HomeMy WebLinkAbout08-13-09
1505607120
REV-1500 EX (06-05) OFFICIAL USE ONLY
PA Department of Revenue
Bureau of Individual Taxes county code veer File Number
Po Box.2aosol INHERITANCE TAX RETURN
Harrisburg, PA 17128-0601 RESIDENT DECEDENT 21 0 8 12 5 8
ENTER DECEDENT INFORMATION BELOW
Social Security Number Date of Death Date of Birth
199 07 1208 11 09 2008 10 30 19151
Decedent's Last Name Suffix Decedent's First Name MI
SMITH DOROTHY S
(If Applicable) Enter Surviving Spouse's Information Below
Spouse's Last Name
SMITH
Spouse's Social Security Number
FILL IN APPROPRIATE OVALS BELOW
X^ 1. Original Retum
4. Limited Estate
g Decedent Died Testate
(Attach Copy of Will)
Suffix Spouse's First Name MI
ROBERT E
THIS RETURN MUST BE FILED IN DUPLICATE WITH THE
REGISTER OF WILLS
2. Supplemental Return
qa Future Interest Compromise
(date of death after 12-12-82)
7 Decedent Maintained a Living Trust
(Attach Copy of Trust)
3, I~emainder Retum (date of death
prior to 12-13-82)
5. Federal Estate Tax Retum Required
0 8. Total Number of Safe Deposit Boxes
9. Litigation Proceeds Received ~ 10. Spousal Poverty Credit (date of death X 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 Daytime Telephone Number
JOHN A. GOLDSTAN, ESQUIRE 610 372 3500
Firm Name (If Applicable)
LEISAWITZ HEELER ABRAMOWITCH PHILLIPS,
First line of address
2755 CENTURY BOULEVARD
Second line of address
City or Post Office State ZIP Code
READING PA 19610
Correspondent's a-mail address:
REGISTER OF VI ILLS USE 01~'
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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, corcect 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
Dale W. Grove ~~ life , ~r•~p~0 f
ADDRESS
71 Majestic Lane, Reading, PA 19608
SIGNATURE OF PREPARER OTHER THAN EPRE NTATIVE
~ )~~.
John A. Goldstan, Esquire D ~~~~+
annRFa.
275YCentury Boulevard, Reading, PA 19610
Side 1
1505607120 1505607120
15D5607220
REV-1500 EX
Decedent's Social Security Number
Decedent's Name: D O [r O t Il ~/ S. Smith 1 9 9 0 7 12 0 8
RECAPITULATION
1. Real Estate (Schedule A) .......................................................................................... 1. 1 2 8, 3 3 3. 0 0
2. Stocks and Bonds (Schedule B) ............................................................................... 2. 12 9, 8 9 8 6 9
3. Closely Held Corporation, Partnership or Sole-Proprietorship (Schedule C).......... 3.
4.
5.
6.
7.
8. Mortgages & Notes Receivable (Schedule D) ..........................................................
Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E) ................
Jointly Owned Property (Schedule F) ~ Separate Billing Requested .............
Inter-Vivos Transfers & Miscellaneous Non-Probate Property
(Schedule G) ~ Separate Billing Requested .............
Total Gross Assets (total Lines 1-7) ....................................................................... 4.
5.
6.
7,
8.
6 9 , 4 9 0 . 4 0
4 8 , 7 7 0 . 4 2
3 7 6, 4 9 2. 5 1
9. Funeral Expenses & Administrative Costs (Schedule H) ......................................... 9. 2 3 x 9 8 7 6 3
10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I) ................................ 10. 1 , 1 8 4 1 0
11. Total Deductions (total Lines 9& 10) ...................................................................... 11. 2 5, 1 7 1 7 3
12• Net Value of Estate (Line 8 minus Line 11) ............................................................. 12, 3 5 1 , 3 2 0 . 7 8
13. Charitable and Governmental Bequests/Sec 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. 3 5 1 , 3 2 0 7 8
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 4 5, 17 0.71 15. 0 0 0
16. Amount of Line 14 taxable
at lineal rate X .045 3 0 6, 15 0 0 7 16. 13 , 7 7 6 7 5
17. Amount of Line 14 taxable
at sibling rate X .12 0. 0 0 17• 0. 0 0
18. Amount of Line 14 taxable
at collateral rate X .15 0. 0 0 18• 0. 0 0
19. Tax Due ..................................................................................................................... 19. 1 3, 7 7 6 7 5
20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT.
Side 2
1505607220 15056D7220 J
REV-1500 EX Page 3
Decedent's Complete Address:
File Number 21-08-1258
DECEDENT'S NAME
Dorothy S. Smith
STREET ADDRESS
484 Lucinda Lane
CITY
Mechanicsburg STATE
PA ZIP
17055
Tax Payments and Credits:
1. Tax Due (Page 1 Line 19)
2. Credits/Payments
A. Spousal Poverty Credit
B. Prior Payments
C. Discount
3. InteresUPenalty if applicable
p, Interest
E. Penalty
0.00
Total Credits (A + B + C)
(1) 13,776.75
Total InteresUPenalty (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.
B. Enter the total of Line 5 + 5A. This is the BALANCE DUE.
(2) 0.00
(3)
(4)
(5) 13,776.75
(5A)
(56) 13,776.75
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 :.................................................................................. ^
b. retain the right to designate who shall use the property transferred or its income :.................................... ^ a
c. retain a reversionary interest; or .................................................................................................................. ^ ^x
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? ...................................................................................................................... ^ ^x
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? ...................................................................................................................... ^x ^
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 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 :end 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-1602 FJt+ (6.98)
SCHEDULE A
REAL ESTATE
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAx RETURN
RESIDENT DECEDENT
ESTATE OF (FILE NUMBER
Smith, Dorothy S. 21-08-1258
All real property owned solely or as a tenant In common must be reported at fair market value. Fair market value is defined as the price at which property would be
exchanged between a willing Duyer antl a willing seller, neither being compelled to buy or sell, both having reasonable knowledge of the relevant facts.
Real property which Is Jolntlyowned wkh right of aurvlvorehlp must be disclosed on schedule F.
(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 A (Rev. 6-98)
Rev-1603 EX+ (8-98)
SCHEDULE B
STOCKS & BONDS
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF FILE NUMBER
Smith, Dorothy S. 21-08-1258
Ail property Jointly~owned wkh right oT survlvonhip must be disclosed on Schedule F.
ITEM
NUMBER CUSIP
NUMBER
DESCRIPTION
UNIT VALUE VALUE AT DATE
OF DEATH
1 500 shares of ABN Amro Cap Fd Tr V -Merrill Lynch 12.50 6,250.00
Brokerage Acct. #872-56886
2 500 shares of ABN Amro Cap. Fund Tr VII -Merrill 12.45 6,225.00
Lynch Brokerage Acct. #872-56886
3 500 shares of Aegon NV Pfd -Merrill Lynch Brokerage 10.3015 5,150.75
Acct. #872-56886
4 500 shares of BNY Capital V -Merrill Lynch Brokerage 21.0975 10,548.75
Acct. #872-56886
5 400 shares of Deutsche Bank Cap Fndg -Merrill Lynch 15.7525 6,301.00
Brokerage Acct. #872-56886
6 200 shares of Enbridge Energy Partners -Merrill 33.46 6,692.00
Lynch Brokerage Acct. #872-56886
7 400 shares of Federal National Mtg. Assoc -Merrill 2.6075 1,043.00
Lynch Brokerage Acct. #872-56886
8 500 shares of Financial Sec Assur Hld Senior Note Pfd 5.445 2,722.50
5.6% -Merrill Lynch Brokerage Acct. #872-56886
9 300 shares of First Industrial Realty -Merrill Lynch 11.82 3,546.00
Brokerage Acct. #872-56886
10 300 shares of Ford Motor Credit -Merrill Lynch 8.(1075 2,402.25
Brokerage Acct. #872-56886
11 400 shares of General Electric Capital -Merrill Lynch 21.4625 8,585.00
Brokerage Acct. #872-56886
Totai of Continuation Schedule See attached page
TOTAL (Also enter on Line 2, Recapitulation) 129,898.69
(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 B (Rev. 6-98)
Rev1b03 EX+ (6.88)
SCHEDULE B
STOCKS & BONDS
continued
COMMONWEALTH OF PENNSYLVANIA
INHERRANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF FILE NUMBER
Smith, Dorothy S. 21-08-1258
ITEM
NUMBER CUSIP
NUMBER
DESCRIPTION
UNIT VALUE VALUE AT DATE
OF DEATH
12 500 shares of ING Group NV -Merrill Lynch Brokerage 12.7575 6,378.75
Acct. #872-56886
13 400 shares of Morgan Stanley Cap Tr IV -Merrill Lynch 14.775 5,910.00
Brokerage Acct. #872-56886
14 700 shares of Natl Rural Utility CFC Int Note -Merrill 17.8092 12,466.44
Lynch Brokerage Acct. #872-56886
15 500 shares of PPL Capital Funding Inc. Senior Note 23.6575 11,828.75
6.85% -Merrill Lynch Brokerage Acct. #872-56886
16 300 shares of PPLUS Series LMG Ser LD Class A Trust 9.6025 2,880.75
Cer Due 211!2030 -Merrill Lynch Brokerage Acct.
#872-56886
17 500 shares of PPLUS Tr Cert Class A Series GSG-2 14.6275 7,313.75
5.750% Feb 15, 2033 -Merrill Lynch Brokerage Acct.
#872-56886
18 1,000 shares of Renaissancere Hidgs Ltd -Merrill 14.4275 14,427.50
Lynch Brokerage Acct. #872-56886
19 400 shares of Royal Bk Scotland Group -Merrill Lynch 10.0475 4,019.00
Brokerage Acct. #872-56886
20 500 shares of SLM Corp. -Merrill Lynch Brokerage 10.415 5,207.50
Acct. #872-56886
TOTAL (Also enter on Line 2, Recapitulation) 129,898.69
Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule B (Rev. 6-98)
Rev-1b08 E%+ (6.98)
SCHEDULE E
CASH, BANK DEPOSITS, 8~ MISC.
PERSONAL PROPERTY
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN -
RESIDENT DECEDENT
ESTATE OF FILE NUMBER
Smith, Dorothy S. 21-08-1258
InGude the proceeds of litigation and the tlate the proceeds were received by the estate.
All property joinhyowned with the right of survivorahlp must be disclosed on achedul•e F.
ITEM
NUMBER
DESCRIPTION VALUE AT DATE
OF DEATH
1 Cash -Merrill Lynch Brokerage Acct. #872-56886 186.06
2 Deposits clearing after death Citizens Bank Checking Acct. #6400051280 1,236.05
3 Citizens Bank Checking Acct. #6400051280 55,294.29
4 Merrill Lynch Bank Deposit -Merrill Lynch Brokerage Acct. #872-56886 7,564.00
5 2000 Chrysler automobile -Proceeds from sale 5,200.00
6 Chase -Credit card refund 10.00
TOTAL (Also enter on Line 5, Recapitulation) I 69,490.40
(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-1810 EX+ (6-98)
SCHEDULE G
INTER-VIVOS TRANSFERS &
MISC. NON-PROBATE PROPERTY
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF FILE NUMBER
Smith, Dorothy S. 21-08-1258
This schedule must be completed and filetl 'rf the answer to any of questions 1 through 4 on the reverse side of the REV-1500 COVER SHEET is yes.
ITEM
NUMBER I
INCLUDE NAME OF TRANSFEREE, THEIR RELATIONSHIP TO DECEDENT AND
THE DATE OF TRANSFER. ATTACH A COPY OF THE DEED FOR REAL ESTATE. DATE OF DEATH
VALUE OF ASSET %OF DE=CD'S
INTEREST EXCLUSION
(IF APPLICABLE) TAXABLE
VALUE
1 AIG Sun America Annuity Contract 32,502.03 32,502.03
#P0497541590 -Beneficiaries -113 -son, Dale
Grove; 113 -son, Keith Grove; 116 -grandson -
Jon Grove; 116 granddaughter -Daphne Grove
Bartlett
2 Hartford Annuity Contract #310108734 - 16.268.39 16,268.39
Beneficiaries -1/3 • son, Dale Grove; 113 -son,
Keith Grove; 1/6 -grandson -Jon Grove; 1/6
granddaughter -Daphne Grove Bartlett
P
TOTAL (Also enter on Line 7, Recapitulation) 48,770.42
(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 G (Rev. 6-98)
REV-1161 EX+ (12.89)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE H
FUNERAL EXPENSES &
ADMINISTRATIVE COSTS
ESTATE OF FILE NUMBER
Smith, Dorothy S. 21-08-1258
Debts of decedent must be reported on Schedule I.
ITEM DESCRIPTION AMOUNT
NUMBER
A. FUNERAL EXPENSES:
See continuation schedule(s) attached
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 Leisawitz Heller Abramowitch Phillips, P.C.
3. Family Exemption: (If decedent's address is not the same as claimant's, attach explanation)
Claimant Robert E. Smith
Street Address 484 Lucinda Lane
city Mechanicsburg state PA zip 17055
Relationship of Claimant to Decedent SpOUSe
9,737.09
10,000.00
3,500.00
4. Probate Fees 124.00
5. Accountant's Fees
6. Tax Return Preparer's Fees
7. Other Administrative Costs 626.54
See continuation schedule(s) attached
TOTAL (Also enter on line 9, Recapitulation) 23,987.63
Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule H (Rev. 6-98)
.SCHEDULE H
FUNERAL EXPENSES AND ADMINISTRATIVE CCISTS
continued
ESTATE OF (FILE NUMBER
Smith, Dorothy S. 21-08-1258
ITEM
NUMBER DESCRIPTION AMOUNT
Funeral Expenses
1 Cocklin Funeral Home -Funeral 5,729.75
2 Range End Country Club, Inc. -Funeral luncheon 4,007.34
H-.A subtotal 9,737.09
Other Administrative Costs
3 Cumberland Law Journal -Estate notice advertising
4 Leisawitz Heller -Notary reimbursement
5 Leisawitz Heller -Notary and postage
6 Robert E. Smith -Reimbursement for appraisal fee
7 The Sentinel -Estate notice advertising
75.00
10.00
26.00
325.00
190.54
H-67 Subtotal 626.54
Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule H (Rev. 6-98)
Rev-1512 FJ(+ (6-98(
SCHEDULE 1
DEBTS OF DECEDENT,
MORTGAGE LIABILITIES, & LIENS
COMMONWEALTH OF PENNSYLVANIA
INHERRANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF (FILE NUMBER
Smith, Dorothy S. 21-08-1258
Include unrelmbursed medical expenses.
(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 I (Rev. 6-98)
REV-151 EX+ (9-00)
SCHEDULE J
COMMONWEALTH OF PENNSYLVANIA BENEFICIARIES
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF FILE NUMBER
Smith, Dorothy S. 21-08-12 58
NAME AND ADDRESS OF RELATIONSHIP TO SHARE OF ESTATE AMOUNT OF ESTATE
NUMBER PERSON(S) RECEIVING PROPERTY DECEDENT ~Nords) ($$$)
Do Not Llat Trustee a
I~ TAXABLE DISTRIBUTIONS [include outright spousal
distributions, and transfers
under Sec. 9116(a)(1.2)]
1 Dorothy S. Smith Credit Shelter Trust u/w Credit Shelter 100% of
dated 9/1/1999 Trust residuary
Robert E. Smith, Co-Trustee estate
484 Lucinda Lane
Total
Enter dollar amounts for distributions shown above on lines 1 5 through 18, as appropr iate, on F2ev 1500 cove r 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 II -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)
REV-1647 EX+ (8-0O)
SCHEDULE M
COMMONWEALTH OF PENNSYLVANIA FUTURE INTEREST COMPROMISE
INHERITANCE TAX RETURN (Check Box 4a on Rev-1500 Cover Sheet)
RESIDENT DECEDENT
ESTATE OF FILE NUMBER
Smith, Dorothy S. 21-08-1258
This schedule is appropriate only for Estates of decedents dying after December 12, 1982.
This schedule is to be used for all future interests where the rate of tax which will be applicable when the future interest vests in
possession and enjoyment cannot be established with certainty.
Indicate below the type of instrument which created the future interest and attach a copy to the tax return
®Will ®Trust ^ Other
1. Beneficiaries
NAME OF BENEFICIARY RELATIONSHIP DATE OF BIRTH At~Tn
NEARESTBRTFDAY
1. Robert E. Smith Surviving Spouse 12/12/1919 89
2. Dale W. Grove Son 10/22/1947 61
3. Keith E. Grove Son 04/08/1950 59
4. Patricia Grove Daughter-in-Law 04/14/1942 67
5. Jon A. Grove and Daphne Grove Bartlett Grandchildren 10/2811969 39
II. For decedents dying on or after July 1, 1994, if a surviving spouse exercised or intends to exercise a right of withdrawal within 9
months of the decedent's death, check the appropriate block and attach a copy of the document in which the surviving spouse
exercises such withdrawal right.
^ Unlimited right of withdrawal ^ Limited right of withdrawal
Explanation of Compromise Offer:
The allocation of the trust's assets between the interest of the spouse and the remainder beneficiaries
was determined using the IRC Section 7520 interest rate of 3.6% in effect during the month of the
decedent's death. The surviving spouse has adequate assets outside the trust to meet his foreseeable
needs. Therefore, no discretionary principal distributions to the surviving spouse from the trust were
assumed. A copy of the calculation using Brentmark's Factuary Software is attached.
IV.
Summary of Compromise Offer:
1. Amount of Future Irterest:
2. Value of Line 1 exempt from tax as amount passing to charities, etc.
(also include as part of total shown on Line 13 of Cover Sheet)
3. Value of Line 1 passing to spouse at appropriate tax rate
Check One ^ 6% ^ 3% ®0%
(also include as part of total shown on Line 15 of Cover Sheet)
4. Value of Line 1 taxable at lineal rate
^ 6% ®4.5%
(also include as part of total shown on Line 16 of Cover Sheet)
5. Value of Line 1 taxable at sibling rate (12%)
(also include as part of total shown on Line 17 of Cover Sheet)
6. Value of Line 1 taxable at collateral rate (15%)
(also include as part of total shown on Line 18 of Cover Sheet)
7. Total value of Future Interest (sum of Lines 2 thru 6 must equal Line 1)
302,550.00
45,170.71
:!57,379.29
302,550.00
Copyright (c) 2002 form software only The Lackner Group, Inc.
Form PA-1500 Schedule M (Rev. 6-98)
Rev-1161 EX (1-97) (1)
SCHEDULE O
COMMDNwEALTH DF PENNSYLVANIA. ELECTION UNDER SEC. 9113(A)
INHERITANCE TAX RETURN SPOUSAL DISTRIBUTIONS
RESIDENT DECEDENT
ESTATE OF FILE NUMBER
Smith, Dorothy S. 21-08-1258
Do not complete this schedule unless the estate is making the election to tax assets under Section 9113,(A) of the Inheritance & Estate Tax Act.
If the election applies to more than one trust or similar arrangement, a separate form must be filed for each trust.
This election applies to the Dorothy S. Smith Credit Shelter Trust (marital, residual A, B, By-pass, Unified Credit, etc.).
If a trust or similar arrangement meets the requirements of Section 9t 13(A), and:
a, The trust or similar arrangement is listed on Schedule O, and
b. The value of the trust or similar arrangement is entered in whole or in part as an asset on Schedule O,
then the transferor's personal representative may specifically identify the trust (all or a fractional portion or percentage) to be included in the election to have such trust
or similar property treated as a taxable transfer in this estate. If less than the entire value of the trust or similar property is included as a taxable transfer on Schedule 0, the
personal representative shall be considered to have made the election only as to a fraction of the trust or similar arrangement. T'he numerator of this fraction is equal to
the amount of the trust or similar arrangement included as a taxable asset on Schedule 0. The denominator is equal to the total value of the trust or similar arrangement.
Part A: Enter the description and value of all interests, both taxable and non-taxable, regardless of location, which pass to the decedent's
surviving spouse under a Section 9113 (A) trust or similar arrangement.
DESCRIPTION
See continuation schedule(s) attached VALUE
Part A Total 302,550.00
Part B: Enter the description and value of all interests included in Part A for which the Section 9113 (A) election to tax is be g made.
DESCRIPTION U~-
Part BTotal
(It more space is needed, insert additional sheets of the same size)
Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule O (Rev. 6-98)
SCHEDULE O
ELECTION UNDER SEC. 9113(A)
(SPOUSAL DISTRIBUTIONS)
continued
ESTATE OF (FILE NUMBER
Smith, Dorothy S. 21-08-1258
y Dorothy S. Smith Credit Shelter
ITEM
NUMBER DESCRIPTION AMOUNT
9113A Trust
1 Dorothy S. Smith Credit Shelter Trust u/w dated 911/1999 302,550.00
01-A subtotal 302,550.00
Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule O (Rev. 6-98)
:_ _ ,. -,~
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l^~~ .:'i ~ ~ryT
OF _'7 Dr+
DOROTHY S. SMITH
I, DOROTHI' S. SMITH, of the County of York, and
Commonwealth of Pennsylvania, being of sound and disposing mind and
memory, mindful of the uncertainty of life, make, publish and
declare this my Last Will and Testament, revoking hereby a.ny and
all former Wills made by me at any time heretofore.
I.
I order and direct my hereinafter named Executors to pay
all my just debts and funeral expenses as soon as practicable after
my death.
II.
I give all my tangible personal property, not including
any property used in a trade or business or any property held
primarily for investment purposes, together with all my rights, with
respect to all insurance relating to this property, (i) as may be
provided in a separate memorandum, dated and signed by me, making
specific reference to this will, or (iij if and t:o tie ex~.ent tie
property is not effectively disposed of pursuant to the preceding
clause, to my husband, ROBERT E. SMITH, of York County,
Pennsylvania, if my husband, ROBERT E. SMITH, survives me, or, if
my husband, ROBERT E. SMITH, does not survive me, to my children
and grandchildren who survive me, to be divided a~:nong them as they
may agree, or, if and to the extent they cannot agree, by each of
them selecting an item or items of equal value in turn, with the
order of selection to be determined by lot, so that the division
among them will be as nearly equal in value as pos;~ible. All costs
of insuring, packaging, shipping, and delivering this property
shall be paid by my executors as a general administration expense
of my estate.
III.
I direct that all the residue of my estate, of whatever
nature and wherever located, includi::g any property described in
but not effectively disposed of by preceding provisions of this
will, shall be disposed of as follows:
If my husband, ROBERT E. SMITH, survivE~s me, I give my
residuary estate to my trustees, to be held in trust.
During the life of my husband, ROBEF:T E. SMITH, my
trustees shall pay or apply the net income ofd this trust at
quarterly or other convenient intervals but at lea:~t annually to or
for the benefit of my husband, ROBERT E. SMITH. T_n addition, my
trustees may at any time or from time to time pay to or apply for
the benefit of my husband such amount or amounts from the principal
of the trust, as my trustees may in their sole discretion deem
necessary, after taking into account other resources of my husband,
for the health, support and maintenance of my husband, provided
that no amount shall be paid to or applied for the benefit of my
husband from the principal of the trust until the :principal of any
trust held under the preceding article has been e:~thausted.
Upon the death of my husband, ROBERT E. SMITH, my
2
trustees shall distribute all property then belonging to the income
and principal of the trust of my residuary heirs or their surviving
issue in the following shares per stirpes:
A. One-third (1/3) to my son, DALE W. GROVE, of Berks
County, Pennsylvania.
B. One-third (1/3) to my son, KEITH E. GROVE, of the
Commonwealth of Massachusetts.
C. One-third (1/3) to be divided in three equal shares
among my daughter-in-law, PATRICIA GROVE, of Exeter Township; Berks
County, Pennsylvania, my grandson, JON A. GROVE, of the
Commonwealth of Virginia, and my granddaughter, DAPHNE A. BARTLETT,
of Pennsylvania;
In the event that JON A. GROVE or DAPHPdE A. BARTLETT
shall predecease me, then and in that event the respective share of
that predeceased grandchild shall pass to his or her issue per
stirpes and, failing issue, shall pass to the survivor of JON A.
GROVE and DAPHNE A. BARTLETT. In the event that my daughter-in-law,
PATRICIA GROVE, shall predecease me, then and in that event her
share shall pass to JON A. GROVE and DAPHNE A. BARTLETT or their
surviving issue in equal shares.
If my husband, ROBERT E. SLiITH, does r..ot st:~~i~~e me, I
give my residuary estate to my residuary heirs as stated in the
immediately preceding paragraph.
If at any time any property belonging to my estate or any
trust under this will is not effectively disposed of pursuant to
the preceding provisions of this will, I direct ghat the property
3
shall be distributed to those persons who would then be entitled to
inherit from me in accordance with the intestate succession laws of
Pennsylvania then in .effect as if I had then died intestate owning
the property and domiciled in the Commonwealth of.' Pennsylvania.
IV.
I direct that all legacies and all sharE~s and interests
in my estate, whether principal or income, while in the hands of my
Executors, or Trustees, shall not be subject to attachment,
execution or sequestration, for any debt, contras:t, eblig alien or
liability of any legatee or beneficiary, and shall not be subject
to pledge, assignment, conveyance, or anticipation; and the
personal receipt by such legatee or beneficiary shall be the
sufficient and only discharge of my Executors or Trustees.
V.
In the event that there be any person or persons
participating in the distribution of my estate who is suffering any
incompetency or incapacity or minority, I order and direct hereby
that any income or principal which, under the provisions hereof,
may become payable to an incompetent or incapacitated or minor
beneficiary, either legally or physically, shall, during such
incompetency or incapacity or minority be held and expended by my
Trustees, without necessity of bond and without intervention of a
guardian, to such extent and in such manner as said Trustees shall
deem best and necessary for the maintenance, education, support and
welfare of such incompetent or incapacitated or minor beneficiary.
4
VI.
I hereby authorize and empower my Executors, hereinafter
named, in addition to and not in limitation of any authority given
them by law, to exercise any or all of the following powers:
A. To settle, compromise and adjust a:ny and all claims
in favor of or against my estate.
B. To pay all inheritance, estate,, succession and
legacy taxes to which my estate, or the transfer of any property
hereunder, may be subject and to charge such taxes. as a part of the
expenses of administration.
C. To sell all or any part of my rea]_ estate, at
private or public sale, for such prices and upon such terms as to
cash and credit as he may deem best, and to execute deeds of
conveyance thereof, without liability on the part of the purchasers
to see to the application of the purchase moneys. This power shall
not be construed to work a conversion of my real estate unless and
until the power is actually exercised.
D. To make distribution in kind.
E. To exercise all powers, authorities, and discretions
given by this Will after the termination of alzy trust created
herein until the same is actually distributed.
F. Should the share of a minor or incompetent, in the
sole opinion of my Executors or Trustees, as the case may be, be or
become too small to warrant continuing such fund, in Trust, or
should its administration be or become impractical for any other
reason, my Executors may pay such share absolutely to the person
5
maintaining the minor or incompetent or may deposit such share in
a savings account in the minor's or incompetent's name payable to
the minor or incompetent at majority.
VII.
I nominate, constitute and appoint my husband, ROBERT E.
SMITH, and ALLFIRST BANE, to serve as Trustees of <~ny trust created
under this will.
Any trustee may resign at any time arld without court
approval. Any resignation shall be accomplished by a signed
instrument.
Any corporate trustee may be removed at any time and
without cause by my husband. Any removal shall bE~ accomplished by
a signed instrument.
Upon the resignation or removal of any corporate trustee,
a successor corporate trustee shall be appointec~ by my husband.
The successor trustee may be any qualified financial institution
that would not be treated as related or subordinate to my husband
for grantor trust income tax purposes. Any appointment shall be
made and accepted by a signed instrument.
My husband shall not have authority to participate in
making any determination as to whether or how a:ny discreticnary
power shall be exercised if the exercise or failurE~ to exercise the
power or the manner in which the power is exerciseci may directly or
indirectly benefit my husband. Any determinatiol~ of this nature
shall be made solely by my corporate trustee.
No trustee shall be required to give a bond or other
6
security in any jurisdiction.
VIII
I nominate, constitute and appoint my sons, DALE W. GROVE, and
KEITH E. GROVE, or the survivor of them, to be Executors of this my
Last Will and Testament. My Executors shall not be required to
enter bond or furnish sureties in any jurisdici~ion in which my
estate may be administered.
IX
I direct that JOHN A. GOLDSTAN, ESQUIRE? be consulted in
the administration and distribution of my estate„
IN WITNESS WHEREOF, I, Dorothy S. Smith, have hereunto
set my hand and seal to this my Last Will and Testament, this
~- ~ day o f ~ , ~ ~ ~ 1Lr%'-- ,
A. D. , :L999 .
_ ~.m, f ~ ~~. %1-~~,z-~.~1`~- _ (SEAL)
Signed, sealed., published and declared by the above named
Testatrix, Dorothy S. Smith, as and for her Last Will and
Testament, in the presence of us, who, at her request, in her
presence, and in the presence of each other, have subscribed our
names as witnesses.
~~ ~' _
~ ,
G ~
'~/~
7
ACRNOT4LEDGMENT AND AFFIDP~VIT
State of Pennsylvania
. ss.
County of Berks
;,
On this, the 1 ~ ~ day of _.~i -~~`'-•'~-.' ?`~ °-1999, before me, the
undersigned officer, personally appeared John A. Goldstan, Esquire,
known to me (or satisfactorily proven) to be a member of the bar of
the highest court of said state and a subscribing witness to the
within instrument, and certified that he was pE=_rsonally present
when Dorothy S. Smith, whose name is subscribE_d to the within
instrument, executed the same and that said person, Dorothy S.
Smith, acknowledged that he executed the same for the purposes
therein contained.
In witness whereof, I hereunto set my hand and official seal.
Life Estate and Remainder Factors
8/6/2009
Dorothy Smith Estate CST tax calculation
Transfer Date: 11/2008
§7520 Rate: 3.60%
Calculation Type: One Life
Principal: $302,550
Age: 89
Life Estate Remainder
Factor: 0.14930 0.85070
Value: $45,170.71 $257,379.29
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