HomeMy WebLinkAbout03-12-10 (2)J
DECEDENT'S WILL WAS PROBATED IN ORDER TO ALLOW ENTRY INTO A NEW YORK
SAFE DEPOSIT BOX. THERE ARE NO ESTATE ASSETS TO REPORT.
1. qfl q~,f141.1, SA
REV-1500 EX (06-05)
PA Department of Revenue
Bureau of Individual Taxes
PO BOX 280601
Harrisburg, PA 1 7 1 28-0601
OFFICIAL USE ONLY
County Code Year File Number
INHERITANCE TAX RETURN 21 10 0061
RESIDENT DECEDENT
ENTER DECEDENT INFORMATION BELOW
Social Security Number Date of Death Date of Birth
11,9-16-5275 09152009 1225],922
Decedent's Last Name Suffix Decedent's First Name
LUCKMAN STANLEY
(If Applicable) Enter Surviving Spouse's Information Below
Spouse's Last Name Suffix Spouse's First Name
LUCKMAN ROSALYN
Spouse's Social Security Number THIS RETURN MUST BE FILED IN DUPLICATE WITH THE
- - REGISTER OF WILLS
FILL IN APPROPRIATE BOXES BELOW
1. Original Retum
^ 4. Limited Estate
6. Decedent Died Testate
(Attach Copy of Will)
^ 9. Litigation Proceeds Received
^ 2. Supplemental Return
^ 4a. Future Interest Compromise (date of
^ 7. death after 12-12-82)
Decedent Maintained a Living Trust
^ 10. (Attach Copy of Trust)
Spousal Poverty Credit (date of death
between 12-31-91 and 1-1-95)
MI
MI
^ 3. Remainder Retum (date of death
prior to 12-13-82)
^ 5. Federal Estate Tax Return Required
]~ 8. Total Number of Safe Deposit Boxes
(out of State safe deposit box)
^ 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:
Name Daytime Telephone Number
c~ ~ t.:.
STANLEY A• SMITH, ESQUIRE 717-233-5,
Firm Name (If Applicable) ~ "'~ ~i1Y ' '
REGISTER SE O LY
RHOADS 8 SINON LLP `~~``~~''~' `-" `-'~~ `~--.'
..A,: ~ /f''~ .~
,a
First line of address ~ f7 ~ .,O -
ONE S • MARKET SQUARE, PO BOX 1,146 ~~ ~ ~ '
Second line of address~~. ---1 ~. ~ ;
~,..
City or Post Office State ZIP Code ~ DATE FILED
HARRISBURG PA 17108-1146
Correspondent's a-mail address: S S M I T H a'li R H O A D S- S I N O N• C O M
Under penalties of perjury, I declare that 1 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
ADDRESS
C/ORHOA S NON LLP, PO BOX 1146 HARRISBURG, PA 17108-1146
SIGNATUR REP R ER TH ~~EPRESENTATIVE DATE
PLEASE USE ORIGINAL FORM ONLY
15056041158
Side 1
6M4647 3.000
15056041158
~°
J 15056042159
REV-1500 EX
Decedent's Social Security Number
11,9-16-5275
Decedent's Name:L U C K M A N C T A N I F Y
RECAPITULATION
1. Real estate (Schedule A) 1. O • O O
2. Stocks and Bonds (Schedule B) . 2. O • O O
3. Closely Held Corporation, Partnership or Sole-Proprietorship (Schedule C) . 3. O . O O
4. Mortgages & Notes Receivable (Schedule D). 4. O • O O
5. Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E) . 5. O • O O
6.
7. Jointly Owned Property (Schedule F) ~ Separate Billing Requested
Inter-Vivos Transfers & Miscellaneous Non-Probate Property
(Schedule G) ~ Separate Billing Requested 6.
7. O • O O
O • O O
8. Total Gross Assets (total Lines 1-7). 8. O • O O
9. Funeral Expenses & Administrative Costs (Schedule H) . 9. O . O O
10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I). 10. O • OO
11. Total Deductions (total Lines 9 & 10) . 11. O • O O
12. Net Value of Estate (Line 8 minus Line 11) 12. O • O O
13. Charitable and Governmental Bequests/Sec 9113 Trusts for which
an election to tax has not been made (Schedule J) . 13. O • O O
14. Net Value Subject to Tax (Line 12 minus Line 13) 14. O • O ^
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 .off 0.0 0 15. 0.0 ^
16. Amount of Line 14 taxable
at lineal rate X .015 0.0 0 16• 0.O O
17. Amount of Line 14 taxable
at sibling rate X .12 ^ • O O 17• O.O O
18. Amount of Line 14 taxable
at collateral rate X .15 O • ^ O 18• O.O O
19. TAX DUE 19.
20. FILL IN THE BOX IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT
Side 2
15056042159 6M46482.000 15056042159
0.00
J
RED[-1500 EX Page 3
Decedent's Complete Arllrirpcc•
File Number
~ n nnr ~
u u u .a~
DECEDENTS NAME
LUCKMAN STANL Y
STREET ADDRESS
CUMB RLAND
CITY STATE ZIP
CAMP HILL
Tax Payments and Credits:
1. Tax Due (Page 2 Line 19)
2. Credits/Payments
A. Spousal Poverty Credit 0 . 0 0
B. Prior Payments 0 . 0 0
C. Discount 0 . 0 0
3. Interest/Penalty if applicable
D. Interest 0 • 0 0
E. Penalty 0 . 0 0
(1) 0.00
Total Credits (A + B + C) (2) D . D 0
Total Interest/Penafty (D + E) (3) ^ • D D
4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT.
Fill in box on Page 2, Line 20 to request a refund. (4) ^ • D D
5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (5) 0 • 0 0
A. Enter the interest on the tax due. (5A) 0 • 0 D
B. Enter the total of Line 5 + 5A. This is the BALANCE DUE. (56) 0 • 0 0
Make Check Payable to: REGISTER OFWILLS, 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; ^ 0
_
b. retain the right to designate who shall use the property transferred or its income; ^ 0
c. retain a reversionary interest; or .
d ^ 0
. receive the promise for life of either payments, benefits or care? ^ Q
2. If death occurred after December 12, 1982, did decedent transfer property within one year of death
without receiving adequate consideration? .
3
Did d
d
"
" ^
.
ece
ent 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? ^
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 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)j. 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.
fiM4671 1.000
A1"POF2NE~YS *AT LAW
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LAST WILL AND TESTAMENT
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S~',AT~LEY LCJCKMAN
T, STANLEY LUCKMAN, of the Borough of Camp Hill.,
Cumber~.and County, Pennsylvania, being of sound and disposing mind
and memory, do make, publish and declare this to be my Last Will
and Testament, hereby revoking all Wills and Codicils by me at any
time previously made.
1 . TANGZBx..~E PERSON'ALTX . I give and bequeath al l of my
household furniture and furnishings, automobiles, other motor
vehicles, books, pictures, jewelry, china, crystal, appliances, ,
t
silverware, wearing apparel, articles of household or personal use
or adornment, collections and artworks, together with all policies
of insurance thereon, to my wa.f e, RO~SALYN LUCKMAN t "My Spouse") ,
if My Spouse survives rne. Tf My Spouse does not survive me, T
give such articles to my daughter, ELIZABETH HILLER, if she
survives me.
2. UNIFIED CREDIT TRUST. I give., devise and bequeath
to my Trustee hereinafter named, IN TRUST NEVERTHELESS, to be
held, administered and disposed of in accordance with this ITEM
for the benefit of My Spouse and my issue (herein referred to as
the•"Unified Credit Trust") an amount equal to the sum of (i) the
balance of •the dollar amount not taxed in my estate due to the
application to my estate of the unified credit against federal
1
estate tax (the "LTni f ied Credit ") , after deducting therefrom the
Page 1 of 14 pages
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value, for federal estate tax purposes, of (a) assets included in
my federal gross e-state which pass or have passed other than under
the terms of this Will and which will utilize a portion of the
Unified Credit, (b) any bequests under the preceding ITEMS of this
Wi11 which will utilize a portion of the Unified Creda.t and (c)
adjusted taxable gifts not included in my federal .gross estate but
included in the computation of the tentative federal estate tax in
my estate; and (ii} the state death tax credit allowed for federal
estate tax purposes (but only to the extent its use will not
increase any Death Taxes owing by my estate). My Trustee shall
have, hold, manage, invest and reinvest the assets of the Unified
Credit Trust., collect the income and
{a) If My Spouse survives me, beginning at my
~cleath, my Trustee shall pay over the .net income of the
Unified Credit Trust to My Spouse during My Spouse's
lifetime, in installments not less frequently than
quarterly. Tn addition, my Trustee shall pay to My
Spouse such amounts of the principal of such trust a~s,
in the sole discretion of my Trustee, shall be necessary
for the maintenance, support and medical and nursing
care of My Spouse, taking into consideration any -other
means readily available for such purposes.
(b) During the life of My Spouse, My Spouse shall
hatre the right in each calendar year t-o witl~xdraw from
trust principal for any purpose and from time to .time
(i)- the aggregate sum of X5,000 and, in addition
thereto, (ii) at any time after December 1 and prior to
the expiration of the calendar year, an amount equal to
five percent of the value of the trust principal as of
December 1, less the aggregate amount of all prior
withdrawals made by My Spouse during said calendar year.
Any withdrawal rights not exercised by My Spouse in any
calendar year shall lapse.
Page 2 of 14 pages
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(c) Upon the death of the survivor of My Spouse
and me, my Trustee shall divide .the principal and any
undistributed income of the Unified Credit Trust as
f ollowa ;
(i J FI FTX PERCENT ( S 0 %~ of such
remaining assets in the Unified Credit Trust
to my daughter, ELIZABETH HILLER, if she is
living at the death of the survivor of My
Spouse and me; provided, however, that if
Elizabeth has not then attained the age of
.fifty years, her share shall be retained by my
Trustee, IN TRUST NEVERTHELESS, to be held,
administered and disposed of as a separate
trust estate in accordance with ITEM 4 for the
benefit of my daughter, ELIZABETH HILLER (the
"Child' s Trust') . If my daughter, Elizabeth
Hiller, predeceases the survivor of My Spouse
and me, her share .shall be distributed in
accordance with ITEM 2 (C} {ii) of this Will.
(ii} My Trustee shall distribute the
balance of such remaining Trust assets to the
then living issue .of my daughter, Elizabeth
Hiller, per stirpes; provided, however, if any
such beneficiary shall not then have attained
the age of thirty-five years, each such
beneficiary's share shall be retained by my
Trustee, IN TRUST NEVERTHELESS, each to be
held, administered and disposed of as a
separate trust estate in accordance with ITEM
5 for the benefit of each such beneficiary
(the "grandchild's Trust").
(d) If, upon the death of the survivor of My
Spouse and me, I have no issue then living, my Trustee
shall distribute the principal and any accumulated
income of the Unified Credit Trust in accordance with
the provisions of. ITEM 6 of this Will.
3. RESIDUE, I give, devise and bequeath all of the
rest, residue and remainder of my property, real, personal and
mixed, not disposed of in the preceding portions of this Will,
including all property over which I hold a power of appointment
{which powers of appointment I hereby exercise in favor of my
Page 3 of 14 pages
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estate), to My Spouse, if My Spouse survives me. ~f My Spouse
does not survive me, Y give and bequeath said residue to my issue
living at my death, per stirpes; provided, however, that (i) if my
daughter, Elizabeth Hiller, survives me and has not then attained
the age of fifty years, my said .residuary estate shall be retained
by my Trustee, TN TRUST NEVERTHELESS, to be held., administered and
disposed of as a separate trust estate in accordance with ITEM 4
for the benefit of Elizabeth (the "Child's Trust") ; or (ii} if
Elizabeth Hiller does not surva.ve me, and should any of her issue
not then have attained the age of thirty-five years, each such
issue's share shall be retained by my Trustee, IN TRUST
NEVERTHELESS, each to be held, administered and disposed of as a
separate trust estate in accordance with zTEM 5 for the benefit of
each such issue {the "Grandchild's Trust"). Tf My Spouse and all
of my issue predecease me, my said residuary estate .shall be
distributed in accordance with ITEM 6 of this 'Will.
9. CHILD'S TRUST. My Tx'ustee shall have, hold,
manage, invest and reinvest the assets of each Child's Trust,
collect the income and
(a) My Trustee shall pay to my daughter, ELIZABETH
HILLER, the net income derived from the Child's Trust in
installments not less frequently than quarterly and such
amounts of the principal as, in the sole discretion of
my Trustee, shall be necessary for Elizabeth Hitler's
maintenance, support and medical and nursing care,
taking into consideration any other means readily
available for such purposes.
{b) rf at the time of the creation of the Child' e
Trust, Elizabeth Hiller shall have then attained the age
Page 4 of 14 pages
set forth below or if she shall thereafter attain that
age, my Trustee shall distribute out right to .Elizabeth
Hiller the fractional portion of the then remaining
principal of the Child's Trust set forth below:
Aqe Fractional Share
Forty-five years One-half
Fifty years Balance then remaining
(c) If Elizabeth Hiller shall die before final
distribution of the assets of the Trust ie made, the
then remaining principal and :any undistributed income of
the Child's Trust shall be distributed to Elizabeth
Hiller's issue then laving, per stirpes; provided,
however, that if any such issue shall not then have
attained the age of thirty-five years, each .such issue's
share shall be retained by my Trustee as a separate
trust estate, IN 'TRUST NEVERTHELESS, each to be held,
a~drninistered and disposed of in accordance with the
provisions of ITEM 5 for the benefit of each such issue
(the "Grandchild' a Trust") . If T have no ~.ssue living
at the termination of the Child's Trust, all such assets
shall be distributed in accordance with ITEM 6 of this
Will.
5 . GRAI~TDCkTXLD' S TRUST . My Trustee shall have, hold,
manage, invest and reinvest the assets of each Grandchild's Trust,
collect the income and
(a) Until the beneficiary of the Grandchild's
Trust (the "Grandchild") shall have attained the age of
twenty-one years, my Trustee shall from time to time pay
to or for the benefit of the Grandchild such amounts of
the net income and principal of the Grandchi~.d's Trust
as, in the sole discretion of my Trustee, may be
necessary for the Grandchild's maintenance, support,
medical and nursing-care and education, including
college and graduate education, talcing into
consideration any other means readily available for such
purposes. At the end of each year any unexpended income
shall be .added to the principal of the Grandchild's
trust.
(b) After the Grandchild shall have attained the
age of twenty-one years, my Trustee shall thereafter pay
to the Grandchild the net income derived from the
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Page 5 of 14 pages
Grandchild's Txuat in installments not less frequently
than quarterly and such amounts of the principal, as in
the -sole discretion of my trustee, may be necessary for
the Grand•child's maintenance, support, medical .and
nursing care and education, including college and
graduate education, taking -into consideration any other
means readily available for such purposes.
(c) If at the tame of the creation of the
Grandchild's Trust, the Grandchild shall have attained
the age set forth below or if the Grandchild shall
thereafter attain that age, my Trustee shall distribute
outright to the Grandchild the fractional portion of the
t2~en remaining principal of the Grandchild's Trust as
se.t forth below:
Age Fract iona~.__ Share
Twenty--five years One-third
Thirty years One-half
Thirty-five years Balance then remaining
td) If a Grandchild shall die before a final
daatribut ion of the assets of the Grandchild's trust is
made, the then remaining principal and anyundistributed
income of the Grana.child's Trust shall be distributed to
the Grandchild's is-sue then living, per stirpea; or if
a Grandchild shall have no issue then living, said
principal and undistributed income shall be distributed
to my then living issue, per stirpea; provided, however,
that if .any .such beneficiary is then ~a benef i.ciary of a
Child's Trust or a Grandchild's Trust hereunder, the
share of such beneficiary shall be added to the
principal of such Child's Trust or Grandchild's Trust as
it an integral part thereof, to be held, admin~.st~ered
and disposed of in accordance with the terms thereof.
Should T have no issue living at the termination of the
Grandchild's Trust, said principal and undistributed
income shall be distributed in accordance with the
provisions of ITEM 6 of this Will.
6. CONTINGENT DISTRIBUTION. I give, devise and
bequeath any assets to be distributed in accordance with this ITEM
as follows:
Page 6 of 14 pages
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(a) One-third thereof to BIDE-A-WEE HOME
ASSOCSATIOrT, 41'0 East 38th Street, New Yor~t, New York
10116.
(b) The balance thereof to JEWISH NATIONAL FUND,
42 East 69th Street, New York, New Yor)c 10021. '
7 . PERPETUITYES PR~OVTSIOI~TS . Nothing herein i9
intended to, nor shall it be construed to, postpone the vesting of
any part of the assets of any separate trust estate hereunder for '~
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more than twenty-one years after the death of the survivor of me, ~
My Spouse and my is9ue living at the time of my death. At the ~
~~
expiration of such period the assets of all the separate trust
estates hereunder shall immediately vest in fee simple absolute in ;
and be distributed outright to the person or persons then entitled
to receive the income therefrom, whether in my Trustee's
discretion or otherwise.
8. SPENDTHRIFT PROVTSTON, No interest in income or
principal of my estate or any trust created hereunder shall be
subject to attachment, levy or seizure by any creditor, spouse,
assignee or trustee or receiver in bankruptcy of any beneficiary
of my estate or of any trust created hereunder prior to the
beneficiary's actual receipt thereof. My Executor or Trustee
shall pay over the net income and the principal to the
beneficiaries herein designated, as their interests may appear,
without regard to any attempted anticipation (except as may be
specifically provided herein), pledging or assignment by any
beneficiary of my estate or of any trust created hereunder and
Page 7 of ~.4 pages
without regard to any claim thereto o•r attempted levy, attachment,
seizure or other process against said beneficiary.
9. SURVIVAL PRESUMPTIONS. Any person, other than My
.Spouse, who steal], have died at the same time as Z or under ,such
circumstances that it is difficult or impossible to determine who
shall have died first, shall be deemed to have predeceased me. If
My Spouse and I shall have died at the same time or under such
circumstances that it is difficult or impossible to determine who
shall ]cave da.ed first, My Spouse shall be deemed to have survived
rne. Any person other than me who shall have died at the same time
as any then beneficiary of income of my estate or a trust created
hereunder or under such circumstances that it is difficult or
impossible to determine who shah. have died first, shall be deemed
to have predeceased such beneficiary.
10, ~'IDUCIA.Ry POWERS. In the .settlement of my estate
and during the continuance of any trust created hereunder, my
Executor and my Trustee shall possess, among others, the following
powers, exercisable without prior court approval, but in all cases
to be exercised for the best interests of the benefica.aries:
(a) To retain any investments ~ may have at my
death so long as my Executor or Trustee may deem it
advisable to my estate or trust so to do.
fib) To vary investments, when deemed desirable by
my Executor or Trustee, and to invest in such bonds,
stocks, notes, real est-ate mortgages or other securities
or in such other real. or personal property, as my
Executor or Trustee shall deem wise, without being
restricted to so called "legal investments",
Page 8 of 14 pages
(c) Tn order to effect a division of the px-incipal
of my estate or trust or for any other purpose,
including any final .distribution of my estate or trust,
my Executor or Trustee is authorized to make said
divisions or distributions of the personalty and realty
partly or wholly in kind.. If such division or
distribution is made in kind, said assets shall be
divided or distributed at their respective values on the
elate or dates of their division or distribution, In
making any division or distribution in kind, my Executor
or Trustee ahal]. divide or distaribute said assets in a
manner which will fairly allocate any unrealized
appreciation among the benef3.ciaries.
(~d) To sell either at pubii.c or private sale and
upon such terms and conditions as my Executor or Trustee
may deem advantageous to my estate or trust, any or all
rea]. or personal estate or interest therein owned by my
estate or trust severally or in conjunction with other
persons or acquired after my death by my Executor or
Trustee, and to consummate :said sale or sales by
sufficient deeds or other instruments to the purchaser
or purchasers, conveying a fee simple title, free and
clear of all trust and without obligation or liability
of the purchaser or purchasers to see to the application
of the purchase money or to make inquiry into the
validity of said sale or sales; also, to make, execute,
acknowledge and deliver any and all deeds, assignments,
options or other writings which may be necessary or
desirable in Carrying out any of the powers conferred
upon my Executor or Trustee in this paragraph or
elsewhere in this Will.
(e) To mortgage, real estate and to malce leases of
real estate for any term.
(f ) To borrow money from any party, inc].udi.ng my
Executor or Trustee, to pay indebtedness of mine or of
my estate or trust, erper.ses of admin~.stration, Death
Taxes or other taxes.
(g) To pay a~.l, cos.ts, expenses, legally
en`orceable debts, funeral expenses and charges in
connection with the admii~,istration of my estate or
trust.
(h) To vote any shares of stock which form a paxt
of my estate or trust and to otherwise exercise all the
powers incident to the ownership of such stoclc and to
Page 9 of 14 pages
actively manage and operate any incorporated or
unincorporated business, including any joint ventures
and partnerships, and to incorporate any such
unincorporated business, with all the rights and powers
of any owner thereof, '
{i) In the discretion of my Executor or Trustee,
to unite with other owners of similar property in
carrying out any plans for the reorganization of any
corporation or company whose securities form a part of
my estate or trust.
{j) To assign to and hold in my estate or trust an
undivided portion of any asset,
{k) To hold investments ir. the ~~ame of a nominee .
{l) To compromise controversies.
{m) To disclaim, in whole or in part, any and all
interests in property owned by me at the time of my
death, including those passing to me by Wi11, intestacy,
contract, joint ownergha.p, operation of law or
otherwise.
{n) To ernpl.oy and compensate from income or
principal, in the discretion of my Executor or Trustee,
investment and legal counsel., accountants, brokers and
other specialists, and, whenever there shall be no
corporate Executor or Trustee in office, a corporate
Custodian, and to delegate to investment counsel
discretion with respent to the investment and
reinvestment of any or all of the assets held hereunder.
11, EXCL7LPATORY CLAUSES. In the settlement of my
estate:
(a) My Executor shall not be personally liable For
any loss to my estate or to any beneficiary of my estate
res~al~ing from an eiectic:: -made in gt~od faith tc -•~a,.r.; a
deduction as an income tax deduction or as an, estate to};
deduction.
(b) zn valuing property in my gross estate for the
purposes of any Death Tax, my Executor shall not be
personally liable for any loss to my estate or to any
beneficiary of my estate resulting from my Executor's
decision made in good faith to use a particular valua-
tion date.
.Page 10 of 14 pages
12. TAX CL,7~USE. ,A11 inheritance, estate and similar
taxes becoming due by reason of my death, except any taxes
relating to generation ,skipping transfers imposed under Chapter 13
of Subtitle B of the Internal Revenue Code, as amended ~"Death
Taxes"}, whether such Death Taxes shall be payable by my estate or
by any recipient of any property, shall be paid by my Executor out
of the property passing under ITEM 2 of this W~.11 as an expense
and cost of administration of my estate; provided, however, that
if any property held in any testamentary or inter vi.vos trust
created by My Spouse is includable in my estate for purposes of
any .Death Tax, then any Death Tax attributable to the inclusion of
any such property a.n my estate for the purposes of that Death Tax
shall be paid out of such property or by the recipients of such
property; and, if such Death Taxes are nevertheless paid by my
Executor, I direct my Executor to obtain reimbursement or
contribution for any such taxes paid by my Executor. Except to
the extent above provided, my Executor shall have no duty or
obligation to obtain reimbursement for any Death Taxes paid by my
Executor, even though paid with respect to proceeds of insurance
or othex' praper'ty not passing under phis wall.
13 . CliSTODI~IN OF F:.STI~TES . Z £ at any t ime any
inci~.vidual under the age of twenty-one shall be entitled to
receive any assets free of trust by reason of my death, whether
payable hereunder, by operation of law, contract or otherwise, I
appoint my Executor as Custodian for such .individual under the
Page 1l of 14 pages
Penz~sylvania C7niform Transfers to Minors Act .
14. TRUST MERGERS AND TERN,~INATIONS.
(a) If there should be established by My Spouse,
either by Last Wi11 and Testament or by inter vivos Deed
or Agreement, trusts similar to the trusts herein
established for the benefit of my issue, my Trustee
herein shall have the right and power to merge trusts
herein established with similar trusts for the same
beneficiaries estab~.ished by My Spouse and to operate
•each of the merged trusts as a single trust.
(b) If , in the opinion of my Trustee, at any time
any trust hereunder is or becomes too small to just~,fy
its maintenance as a separate trust, my Trustee, in my
Trustee's sole discretion and without the necessity of
court appx-oval, shall terminate such trust by
diatributing•ali the income and principal of the trust
to the then income beneficiary of said trust . If any
additions to any such trust are received after its
termination under this ITEM, such trust shall be revived
and this provision shall continue to apply to it.
75. EXECUTOR APPOINTMENT. I hereby appoint My .Spouse,
ROS,ALYN LUCKMAN, as Executrix oaE this Will. Tf for any reason My
Spouse should fail or cease to act, I appoint my daughter,
ELTZ,~BETH HILLER, as Executrix. Tf for any reason My Spouse and
my daughter should fail. or cease to act, z appoint my sister, ,
LOUZSE LEVTNE, now of Merrick, I~7ew York and my granddaughter,
NATASHA L. I-iOiJDE, as Co-Executors . Ali references in this Will to
my "Executor." shall refer to my oragin.ally named Execu~.or or to my
successor Executor or Co-Executors, as Che case may be.
16 . TRUS`T'EE APPOINTMENT . I hereby appoint Niy Spouse,,
ROSALYN LUCKMA_N, and my daughter, ELIZABETH HILLER, as Co--Trustees
of any trust created hereunder. If My Spouse or daughter shall
for any reason fail or cease to act, My Spouse shall have the
Page 12 of 14 pages
e ~ ~ j . .~
right to designate in writing the successor 'Trustee to act in her
or my daughter's stead. If My Spouse should for any reason fail
or cease to act and. My Spouse does not designate a successor, T.
appoint my granddaughter,, NATASHA L. HOUDE, as Co-Trustee with my
daughter. xf Natasha Houde should ever become sole Trustee, I
appoint my granddaughter, MZR.IAM HOUbE, as Co-Trustee with
.Natasha. My Spouse shall not participate in .any discretionary
determination of the Trustee to distribute principal or income of
the Unified Credit Trust. A11. references in this Wi11 to my
"Trustee" shall refer to my Trustees or'my successor Trustees or
Trustee, as the case may be. So long as a Trustee or the issue of
such Trustee is a beneficiary of any trust hereunder, such Trustee
shall not (i) participate in any discretionary determination of
the Trustee to distribute principal or income of such trust to or
for the benefit of such benef ~.ciary or to his or her issue; or
(ii) participate in any discretionary determination of the Trustee
to terminate said trust under the ITEM hereof entitled "TRY7ST
MERGERS AND TERMTNAT~ONS". Any Trustee serving hereunder shall
have the right to resign £rom such office at arty time, with ox
without cause and without court approval. No successor Trustee
shall be liable for the actions of the resigning Trustee occurring
prior to the successor Trustee taking office. All references in
this Will to my "Trustee" shall refer to my originally named Co-
Trustees or to my sole successor Trustee, as the case may be.
Page 13 of l4 pages
17. WAIVER OF BOND. My Custodian, Executor and Trustee
shall qualify and. serve without the duty o.r obligation of filing
any bond or other security.
IN WITNESS WHEREOF, T have set my hand and seal to this,
my Last Wall -and Testament, consisting of this and the preceding
,•
thirteen (13) pages, this `~, day of ,,~~''~• _~~ ~'~~;• `~s-~•~~ 1995 .
r~ + ...
tanley I~x~c an
We, the undersigned, hereby certify that the foregoing
Will. was signed, sealed, published and declared by the .above-named
Testator as-and „f or his .Last Wall and Testament, in the presence
o~ us, who, at his request and in his presence and in the presence
of each other, have hereunto set our hands and seala•the day and
year above written, and we certify that at the time of the
execution thereof, the said Testator was of sound axed disposing
~.....
Residing at : ~' G ~' ~ +~ ~ ~1,
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Rea 'ding at : ~•~,.. ~~d~~~ ,
R.es iding at : l l ~ ~J
Page 14 of ~.4 pages
v'
' t.c, .~ ~~ ( SEAL )
. ~~ •
COMMONWEALTH OF PENNSYLVANIA )
~, ) SS
We, ,Stanley Luckman`, :~~t„~~~~,~ .~'"~:•-~.....•; .
,~ ,~.~~• ,t'~ and i>x.~.= ..~ the Testator
and the witnesses respectively, who~e n es are igned to the
forego ng instrument, being first duly sworn, hereby deolare to
the undersigned officer that the Testator signed the instrument as
his Last W~.11 and Testament axed that he signed voluntarily and
that each of the witnesses in the presence of the Testator at his
request, and in the presence of each other, signed the Will ae a
witness and that to the beet of the knowledge of each witness the
Testator was at that time eighteen or more years of age, of sound
mind and undex no constraint or un' ^'
On this, the ~ day of ~
before me, a notary public, -he unde
appeared S~an~,ey, Luckman,
~ zne
1111e:21'~';:'-
•i.. :v s:
~~~~1 19 9.5 ,
officer, personally
known • t o . me •
mes:~ •a~e :: .. ~ .• :.
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• • • (SEAL)
NOTARIAL SEAL
YVOI~IN>r >~. L7tJRHAM, NrXary Public
I•i&rrl~bUr,}, nauphin Ccuniy
.~.. ~~,~'Q-n~h~2;Fgil E~~it'I:;S~ 7. 199r