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HomeMy WebLinkAbout05-04-10 (2)J 150560711~?0 REV-1500 EX (06-05) PA Department of Revenue OFFICIAL USE ONLY County Code Year Bureau of Individual Taxes PO 60X.280601 INHERITANCE TAB; RETURN Harrisburg, PA 17128-0601 -~ y RESIDENT DECEDENT ~'.1 10 File Number 0081 ENTER DECEDENT INFORMATION BELOW Social Security Number Date of Death 408 03 3234 12 16 2009 Decedent's Last Name POTTS (If Applicable) Enter Surviving Spouse's Information Below Spouse's Last Name Spouse's Social Security Number Date of Birth 12 15 1913 Suffix Dec;edent's First Nalre MI l!~AXINE C Suffix Spouse's First NamE~ MI THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS FILL IN APPROPRIATE OVALS BELOW ~X_' 1. Original Return ^ 2. Supplemental Return ^ 3. Remainder Return (date of death prior to 12-13-82) 4. Limited Estate ^ qa, Future Interest Compromise ^ 5. Federal Estate Ta:K Return Required (date of death after 12-12-82) C g Decedent Died Testate (Attach Copy of Will) ^ ~ Decedent Maintained a Living Trust (Attach Copy of Trust) 0 B. Total Number of Safe Deposit Boxes 'ir 9. Litigation Proceeds Received ^ S ousal Povert Credit 10. P ~ y (date of death ^ 11. Election to tax under Sec. 9113 A between 1:_-3191 and 1-1-95) ( ) (Attach Sch. O) ~vrcrccarurvutly I - I FiIJ Stc; I IUN MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL 1'AX INFORMATION SHOULD BE DIRECTED TO: Name Daytime Telephone Number CAROL J. LINDSAY ESQ. 717 243 6222 Firm Name (If Applicable) SAIDIS, FLOWER & LINDSAY First line of address 26 WEST HIGH STREET Second line of address City or Post Office State ZIP' Code CARLISLE PA 17013 Correspondent's a-mail address: _ . ,„ REGISTER O S USE @NLY Z7 I,,..,. ~. m ~ ~C~~ ~" ; ~-~ ice, ~ I - ~ l DA~ FILED :: .,,,_ h ~"~ Y_r .,; r..-_~ under p of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of Iry knowledge and belief, it is t ,correct nd complete. Degia>'at~on of preparer other than the personal reDresentativP is has:ari nn all infnrmn+inn of ~eih irl, n~ennrnr ti.,........ I, .......I...J__ . f ILIIYV RC I URIV DATE (~- I Timothy W. Potts ~{• ;Z~. /~ ADDRESS 18 Har-John rive, Carli~#e, PA 17015 SIGNAT{JR~ OF PREPARER OTHER THAN ~E~SENTATIVE gyp/ DAT i; ~. t ~~ ~ J .~ ~ ~- Carol J. Lindsay Esq. ~" ~ f ~~C ADDRESS ~ , 26 West High Street, Carlisle, PA 17013 Side 1 1,~. 15056071120 15 05607112.0 J ;~ l~'~ ` ~ ~f _.~ PA Inheritance Tax. Return Signature of Additional Fiduciaries ESTATE OF FILE NUMBER Potts, Maxine C. 21-10-00811 Under penalties of perjury, l declare that I have examined this return, inclu ' accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct and complete. faclaration of ptep rer other than the persona! representative is based on all information of which preparer has any knowledge. n ~. Signature #2 ~ ~' ~ ~ ` / Name Geor a W. Potts Jr. Address1 9893 Church Mill Drive Address2 City, State, Zip Upper Marlboro, MD 20772 Date 150560721i?0 REV-1500 EX Decedent's Social Security Number Decedent's Name: MaXI ne C. Potts 4 0 8 0 3 3~ 2 3 4 REC APITULATION 1. Real Estate (Schedule A) ....................................................................................... 1. 2. Stocks and Bonds (Schedule B) ............................................................................ 2. 51 , 4 97.18 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. 1 , 04 9.32 6. Jointly Owned Property (Schedule F) ^ Separate Billing Requested............ 6. 47 , 056.52 7. Inter-Vivos Transfers 8~ Miscellaneous How-Probate Property (Schedule G) ^ Separate Billing Requested............ 7. 52 , 92 7 . 0 0 8. Total Gross Assets (total Lines 1-7) ..................................................................... 8. 15Z , 530.02 9. Funeral Expenses & Administrative Costs (Schedule H) ....................................... 9. 8 , 43 6.52 10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I) .............................. 10. 5 8 4 . 5 7 11. Total Deductions (total Lines 9 ~ 10) ................................................................... 11 9 , 02]..0 9 12. Net Value of Estate (Line 8 minus Line 11) .......................................................... 12. 14 3 , 5 0 8.93 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. 14 3 , 5 0 8.93 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. O . 00 16. Amount of Line 14 taxable at lineal rate X .045 143 , 508.93 16. 6 , 457.90 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. 6, 4 5 7. 9 0 20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT. ^ Side 2 15056072120 ],50560721i~0 REV-1500 EX Page 3 Decedent's Complete Address: File Number 21-10-OOEI1 DECEDENT'S NAME Maxine C. Potts STREET ADDRESS - ---- 18 Har~lohn Drive CITY Carlisle STA-fE PA ^ ZIP 17015 Tax Payments and Credits: 1. Tax Due (Page 1 Line 19) 2. Credits/Payments A. Spousal Poverty Credit B. Prior Payments C. Discount 3 Interest/Penalty if applicable p. Interest E. Penalty 5,800.00 305.26 Total Credits (A + B + C) (1) 6,457.90 (2) 6,105.26 Total Interest/Penalty (D + E) 4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT. Check box on Page 2 Line 20 to request a refund 5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. A. Enter the interest on the tax due. g. Enter the total of Line 5 + 5A. This is the BALANCE DUE. (3) (4) (5) 352.64 (5A) (56> 352.64 Make Check Payable to: REGISTER OF WILLS, AGENT PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN TtiE 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 o~r its income :....... .......................... ^ ^x c. retain a reversionary interest; or ............................................................................................................... ^ 0 d. receive the promise for life of either payments, benefits or care? ............................................. [] 0 2. If death occurred after December 12, 1982, did decedent transfer properly 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?....... ^ 4. Did decedent own an Individual Retirement Account, annuity, or other nor-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 FART 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 statutor~r 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 bE~neficiaries 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. Rev-1503 EX+ (6-98) ,., COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE B STOCKS & BONDS ESTATE OF FILE NUMBER Potts, Maxine C. 21-10-0081 All property jointly-owned with right of survivorship must be disclosed on Schedule F. ITEM NUMBER CUSIP NUMBER DESCRIPTION UNIT VALUE VALUE AT DATE OF DEATH 1 300 shares of Alabama Power 5.875%pfd 25.60 7,680.00 2 100 shares of GE Capital Internotes 98.523 9,852.30 3 300 shares of Georgia Power 5.70% pfd 25.34 7,602.00 4 100 shares of Goldman Sachs Group 108.174 10,817.40 5 $71,090 Pimco Total Return Fund "A" 10.8699958 7,727.48 6 $30,000 Tennessee Valley Auth Series A 26.06 7,818.00 TOTAL (Also enter on Line 2, Recapitulation) 51,497.18 (Ir more space Is neeaea, additional pages of the same size) Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule B (Rev. 6-98) Rev-1508 EX+ (6-98) SCHEDULE E CASH, BANK DEPOSITS, & MISC., PERSONAL PROPERTY COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF FILE NUMBER Potts, Maxine C. 21-10-0081 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. (If more space is needed, additional pages of the s~~me size) Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA••1500 Schedule E (Rev. 6-98) Rev-1509 EX+ (6-98) ,. SCHEDULE F COMMONWEALTH OF PENNSYLVANIA J OI NT~Y-OWNED PROPERTY INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF FILE NUMBER Potts, Maxine C. 21-10~-0081 If an asset was made joint within one year of the decedent's date of death, it must be reported on schedule G. SURVIVING JOINT TENANT(S) NAME ADDRESS RELATIONSHIP TO DECEDENT A. Timothy W. Potts 18 Har-John Drive Son Carlisle, PA 17015 B. George W. Potts, Jr. 9813 Church Hill Drive Son Upper Marlboro, MD 20772 C. JOINTLY OWNED PROPERTY: ITEM NUMBER LETTER FOR JOINT TENANT DATE MADE JOINT DESCRIPTION OF PROPERT`( INCLUDE NAME OF FINANCIAL INSTITUTION AND BANK ~4000UNT NUMBER OR SIMILAR IDENTIFYING NUMBER. ATTACH GEED FOR JOINTLY-HELD REAL ESTATE. DATE: OF DEATH VALU1= OF ASSE °,/o OF DI.CD S INTEREST DATE OF DEATH DECEDENT'S INTEREST 1 B 9!18/2006 PNC CD #1 -Certificate Number 31500302157 45,906.09 51D.000% 22,953.05 2 A 9/18/2006 PNC CD #2 -Account #31500302162 45,906.09 51D.000% 22,953.05 3 A, B 09/12/2006 PNC Checking Account #5004635698 3,451.27 33.333% 1,150.42 TOTAL (Also enter on Line 6, Recapitulation) I 47,056.52 (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 F (Rev. 6-98) Rev-1510 EX+ (6-98) ,s COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE G INTER-VIVOS TRANSFERS & MISC. NON-PROBATE PROPERTI( ESTATE OF FILE NUMBER Potts, Maxine C. 21-10-0081 This schedule must be completed and filed if the answer to any of questions 1 through 4 on the reverse side of the REV-1500 COVER SHEET is yes. ITEM NUMBER DESCRIPTION OF PROPERTY THE DATE OF TRANSFER.SATTACFiTA CO Y OF TIHOE DEED FOOREREAL ESTATE. DA"fE OF DEATH VALUE OF ASSET °i° OF DECD'S INTEREST EXCLUSION (IF APPLICABLE) TAXABLE VALUE 1 PNC Annuity -Account #48614870 52,927.00 100.000% 52,927.00 Beneficiaries: George W. Potts, Jr., Son and Timothy W. Potts, Son TOTAL (Also enter on Line 7, Recapitulation) I 52,927.00 (If more space is needed, additional pages of the same size) Copyright (c) 2002 form software only The Lackner Group, Inc. Farm PA-1500 Schedule G (Rev. 6-98) REV-1151 EX+ (10-06) 4 1 I COM IN~ ERITANCECT~ RETURNANIA RESIDENT DECEDENT SCHEDULE H FUNERAL EXPENSES & ADMINISTRATIVE COSTS ESTATE OF FILE NUMBER Potts, Maxine C. 21-10-00811 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 Name of Personal Representative(s) 1,818.62 Street Address City State Zin Year(sl Commission raid 2. Attorney's Fees Saidis, Flower & Lindsay 6,000.00 3. Family Exemption: (If decedent's address is not the same as claimant's, attach explanation) Claimant Street Address City State Zip Relationship of Claimant to Decedent 4. Probate Fees 323.50 See continuation schedule(s) attached 5. Accountant's Fees 6. Tax Return Preparer's Fees 7. Other Administrative Costs 294.40 See continuation schedule(s) attached TOTAL (Also enter on line 9, Recapitulation) 8,436.52 Copyright (c) 2009 form software only The Lackner Group, Inc. Form PA-1500 Schedule H (Rev. 10-06) SCHEDULE H FUNERAL EXPENSES AND ADMINISTRATI~/E COSTS continued ESTATE OF FILE NUMBER Potts, Maxine C. 21-10•-0081 ITEM NUMBER DESCRIPTION AMOUNT Funeral Ex ep rases 1 Hoffman Roth Funeral Home & Crematory, Inc. -Account #15803-279 1,818.fi2 Probate Fees 2 Register of Wills -Probate Fees: Letters Testamentary $260.00; Short Certificates $20.00; Automation Fee $5.00; JCS Fee $23.50; Will $15.00 H-B4 Other Administrative Costs 3 Cumberland Law Journal -Estate Notice Advertisement 4 The Sentinel -Estate Notice Advertisement H-A 1,818.x2 H-B7 323.50 323.50 75.00 219.40 294.40 Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA,-1500 Schedule H (Rev. 6-98) Rev-1512 EX+(12-08) SCHEDULE 1 4 DEBTS OF DECEDENT, MORTGAGE LIABILITIES, & LIEN~~ COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF FILE NUMBER Potts, Maxine C. 21-10•-0081 Report debts incurred by the decedent prior to death that remained unpaid at the date of death, including unreimbursed medical expenses. (If more space is needed, additional pages of the same size) Copyright (c) 2009 form software only The Lackner Group, Inc. Form P~1-1500 Schedule I (Rev. 12-08) REV-1513 EX+(11-08) 1 i COM INDHERITANCEDT~ RETURNANIA RESIDENT DECEDENT SCHEDULE J BENEFICIARIES ESTATE OF FILE NUME3ER Potts, Maxine C. ~ 21-10-00 81 NAME AND ADDRESS OF RELATIONSHIP TO SHAF:E OF ESTATE AMOUN T OF ESTATE NUMBER PERSON(S) RECEIVING PROPERTY DECEDENT (Words) ($$$) Do Not List Trustee s I TAXABLE DISTRIBUTIONS [include outright spousal • distributions, and transfers under Sec. 9116 a 1.2 1 George W. Potts, Jr. Son Fifty percent 71,754.46 9813 Church Hill Drive (50%~) of the Upper Marlboro, MD 20772 resicfue. 2 Timothy W. Potts Son Fifty percent 71,754.47 18 Har-John Drive (50%-) of the Carlisle, PA 17015 resicfue. Total 143,508.93 Enter dollar amounts for distributions shown above on lines 15 throu h 18 on Rev 15 00 cover sheet, as a ro ~riate. NON-TAXABLE DISTRIBUTIONS: II. A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO -r'Ax IS NOT TAKEN B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS TOTAL OF PART II -ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEE_T~ Copyright (c) 2009 form software only The Lackner Group, Inc. Form PA-150(1 Schedule J (Rev. 11-08) LAST WILL AND TESTAMENT OF MAXINE C. POTTS BYRD & BYRD, LLC 14300 Gall;~nt Fox Lane, Suite 120 Bowie, Maryland 20715 {301) 464-7448 LAST VYILL AND T'ESTAMEN'T OF MARINE C. POTTS Bl'RD & BYRD, LL Attorneys-nt-Lnw 1.3300 Gnllnnl Fox L'. Suite ]20 Bowic, MD 2D7I5 (3D1) 4G4-7448 I, MARINE C. POTTS, currently of 9813 <~hurchill Dri~~e, Upper Marlboro, Maryland, 20772, whose social security number is xxx-xx-3234, hereby revoke all wills and codicils heretofore made by me and declare this to be my bast Will and Testament containing ten (10) pages. FIRST Funeral Provisions I desire that my bodily remains be cremated as soon a:~ may be practicable after my death, and given to my sons for burial with those of my late husband, George W. Potts, Sr. I direct that my herein named Personal Representative pay all of my funeral expenses, not prepaid but deemed necessary by my Personal Representative. I direct that my Personal Representative shall have absolute discretion as to the cost of my funeral service, without regard to any statutory limitation of the amount and without the necessity of an order of court. SECOND Identification of Spouse and Children As of the date of this Last Will and Testament, I am unmarried. The words "child" or "children" refer to any one or more, as the case may be, of my children at the dime of my death. 1 Initial ~ ~~'~ ~ ( l - As of the date of this Last Will and Testament, I have two (2) children. They are George W. Potts, Jr. of Upper Marlboro, Maryland and Timothy W. Potts of Carlisle, Pennsylvania. I31'RD & UYRD, LL A I larncys-at-Law Ia300 Gallant Foa L Suite 120 [iowic, MD 20715 gaol>a~a-7aaa THIRD Debts I hereby authorize my Personal Representative to pay all t:he debts which my estate shall be legally obligated to pay as promptly as may be practicable after my death, and administration expenses, except that the payment of any debt secured by a mortgage, pledge, or similar encumbrance on property owned by me at my deai;h shall be within the sole discretion of my Personal Representative so that such property may pass subjec# to such mort;~age, pledge, or other encumbrance. FOURTH Joint Interest Intent I hereby confirm my intention that the beneficial interest in all property, real or personal, tangible or intangible (including joint checking or savings accounts in any bank or savings and loan association), which is registered or held, at the time of my death, jointly in the names of myself and any other person (excluding any tenancy. in corrurion), shall pass by right of survivorship or operation of law and outside of the terms of this will to such other person, if he or she survives me. To the extent that my intention nay be defeated by any rule of law, I give, devise and bequeath alI such jointly held property to such other person or pE;rsons who shall survive me. ~' ~~- ~ (2) Initial _ FIFTH Tangible Personal Property As used in this Last Will and Testament, the phrase 'tangible personal property' includes all of the rest and residue of my personal and household effects;, such as automobile, clothing, pictures, jewelry, china, glass, silverware and furniture of every k:ind. Under this Last Will and Testament, the phrase 'tangible personal property' specifically does not include checking or savings accounts in any bank or savings and loan association, bonds, notes, common, preferred or other stocks, securities, annuities, investments, or any and all other property tangible or intangible in which I have a finar-cial interest. I direct that any and all expenses related to the insurance, maintenance and storage of the tangible personal property which I own free of trust. during the administration of my estate, and the transportation and delivery of such property to my beneficiaries, as named below, shall be borne by my estate. I hereby give all of my tangible personal property to bf~ divided. equally between my children, per capita, and not per stirpes, if they survive me by thirty (30) days. In making this distribution, I direct my personal represent~-tive to divide this property into as nearly equal shares as practicable, having due reg<~rd for the preferences of each child. In the event that my children become entitled to said tangible personal property and BYRD S Bl'RD, LLi Attorneys-al-Lnw 14306 Gnll~nl Fax Lt Suite 120 Dotvic, MD 20715 x;301) 4G4-7448 fail to agree to a division of the same within six months :after my death, my Personal Representative shall select a reasonable method to divide among them the tangible personal property as to which they have not agreed, taking into account the values of the tangible personal property each will receive in accordance with their mutual agreement so that, to the (3) Initial ~ ~'~ extent practical, each of my children by representation will receive a substantially equal share of my tangible personal property. All decisions of my personal representative acting under this item of my will shall be final and incontestable by anyone. If neither of my children survives me by thirty (30) days:, then I direct that my tangible personal property be sold and the proceeds given to Feed the Children of Oklahoma. With further regard to my personal property°, I may give {pertain tangible, non-business, Bl'RD & BY12D, LLI Attorneys-of-Lnw Ia300 Gnllnnt Fox LF Sr~ilc 120 Bowie, D7D 207!$ ~3ot~a~a-7aas personal property in accordance with a written statement or last, prepared pursuant to Md. Estates and Trusts Code §4-10'7, in my handwriting or signed by me, whi~;h describes the items and the devisees with rf;asonable certaint~~. Any memorandum written, dated and signed by me disposing of my tangible personal property shall be incorporated by reference into this Will. I desire that property to be distributed by rriy Personal Representative in accordance with that list. If no such statement or .list is found ~~vithin three (3) months of my death, it shall be conclusively presumed that no such statement or list exists. If I leave multiple written memoranda which conflict, the last dated rr.~emorandum shall control. SIXTH Real Property I hereby give all of my :real property to be divided equ:~.lly between my children, per capita, and not per stirpes, if they survive me by thirty (30) d~~.ys. If neither of my children survives me by thirty (30) days, then I direct that my real property be sold and the proceeds given to Feed the Children of Oklahoma. (4) Initial ~_ ~ ~ SEVENTH Residuary Estate After the payment of all expenses of administration and other charges payable from my estate, all the rest of my estate and property, whetr~er in posses:;ion, expectancy or remainder, including real estate, life insurance proceeds payablf: to my estate; and all property over which I inay have any power of appointment -- herein called my residuary estate -- I give, devise, bequeath and appoint as specified in Articles EIGHTH and NINTF~ below: ©YRD b B1'RD, LLI Attorneys-nt-Lnrv 14300 Gnllant Fox Lr Suite 120 Bowie, MD 20715 ~3ol~a~a-7aas EIGHTH Payment of Taxes All estate and inheritance taxes (including any interest and penalties the;reon not caused by negligent delay} payable with respect to all property includabl~~ in my gross estate whether or not such property constitutes a part of my prod>ate estate shall be paid by my Personal Representative out of my residuary estate. NINTH Disposition of Residuary Estate After the payments and distributions described in the foregoing Articles FIRST, THIRD, FIF I'H, SIXTH and EIGHTH, I hereby give the balance of my residuary estate to be divided equally between my children, per capita, and not per stirpes, if they survive me by thirty (30} days. (S} Initial ~ ~' ~ If neither of my children survives me by thirty (30) days, then I direct that the balance of my residuary estate be given to Feed the Children o:E' Oklahoma. ELEVENTH Powers of Personal Representative A. In addition to ala powers, duties and discretions~ granted to, or imposed upon himCher by law, my Personal Representative .shall have with respect to my estate particularly the power to invest and reinvest, sell, assign, mortgage, exchange, lease, transfer or otherwise dispose of all or any part of my estate, all in his/her sole discretion without application to, the approval of, or the ratification by, the court having jurisdiction over the administration of my estate. All authorities, rights, powers, duties and discretions conferred by rriy Will upon, or lodged in, my Personal Representative shall be construed to ire appurtenant to the fiduciary office, and shall pass to and be exercisable by whatever perso~l or persons may then be duly qualified and acting as the Personal Representative of my estate. B. My Personal Representative, in his/her sole and absolute discretion, also shall BYRD & Bl'RD, LU Attorneys-nt-Lnw 14300 Gnllnnt Fox Ln Suite 120 BO\YIN, MD 20715 (301) 4G4-7448 have the full right, power and authority if he/she shall deem the ;game necessary or desirable, but shall be under no obligation or requirement if he/she otherwise shall determine in his/her best judgment, (1) to make distributions of my estate in cash or iri kind without: the necessity of making any distributions pro rata; (2} to make such decisions as he/she may deem appropriate in connection with the determination of whether any ~~lternate date or dates shall be used for estate and/or inheritance tax purposes and whether any deductions available for estate tax purposes shall be used (in whole or in part) instead as income tax deductions, either on the last return filed t) {6) Initial ~_~'!1 ~ on my behalf individually, or on any of the returns filed in respect of income reported by my estate; and (3) to make compensating adjustments (in whole or :in part) among; the interests of any or all other persons entitled to share in my estate because or o~n account of aany such decision which may increase or reduce the amount of any interest. TWELFTH Simultaneous Death If any beneficiary of this Last Will and Testament and 1: die under such circumstances that there is not sufficient evidence that we died otherwise than simultaneously, that beneficiary shall be presumed to have predeceased me. THIRTEENTH Designation of Personal Representative I constitute and appoint George W. Potts, Tr, and Timotlhy W. Potts, or the survivor of them, to be the Personal Representatives of this will. Y expressly direct ghat my Personal Representative be excused from bond. FIFTEEh~TH No Contest Clause BYRD & Bl'RD, LLI Allorncys-nl-Law 14300 Gallnnt Fox La Suitc 120 Bowie, MD 207!$ (301)464-74x8 If any named beneficiaries of this Will shall contest any distribution or provision set forth herein, then the gift to him or her shall fail, acid his or hex share shall be distributed among the remaining beneficiaries who have not challenged or atteml}ted to contest or set aside my Will, or the distributions set forth herein. (7) Initial ~ ~~~~' ~" If any person files any pleading or paper in any administz•ative or judicial proceeding to challenge or contest any provision of this Will, or of any Trust Declaration established by me and taking effect at my death, then neither said person nor said perso~l's children or other issue shall receive any benefits under this Will or any trust created unde3~ my Trust Declaration. Any bequest, devise, or benefit for said person or his or her children or other issue :;hall lapse. And all provisions of this Will shall be construed as if said person and his or her children and other issue predeceased me. Furthermore, said person shall bear all costs and expens>es incurred by my estate as a result of said challenge or contest including but not limited to court costs and fees of attorneys, accountants, and other professionals. SIXTEENTH Miscellaneous A. The headings used herein are for convenience only and do not affect or modify the provisions of this will. Any reference to gender is strictly for convenience and pis not to affect or modify the provisions of this Will. B. I hereby authorize m.y Personal Representative to uti:[ize the servicF:s of an attorney, BYRD & Rl'RD, LLi Attorneys-nt-Lnw I~7300 Gnllnnt Fox L: Suite 120 Bowie, ~'ID 20715 1;301) 4G4-744A accountant, appraiser, and any other professional as may be necessary in the administration of this, My Last Wiil and Testament. The expenses incurred by the; Personal Representative using such professional services shall be an expense of my estate and sl;~all be paid by Amy estate. (8) Initial ~ _~ IN WITNESS WHEREOF, I have hereunto signed rriy name this _ % L j ~ day of ~l - - ,. , 2007. I hereby declare that I sign and execute this i~:~strument as my Last W~11 and Testament, that I sign it willingly, and that I execute it as my free and voluntary act for the purposes herein expressed. I declare that I am of the age of majority or otherwise legally empowered to make a will, and under no constraint or undue influence. MAXINE C. POTT'S Date U ~- BYRD & BY1tD, LL Attorneys-al-Law 14300 Gallant Fox L Suite 120 Dowie, MD 20715 (301)4G4-7448 (9) Initial _ ATTESTATION The foregoing instrument was signed, published and declared by MAX:INE C. POTTS, the testatrix above named, as and. for her Last Will and Testament, in the presence of both of us, and we, at the same time, at her request, in her presence, and in the presence of each other, hereunto subscribe our names as attesting witnesses. We, the witnesses, sign our names and do hereby declare that on this ~ day of _ ~ 2007, the testatrix willingly signed and exE;cuted this instrument as the testatrix's last will and testament. To the best of our knowledge, the testatrix is of the age of majority or otherwise legally %, empowered to make a will, is mentally competent, and under no constraint or undue influence. BYRll & BYRD, LL Altorncys-nt-Lnw 14300 Gnllnn( Fax L Suite 12D Bnrvie, MD 20718 (301) 4G4-7449 ~,~~1~~(~~tiL/ G~1~2~ W itn s Print d Name of Witness '~ ~/ Name of Witness 14300 Gai,L,A1V'r Fox LArTE, SUITE 120 Rn~71ma 11/rntitn nom 78'71 ~C , ~vn:T- Address 14300 G~.LANT Fox LANE, SUITE 120 BowIE, MaRnarn~ 20715 Address (10) Initial ~ V~~ March 12, 2010 Jo Ann Seker Saidis, Flower and Lindsay 2109 Market Street Camp Hill PA 17011 Re: Estate of Maxine C Potts Date of Death: 12/16/09 Dear JoAnn: As requested please find below the date of death values for Maxine C. ~'otts. ~t~~14 ~~~~l~~E h~G~. ~~~~~~~~er~ Amount Description Price ~ Value 1,049.32 Bank Deposit Program 1.00 1,049.32 10,000 GE Capital Internotes 98.52 9,852.30 10,000 Goldman Sachs Group 108.17 1.0,81 1'.40 ~ 300 300 Alabama Power 5.875°/- pfd Georgia Power 5.70% pfd Tennessee Valley Auth Series A 25.60 _ 25.34 26.06 7,680.00 1,602.00 7,818.00 710.90 Pimco Total Return Fund "A" 10.87 7,727.48 Total 52,546.5 Should you require additional information please don't hesitate to contact me. Sincerel~~, i. ..+ ~~ ~~ ~-e_UbiE I~-vo n s Business Development Associate /dak ire"/ ~ 4..» f` ~~ ~~ i_EA~!~ THE Wiil.~' 1'•ehrcixry ~, 2(110 Sa.idis, 1'~low~:r ~ I.iladsay ~ttorrieys at I ,~~w 1o~nn Serer ?_f~ ~' high ~t C;ar~?ste, U~ I?OI :~ Isl:: Name: Maxine f~ Pons SSN- 408-t~3-3234 I)L~I~- I2-I6-?_(1G9 .)ea: ~Ss_ Sekcr: In respcanse i~ youT rcyurst for I1at~: cif Lath ~I)~>~~} hale°~r;es i_~r thy: cz7slome~ n~~ivc~~ .~~i;~~v€', o~1r recc~rc~s show th~~ fUl~owing: ~`ertifieat~ ~~ ~epo~if ~ccou;~1 # 3 I SOU30? 1 ~? T7~)~ nnlance: ~~~,R'~.80 + 33_?_~ a~:en~cl intes-~~t Intez~s~ paid ~} ~ (;t I -?.OC~~d thru I 1-I ~~ '~UO~~ ~;~~~ I .~;? ~.X ~I_;. ~C QuT1t ## ? ~ ~nG3(~21 ~~ 14vi1~XIN1"; ~ ` p{~.1"r-~." ~ti:~?~` l~~~l ha.l~nce:_ X45,572.80 -~ 33.2 acenrecl ;int..-~~~t . IrtteresF paid n I '-U ? -2b09 ihrv 11-1 ~~-?~?0~ $5 51. ~~~~'~ YI~f-~ t^'hrcl:ing .~ecv~x~t ~ccaun~ # S{)04f63 5b9fi TI~tt()T~~II~'YY'W T'TC~'~~`~"';4 ~OI~ balance: ~?,~5 ~ . I ~~ -+ 0. l 5 acG~ued intcresf . Interest paid 0 i (~ 12009 thru 12- l 6 2{?Oy ~2.2~ ~''IZ h;sit~hlisPi~:~i.'1~~-? 8-20s')~ Istahli~h~~.:: ~~~~ i 2-:~t.)Of} ~`~tt''C' t C)~ :' investment ~a~cuunt 7`hN decedent m~int~in~d Investrrlc;nf ~cCiJiuut #E` 48E~148`~r_-. i~~,r ~~,a~th~- 2nf~~rm~t~c~r_, ~,'e~t in~y c:r.Il ?h~. ~.3ro~erage ~)~:~~rh~rient at 1-800-7Er~-f~ ~ 1 1. Pleasr. r~t~t~ t~~~t lhis ot~u;c provides c1at~ cif deat~t haS~nces ~cy~- Lft.jli~Sit Kcc~iuits (ZRAs, C' ~~s.. ~"h~rkinh ~G~ ~avin~;c~). VVe dcr na4 prcacea~ aay f~~~~cixet trana~~~ionK Q~ t~~wdde ~t,~temer~t,~, I` ~rc~~, oP;.w~, K:~siSLu~ce with any cif ttie5e items, ple~se~ c$ll 1-8~8--1Y1+IC`-~3f~1~dK_ ~ ? -88$-?fi?-~~E~ra~ ;>„ slop by ycrnr ~~r::~~ ~~_ ~~.! .:' :;auk. branc.}~~ c~f~ice. ~inc~:rc;ly, Naiit~r~al Finxn~~z~ services Center F.NC' ~;ank, N.~ M~Ymber ~'l~I~~ ~` i3 j~~ t: '.` O ~ ~ L