder, including a beneficiary serving as
Personal Representative.
ARTICLE V
esidu . I give my residuary estate, being ail the rest, residue and remainder of properly which I
may own at the time of my death, but without exercising any power of appointment over property which
I may have, to the Trustee acting under that declaration of trust previously executed by me on February
3, 1995 and restated on the ~_ day of 2003, to be added to and disposed of as part
of the trusts created under the provisions of that trust instrument, including any amendments to it in
effect at the time of my death.
ARTICLE VI
Personal Represen~tive. I hereby appoint my daughter, KATHRYN L. BOGDAN, as Personal
Representative, to serve without bond. Tf she should predecease me, fail to qualify or cease to serve, I
appoint rtry son, RICHARD A_ FRITZ, as Personal Representative, to serve without bond.
My Personal Representative shall have full authority to demand such amounts from the Tnastee
of the trust referenced above as my Personal Representative deems advisable for the payment in whole
or in part of my bequests and devises, debts, adtninistrationond funeral expenses provsded for in tltis
will, and the estate, inheritance and similar taxes payable by reason of my death, subject, however, to
any limitations set forth in said Trust Agreement.
T also authorize my Personal Representative to designate in writing such person or persons to act
as Personas Representative in ~y other state in which it shall be necessary to probate this writ; and to
pay administration expenses in connection with arryy real or tangr'ble personal property not situated in
North Carolina at the time of my death which are payable under the laws pf the jurisdiction(s) where
such property is situated.
ARTICLE VII
.Powers. Powers enumerated in North Carolina. General Statutes §32-27 are hereby incorporated
by reference and granted to my Personal Representative, subject to the restrictions of North Carolina
General Statutes §32-26.
My Personal Representative shall have the power to make divisions or distributions in money or
in kind or partly in each, pro rata or non-pro rata, whenever required or permitted to divide or distn'bute
alt or part of my estate; in dividing or distributing any asset of my estate that is income in respect of a
decedent, my Personal Representative may take into account the income tax liability associated with the
asset, both to minimize the income tax on my estate and the beneficiary and to consider the after-tax
--- ~°rr~
amount received by my beneficiary', and; in making any such divisions or distributions, the judgment of
my Personal Representative in the selection and valuation of the assets to be divided or distributed shalt
be binding and conclusive.
IN WI'I'NE55 WI~'REOF, I, LOIS M. FRTTZ, the test$ti i~ si$rt illy tianie to this tr~struntent this
~~ day of _ ~ 2003, and being first duly swoon, do hereby declare to the undersigned
authority that I sign and execute ties in~rument as my last will and that I sign it willing{y, that I execute it
as my free and volurnary act for the purposes therein expressed, and that T am eighteen Year's of age or older,
of sound mind, and under no constraint or undue influence.
m ~ ts~-)
LOIS M.
We, ~~/~ L~l~f9 and ,~.~7'f~ ~~~~ ,the witnesses,
sign ottr -names to tlris ir>strument, being first duly sworn, a~ do~ hereby declare to the undersigned
authority that the testatrix signs and exeartss ttris instrument as her last will and that she signs it willingly,
and that each of us, in the pmsence and of the testatrix, hereby signs this will as witness to the
testatri~s signing, and to the best of our knowledge the testatrix is eighteen years of age or older, of sound
mind, stud undex no constrairn or undue infiuenc:e.
~~
Witness
Moore County, North Carolina
Moore County, North Carolina
Witness
STATE OF NORTH CAROLINA
COUNTY QF MOORS
Subscribed, sworn to and acknowledged before me
subscribed and sworn to before me by f,~~,~ ~~
~~7~1 ~,.~._~~f1~?i1''A~5 , wit~sses, ttus
My •o i, on a '~
LOIS M. FRITL, the
of
and
2003.
~~~ F~V
~ ~OZ~ Ric'
~. _. ~
.CAS ~q
•.~.t~" A
FritLomdv
STATE OF NORTH CAROLINA
COUNTY OF MOORE
LOIS M. FRITZ
FIRST AMENDMENT AND
COMPLETE RESTATEMENT OF TRUST
On February 3, 1995, I, LOIS M. FRITZ, signed a trust instrument with myself as Trustee.
Article II provides that I may from time to time amend or revoke the trust instrument in whole or in part
by signed instruments delivered to the Trustee during my life.
I hereby amend the trust instrument in its entirety by substituting the following for Articles I
through XI thereof.
I. Trust Name. This instrument, and the initial trust hereby evidenced, as from time to time
amended, may be designated as set out in this Article or a similar caption:
LOIS M. FRITZ TRUST
LOTS M. FRITZ, TRUSTEE
U/A DTD February 3, 1995 and Co pletely
Restated ~~i+~11'1fj,~Q /2 2003.
II. Reservation of Rights. I shall have the right from time to time hereafter tq add to the
trust estate hereby created, by will or otherwise, other property acceptable to the Trustee. I reserve the
right to alter, amend or revoke this agreement in whole or in part at such time as I may see fit py written
instrument delivered to the Trustee (or, if I am serving as the initial Trustee, by written instrument filed
with the trust records).
III. Payments During Grantor's Life. I, as Trustee, shall receive, hold, manage and invest any
and all property received hereunder and shall pay to or for my benefit during my lifetime such amounts
of income and principal as I may from time to time request and such additional amounts of income and
principal as I or a successor Trustee may, in the case of my incapacity or resignation, from time to time
deem necessary or advisable for my comfort, maintenance, support and pleasures. Any income not so
paid shall be accumulated and annually or more often, if convenient, added to principal and invested.
IV. Trust Continuation After ~ii'antor's Death -- Spouse Surviving. Upon my death, if my
spouse survives me, the Trustee shall set aside and hold as a separate trust referred to as the "Family
Trust" a pecuniary sum equal to the largest amount, if any, that can pass under this paragraph free of
federal estate tax in the federal estate tax proceeding relating to my estate by reason of {i) the unified
credit and (ii) the state death tax credit to the extent that use of the state death tax credit does not require
an increase in state death taxes paid which are computed by reference to the state death tax credit. In
[1]
determining the largest amount that can pass free of federal estate tax the Trustee shall take account of
(i) the value of property passing to beneficiaries in any manner other than pursuant to this paragraph
which is includible in my gross estate but which does not qualify for the marital or charitable deduction
in computing my federal estate tax, and (ii) aII charges to principal that are not allowed as deductions in
computing such tax. In making the computations to determine any amount hereunder, the final
determination of values for Federal estate tax purposes shall control.
The Trustee shall distribute the remaining portion of the trust, if any, to my spouse.
A. The LOIS M. FRITZ FAMILY TRUST shall be administered as follows:
1. One-half (1/2) of the trust shall be apportioned into four (~4) equal shares so that one share
is apportioned for each of my four children. The shares apportioned for KATHRYN L. BOGDAN,
MARYANNE M. BUSCH and RICHARD A FRITZ shall be distributed outright to them, or if any of
them is then deceased, such deceased child's share shall be distributed to such child's issue, ~r slimes.
The share apportioned for DAVID J. FRITZ shall be distributed to his children then living, in equal
shares.
2. One-half (112) of the trust shall be held in trust, and during the lifetime of my spouse, the
net income derived from the trust estate shall be paid over to my spouse, RICHARD M. FRITZ, or
applied for his benefit in monthly or quarterly installments. The Trustee may at any time pay to or for
the benefit of my spouse so much of the principal, whether the whole or in a lesser amount, as the
Trustee may in his discretion determine to be necessary for my spouse's health, support in reasonable
comfort, or maintenance. Should this power in the Trustee to make distributions of principal to himself
as beneficiary need to be exercised, then, in that event, my alternatively named fiduciary shall become
Co-Trustee at that time and alone exercise discretion as to principal invasion.
Upon my spouse's death, the trust estate shall be distributed to such appointees among my
children and their issue as my spouse may appoint by his last will by specific reference to this power.
This power may not be exercised in favor of my spouse, my spouse's estate, my spouse's creditors, or the
creditors of my spouse's estate. To the extent this limited power of appointment is not effectively
exercised, any unappointed property shall be administered and distributed as follows:
(a) One-fourth (1/4) to my daughter, KATHRYN L. BOGDAN, if she is then living, or to her
issue, Qer stir es, if she is then deceased.
(b) pne-fourth (1/4} to my daughter, MARYANNE M. BUSCH, if she is then living, or to
her issue, der sti s, if she is then deceased.
(c) One-fourth (1/4) to my son, RICHARD A. FRITZ, if he is then living, or to his issue, der
sti s, if he is then deceased:
(d) One-fourth (1/4) to be administered in trust for the benefit of DAVID J. FRITZ and his
children as follows:
(i) one-half (1/2) outright to the children of DAVID I. FRITZ, in equal shares.
[2]
(ii) one-half (1/2) outright to my son, DAVID J. FRITZ; however, if DAVID is not
located by the Trustee within one year after the trust is distributable then this half shall then be
distributed to DAVID's children then living, in equal shares.
V. mouse Not Surviving. Upon my death if my spouse does not survive me, the trust shall
be distributed as set forth in subparagraph 2(a) through 2(d) of Article IV above.
VI. Trust for~Benefici~rv Under Age Twenty-Five. If in accordance with the foregoing
provisions of this trust agreement a share of trust property is given outright to a beneficiary who has not
reached the age of twenty-five (25), such share shall vest in such beneficiary, but shall not be distributed
to such beneficiary, but, instead, the Trustee shall be authorized to hold such share in trust for the benefit
of the beneficiary as follows:
1. Until the beneficiary reaches the age of twenty-five (25) or sooner dies, the Trustee may
distribute all or any portion of the net income and principal of the trust to the beneficiary in such
amounts and at such times as the Trustee, in its discretion,-may determine to be necessary or advisable
for such beneficiary's comfort, maintenance, education and general welfare.
2. When the beneficiary reaches the age of twenty-five (25), the Trustee shall distribute the
then remaining principal and undistributed income to the beneficiary. If the beneficiary dies before
reaching such age, then upon the death of the beneficiary, the Trustee shall distribute the then remaining
principal and undistributed income to the estate of the beneficiary.
Notwithstanding the foregoing, the Trustee may distribute a beneficiary's share under this Article
to a custodian the Trustee appoints under the North Carolina Uniform Transfers to Minors Act, or such
similar uniform act of the beneficiary's jurisdiction.
VII. Powers of Trustee. I grant to the Trustee- the continuing, absolute, discretionary power to
deal with any property, real or personal, held in any trust, as freely as I might in the handling of my own
affairs. Such power may be exercised independently without prior or subsequent approval of any
judicial authority, and no person dealing with the Trustee shall be required to inquire into the propriety
of any of its actions. The Trustee is authorized to appoint agents (including attorneys-in-fact) and
delegate its discretionary authority to such agents.
Without in any way limiting the generality of the foregoing, the powers enumerated in North
Carolina General Statutes §32-27 are hereby incorporated by reference and granted to the Trustee,
subject to the restrictions of General Statutes §32-26.
In addition, the Trustee shall have the power to permit any person having any interest in the
income of any trust created hereunder to occupy any real property forming part of such trust upon such
terms as the Trustee shall deem proper, whether rent free, or in consideration of the payment of taxes,
insurance, maintenance and ordinary repairs, or otherwise.
[3]
VIII. Payment of Bequests, Taxes and Expenses. If my Personal Representative shall request
sums for the payment in whole or in part of my bequests and devises, debts, administration and funeral
expenses, estate, inheritance and similar taxes the Trustee shall pay to the Personal Representative any
and ail such sums.
IX. Successor Trustees. Upon my death, resignation, or incapacity as initial Trustee, my
daughter, KATHRYN L. BOGDAN, shall serve as successor Trustee. Should she fail to become
successor Trustee for any reason or cease to act in that capacity, my son, RICHARD A. FRITZ, shall
serve in her stead. Any Trustee acting hereunder may nominate a successor Trustee.
A successor Trustee shall have no duties under this agreement until said successor Trustee shalt
have actual knowledge or have received notice of the death, resignation or incapacity of the predecessor
Trustee.
X. ~ccounting_s. The Trustee shall not be required to file with any court any inventory or
periodic accounting with respect to any trust created herein.
XI. Governing L~~. This trust is created under, it is governed by and it is to be construed
and administered according to the laws of the State of North Carolina; provided, however, that if the
situs of this trust shall change to another jurisdiction, the laws of the new situs of the trust shall
thereafter govern the construction and administration of this trust.
IN WITNESS WHEREOF, I have duly executed this Amendment and Complete Restatement of
Trust on this ,/~? day of 2003, and attached my seal hereto.
STATE OF NORTH CAROLINA
COUNTY OF MOORS
~ (SEAL)
LOIS M. TZ
(Grantor & Initial Trustee)
I, ~~ G ~ !'ffl/f Notary Public of the County and State aforesaid, certify that
LOIS M. FRITZ, as Grantor and initial Trustee, personally appeared before me this day and acknowl-
edged the execution of the foregoing instrument. Witness my hand and offici p or seal, this ~ ~~
day of ,~,~,~,,Fj,Y1~~,Q, , 2003. /
My commission expires: ~ ,y ~ D• W~
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