HomeMy WebLinkAbout08-18-09~~ I- o9-Oy3y
520 Fairway Drive
Camp Hill, PA 17011
July 24, 2009
Commonwealth of Pennsylvania
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Department of Revenue ; .n ~ ~
Bureau of Collections & Taxpayer Services '>,T ,=
P.O.Box281041 ~;,;~ ~ _. ._,
Harrisburg, PA 17128-1041 c ?~j a
Estate: Daisy B. Baird c~:-
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DOD: 04/12/2008 ~
File Number: 21 09-0434
To Whom It May Concern:
Your letter dated July 21, 2009, post-marked July 22, 2009, was received by me today, Friday, July 24,
3009. hi response to the letter dated July 21, 2009, please accept this letter as the explanation as to why the
above listed estate has not yet been settled; accept this as a request to extend any filing requirements; and, a
request to waive any penalties.
Introduction: I am a 53 year old female with two children and loving husband Additionally, I am the
only offspring and sole support/care giver of elderly parents (father 83, mother 80), hold full-time employment
working approximately 9 to 10 hours daily outside the home and have had a wonderful opportunity to know the
decedent, Daisy B. Baird. Aunt Daisy, loving referred to, was always an intricate part of my family. I had been
taking care of her and her needs since 1993. Aunt Daisy became more dependent on me to make medical
appointments and transportation, pay bills, ensure medications were coaect (on a blood thinner which needed
monitoring closely), and help with the upkeep of her home. In her later years, especially 2007-2008, Aunt
Daisy was hospitalized numerous times and as her POA and I was the only person knowledgeable of her
medical background and was always there during admittance and hospital stays.
During the same time period, my parents were experiencing increased health issues. My 80 year old
handicap mother had a total knee replacement two months prior to Aunt Daisy's passing. Both ladies were
hospitalized at the same time, in different hospitals (one in Camp Hill and one in Harrisburg). Therefore, it was
necessary for me to leave one facility to go to another to ensure proper care was received by both.
In October, 2008, my 83 year old father suffered a stroke that has left him with residual sight defects and
restricted activities (driving to church stores, simple things like cutting his food, taking out the trash). I have
picked up on things for them (banking, grocery and pharmacy visits, household chores, medical appointments,
etc.).
Also, my family required attention Our eldest is in college (4 hours away) and, at times, required
transportation (moving to and from college) and other requirements. Our youngest began high school years.
My husband works two jobs neither in the immediate area (fiill-time in Elizabethtown; part-time in Hershey).
His full-time employment requires travel to other parts of the Commonwealth and the part-time hours can go as
late as 1 a.m.
2
The following is the chain of events.
Facts:
1. Daisy B. Baud's health began to severely decline beginning December, 2007, with her passing on April
12, 2008.
2. March, 2008, I met with a local attorney to ensure that her estate was in order because the attorney who
drew her Will passed away in 2006. At that time, we discovered that due to unforeseen circumstances,
the affidavit to her Will was not attached. I was informed that if anything were to happen to her, I
would have to get the individuals who witnessed her Will to attest to her signature while she was still
living.
3. I contacted the only living witness and her bank representative; however, her health took a turn quickly
and she passed away on Apri112, 2008. Please be advised that I was at her side on a daily basis.
4. May, 2008, I met with the attorney again. At that time, he instructed me that since there was no
monetary estate, the Will did not have to go to probate. He stated that I would have to file the Will. I
confirmed this with the Courthouse and they directed me back to the attomey because of the affidavit
matter. Neither txn'tygave ankinformatton on filing dates.
5. I again met the attorney, June, 2008, and requested directions for filing the Will. At this time, I was now
given alternate information that the Will would have to be probated, advertisements, etc. I informed him
that this was contrary to what he informed me at our other meeting. He did not give a reason for the
discrepancy, directed that when the Will was filed, information would have to be advertised.
6. At no time did either that attorney or courthouse representative tell or give me ~ciRc instructions on
time constraints in which to ftle anything
7. July-August-September, 2008, my attention was helping my parents (mother receiving physical therapy,
father had foot surgery and could not drive - I was their sole mode of transportation); prepared and
moved oldest child for college (4 hours away); and, prepared youngest for high school.
8. October, 2008, my father was stricken suddenly by a stroke. I am the only offspring of my parents and
am depended upon to ensure proper medical care. While he was in the Intensive Care Unit, I was with
him constantly due to severity and constant change in his condition.
9. From October-November, 2008, my father was in the hospital, acute rehabilitation center and nursing
home. Once discharged from their care, received home health care due to physical restrictions (vision
was affected by the stroke and now adjusting to new medications). I arranged for home health care and
monitored his care daily while he was in and out of the facilities.
10. December, 2008, -present, 2()09, - am the sole mode of transportation as father cannot drive due to
residual effects on his sight from the stroke and mother does not have license. Personally drives father
to eye specialist in Dillsburg every week-, out-patient occupational therapy at Health South; weekly and
multiple doctor appointments; two cataract surgeries; (recuperation slow, roomy transportation did not
go into another county or easily accessible); appointments to specialist relative to prostate complications
and made up missed hours at own employment.
11. March. 2009 -personal tax pr~ation. Met with tar preparer to file taxes for own family and~arents
Only then was I informed of requirements for inheritance tax issues by tar. preQarer Please note: tax
preparation in 2008 was done prior to her death so am+ information would not have been required
12. April, 2009 -made arrangements and met with a different attorney who gave me specific instructions to
follow.
13. Mav 7. 2009, filed Will with the Registrar o~Wills
14. Was awarded Letters Testamentary.
15. Was riven Instruction booklet and was informed tkat said forme lead fo be reptrned 3 montbs•
l6.
17. Prepared gathered information, costs, received real estate appraisal, etc., to file inheritance return.
18. Appointment is set for Julv 30. 2009, with tax preparer to complete inheritance tax forms and file
immediately. The appointment would have been made for an earlier date, however, the tax preparer is
on vacation.
19. Tax preparer worked as expeditiously as possible, but had family in hospital.
20. Upon receipt of your letter, on Monday, July 27, 2009, I col/ed 783-3000 and spoke with Tom
explaining the circumstances and at tkat tine he informed me tkat he would put a bold on the
account until AuQUSt 24.2009. toJile.
21.On August 6, 2009, I spoke with Vera at 787-8327, who informed me that the extension notation was
not noted because Tom was at a different department and any notations would not be in her system. At
that time I again explained what occurred and Vera approved the extension.
Conclusion: I sincerely apologize for the delay in complying with filing requiremems, but as you can see
from the above information, I was not informed of them until I filed our taxes in 2009. I hope you can see from
the efforts I have made since then, that I have been making a genuine effort to follow the regulations/laws. I
truly was not aware of any deadlines, and, as soon as I became aware of the discrepancy, I sought advice from
competent counsel, arranged for an appraisal of the real estate in question and most importantly had an
appointment with a tax preparer to complete all applicable forms within the timefisme conveyed to me -
August 24, 2009 deadline. I sincerely would have complied with the requiremems had they been afforded me.
Your consideration in this matter is appreciated and, under the circumstance, I respectfully request waiver of
any and all penalties. I appreciate your consideration and can be reached at (717) 903-8456 (cell number) or a
fax can be sent to me at (717) 591-1332 marked confidential.
Sincerely,
~~
ynthia Y. Kostel