HomeMy WebLinkAbout05-14-10 (2).J R~-1 ~oO 1505607120
EX (Ot3-OS) OFFICIAL USE ONLY
PA Departnlent of Revenue covnH Cone rear Pile NurnDer
Bureau of Ir~dividuai Taxes INHERITANCE TAX RETURN 2 1 10 0 2 8 8
PO BOX.2810601
Hamabt,rg,'PA 17128-0601 RESIDENT DECEDENT
ENTER DECEDENT INFO TION BELOW
Social Security Number Date of Death Date of Birth
162225759 02172010 10021929
Decedent's Last Name Suffix Decedent's First Name MI
FRANKLIN CHARLSS I+
(B Applicabb) Enter Survivilnp Spouse's Information Below
Spouse's Last Name Suffix Spouse's First Name MI
Spouse's Social Security Number THIS RETURN MUST BE FILED IN DUPLICATE WITH THE
REGISTER OF WILLS
FILL INAPPROPRIATE OVA1L3 BELOW
® 1. Odginal Return ^ 2. SupplemenffiI Return ^ 3. Remainder Return (date of death
pdor to 12-13-82)
^ 4. Limited Estate ^ 4a. Future Interost Comprortdae ^ 5. Federal Estate Tax Return Required
la.ts a deem arter 12-f z-azl 0
® 5 oecwent oted Testate ^ 7, IAA ~ a~ LMn9 Ttist 8. Total Number of Safe Deposit Boxes
{nttxn copy or vvan
^ 9. Litigation Proceeds RBceived ^ 10. ~?z°~~ a~nani,~~ asath ^ 11. Election to tax under Sec. 9113(A)
(Attach Sch. 0)
CORRESPONDENT -THIS SE TION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED T0:
Name Daytime Telephone Number
STSVSN P. )ldINSR LSQUIRS 7177249821
Firm Name (If Applicable-
DALLY ZUCRI~R MSILTON ffiINLR &
First Ilne of address
1035 MUMMA ROAD, SUITS 101
Second Ifne of address
City or Post Office
WORMLLYSBVRt3
Correspondent's e-mail
amine
have exsmi
n of prepan
State ZIP Code
PA 17043
mms~law.com
REGISTER WILLS USE6 LY
n s
~~~ ~
C7,~ ~ ~'
-GIFTS FILED ... ~ •':
o `~' ~
acheduba and sffiffimenffi, and to the bast of my knowledge and belief,
la based on all intonnatfon of whitdt preperer has any knowledge.
Steven P. Miner
1035 Mumma
/S /t
~(~! Steven P. Miner Esquire
~ C /i ~
1035 Mum~rta Road, Suite 101, Wormleysburg, PA 17043
Side 1
1505607120 1505607120
Wormleysburg, PA 17043
J
1505607220
REV-1500 EX
Decedent's Social Security Number
o.nd.id~,Nam,: FRANKLIN, CHARLES L 16 2 2 2 5 7 5 9
RECAPRULATION
1. Real Estate (Schedule A) .......................................................................................... 1.
2. Stocks and Bonds (Schedule B) ............................................................................... 2.
3. Closely Held Corporation, Partnership orSole-Proprietorship (Schedule C).......... 3.
4. Mortgages 8 Notes Receivable (Schedule D) .......................................................... 4.
76,840.81
5. Cash, Bank Deposits 8 Miscellaneous Personal Properly (Schedule E) ................ 5.
6. Jointy Owned Property (Schedule F) ^ Separate Billing Requested ............. 6.
7. Inter-V'rvos Transfers & Miscellaneous Non-Probate Properly
(Schedule G) ^ Separate Billing Requested ............. 7.
7 6, 8 4 0. 8 1
8. Total Gross Assets'(total Lines 1-7) ....................................................................... 8.
3,904.50
9. Funeral Expenses 8 Administrative Costs (Schedule H) ......................................... 9.
10. Debts of Decedent, Mortgage Liabilfties, & Liens (Schedule I) ................................ 10.
3,904.50
11. Total Deductions (tbtal Lines 9 8 10) ...................................................................... 11.
72,936.31
12. Net Value of Estate) (Line 8 minus Line 11) ............................................................. 12.
13. Charitable and Govelmmenlal Bequests/Sec 9113 Trusts for which
an election to tax has not been made (Schedule J) ................................................. 13.
7 2 . 9 3 6 . 3 1
14. Net Value Subject tlo Tax (Line 12 minus Line 13) ................................................. 14.
TAX COMPUTATION - SSE INSTRUCTIONS FOR APPLICABLE RATES
15. Amount of Line 14 t8~xable
at the spousal tax rake, or
transfers under Sec.: 9116
(a)(1.2) X .00 15.
16. Amount of Line 14 taxable
16
at lineal rate X .045 .
17. Amount of Line 14 taxable 4 8 , 6 2 4 . 2 0 17.
at sibling rate X .12
18 Amount of Line 14 t ble
. 2 4, 3 1 2. 1 1 1 g
at collateral rate X .15 ,
19. Tax Dua .................................................................................................................... . 19.
20. FILL IN THE OVAL IIF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT.
Side 2
L 15056b7220 1505607220
5,834.90
3,646.82
9,481.72
REV-1500 EX Page 3
Decedent's Complete Address:
File Number 21 - 10 - 0288
Franklin, Ch4rles L
STREET ADDRESS
1100 Crandon Way
CITY
Mechanicsburg STATE
PA ZIP
17050
Tax Payments and Crtbdits:
1. Tax Due (Page 1 Line 19.i
2. Credfts/Payments
A. Spousal Poverty Credit
B. Prior Payments
C. Discount
3. InteresUPenalty if applicable
p. Interest
E. Penaky
474.09
Total Credits (A + B + C)
(1) 9,481.72
(z) 474.09
Total Interest/PenaHy (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 + SA. This is the BALANCE DUE.
(3) 0.00
(4)
(s) 9,007.63
(5A)
(56> 9,007.63
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: Yea No
a. retain the use or income of the property transferred :.................................................................................. x
b. retain the right to designate who shall use the property transferred or its income :.................................... x
c. retain a reversionary interest; or .................................................................................................................. x
d. receive the promise for I'rfe of either payments, benefits or care? .............................................................. x
2. If death olecurted after December 12, 1982, did decedent transfer properly within one year of death without
receiving Adequate consideration? ....................................................................................................................... ^ ^x
3. Did decedent own an "intrust 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 deslgnation? ...................................................................................................................... ^ ^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 Juy 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 (sp) (1.1) (II)]. The statute does not exempt a transfer to a surviving spouse from tax, and the statutory requirements
for disdosure of assets and (cling a tax return are still applicable even if the surviving spouse is the only beneficiary.
For dates of death on or attdr 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 ~arent, or a stepparent of the child is zero (0) percent (72 P.S. §9118 (a) (1.2)J.
The tax rate imposed on thenet 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 that 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 Sectlion 9102, as an individual who has at least one parent in Common with the decedent, whether by blood or adoption.
SCHEDULE E
CASH, BANK DEPOSITS, & MISC.
~TMOFRE.~µ~ PERSONAL PROPERTY
MIHERRANf:E TA%RENRN
REBE)FNTDECEDENT
FILE NUMBER
ESTATE OF Franklin, Charles L 21 -10 - o2ss
Include the proceeds of litigation nd the date the proceeds were received by the estate. All property jointly-owned with the right of
survivorship must be disci on schedule F.
ITEM DESCRIPTION VALUE AT DATE OF
DEATH
NUMBER
1 M&T Bank Checking Account No. 10403884 46,562.32
Accrued Interest tb Date of Death 0.67
2 M&T Bank Savings Account No. 9846712835 28,701.59
Accrued Interest to Date of Death 0.35
3 Refund from Loy~lton Nursing Home of Personal Account 1,346.00
4 Refund of premium from Highmark 229.88
TOTAL (Also enter on Line 5, Recapitulation) ~ 76,840.81
SCF~ l F H
FI~B'iAL D~ENSES 8r
caMMOxwFxnr w vExxsv~v~xln T~T~ ~•~
INNERIfI W CE TA% NETL xx
NE&De'!T OW WENS
FILE NUMBER
ESTATE OF Franklin, Charles L 21 -10 - 0288
Debts of decedent must be reported on Schedule I.
NUMBER FUNERAL EXPEL
A. 1 Funeral prepaid
DESCRIPTION
AMOUNT
B, ADMINISTRATIVE COSTS:
1. Personal Representative's Commissions
Soaal Security Number(s) / EIN Number of Personal Representative(s):
Street Address
City State Zip
Year(s) Commissimn paid
2. Attorneys Fees Daley Zucker Meilton Miner & Gingrich, LLC
9, Famiy Exemption: (If decedent's address is not the same as Gaimant's, attach explanation)
Claimant
Street Address
City State Zip
Relationship of Claimant to Decedent
a. Probate Fees Rt?gister of Wills of Cumberland County
5. Accountant's Fees
6. Tax Return Prepareds Fees Padden, Guerrini 8 Associates, P.C., Tax Preparer
7, Other Administrative Costs
1 The Paxton-Herald, advertise Estate Notice
3,200.00
214.50
340.00
48.00
TOTAL (Also enter on line 9, Recapitulation) 3,904.50
COMMONVJF_ALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
Sdtedl~l: H
Finer~l 6q~enses &
~WOi.7
FILE NUMBER
ESTATE OF Franklin, Charles L 21 - 10 - 0288
Cumberland Law Journal, advertise Estate Notice
75.00
Bureau of Vital Records - 3 Death Certificates ~ 27.00
Page 2 of Schedule H
REV-~s+a EX+1~)
is
SCHEDULE J
COMMONWEALTH OF PENNSYLVANIA BENEFICIARIES
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF Franklin
Charles L FILE NUMBER
, 21 -10-0288
RELATIONSHIP TO SHARE OF ESTATE AMOUNT OF ESTATE
NUMBER NAME AND ADDRESS OF PERSON(S) DECEDENT (Words) ($$$)
RECEIVING PROPERTY Do Not use TruNup)
I~ TAXABLE DISTRIBUTIIONS [inGude outright spousal
distributions and transfers
under Sec. X116 (a) (1.2)]
1 Ebert L. Franklin Brother One-third
3191 Legion Drive
Covington, GA 30014
2 Betty Franklin Sister-in-Law One-third
3191 Legion Drive
Covington, GA 30014
3 Sandra Kuhn Friend One-third
1550 Williams Grove Rd. #143
Mechanicsburg, IAA 17055
Enter dollar amounts fOr distributions shown above on lines 1 5 through 18, as appropriate, on Rev 1500 cover sheet
II NON-TAXABLE DISTf~IBUTIONS:
. 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 I O.OO
LAST WILL
OF
CHARLES L. FRANKLIN
I, Chazles L. Franklin, now domiciled in Cumberland County, Pennsylvania, declare this
to be my Last Will. I revoke all other wills and codicils that I may have previously made.
ARTICLE 1
My just debts and expenses of my last illness, funeral, and administration of my estate
shall be paid by my Executor from the principal of my residuary estate as soon as practicable
after my death.
ARTICLE 11
All inheritance, estate, and succession taxes (including interest and penalties thereon, but
not including any generation skipping tax) payable by reason of my death shall be paid out of
and be chazged generally against the principal of my residuary estate without reimbursement
from any person. This provision is not a waiver of any right which my Executor has to claim
reimbursement for any such taxes which become payable as the result of any property over
which I have the power of appointment.
Page 1 of 5
ARTICLE 111
I give, devise and bequeath all of my property, real, personal, and mixed, as follows:
A. One-third (1/3) to my brother, Ebert L. Franklin, provided that he survives me by
thirty (30) days. In the event that Ebert L. Franklin fails to survive me by thirty (30) days, I give,
devise and bequeath his share of my estate to his son, Frederick Franklin.
B. One-third (1/3) to my sister, Betty Franklin, provided that she survives me by
thirty (30) days. In the event that Betty Franklin fails to survive me by thirty (30) days, I give,
devise and bequeath her share of my estate to her son, Frederick Franklin.
C. One-third (1/3) to my neighbor, Sandra Kuhn, provided that she survives me by
thirty (30) days. In the event that Sandra Kuhn fails to survive me by thirty (30) days, I give,
devise and bequeath her share to the above-named beneficiaries, Ebert L. Franklin and Betty
Franklin, in equal shares.
ARTICLE IV
In addition to the powers conferred by law, I authorize my Executor in its absolute
discretion:
A. to retain in the form received and to sell either at public or private sale, any real
estate or personal property except that which I specifically bequeath herein;
B. to manage real estate;
C. to invest and reinvest in all forms of property without being confined to legal
investments, and without regard to the principal of diversification;
D. to exercise any option or right arising from the ownership of investments;
E. to compromise claims without court approval and without consent of any
beneficiary;
Page 2 of 5
F. to file any federal income tax return for any year for which I have not filed such
return prior to my death;
G. to make distributions in cash or in kind, or in both, and to determine the value of
any such property;
H. to employ any attorney, investment advisor, or other agent deemed necessary by
my Executor, and to pay from my estate reasonable compensation for all their services; and
I. to conduct along with or with others, any business in which I am engaged or have
an interest in at the time of my death.
ARTICLE V
I nominAte, constitute, and appoint M&T Bank, or its successor, Executor of my Last
Will and Testament. I hereby relieve my Executor, whether original, substitute, or successor,
from the necessity of posting security in connection with its duties as such in any jurisdiction in
which it may be called upon to act so far as I am able by law to do so. My Executor shall receive
reasonable compensation for services rendered to my Estate.
1N WITNESS WHEREOF, I, Charles L. Franklin, hereby set my hand to this, my Last
Will, on this I ~ ~ day of K ~?`( Zpo7 2007, at Harrisburg, Pennsylvania.
Charles L. Franklin, Testator
Page 3 of 5
In our presence, the above-named Testator signed this and declared this to be his Last
Will, and now,. at his request, in his presence, and in the presence of each other, we sign as
witnesses.
~: ~! / / Address:
~ o as ~ ~ ~;,,~.
~`~~eq
I, Charles L. Franklin, Testator, who signed the foregoing instrument, having been duly
qualified according to law, acknowledge that I signed and executed this instrument as my Will,
and that I signed' it willingly as my free and voluntary act for the purposes therein expressed.
Chazles L. Franklin, Testator
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
SS.
On this, the /~ day of , 2007, before me, the undersigned
officer, personally appeared Charles L. Frankli ,known to me (or satisfactorily proven) to be the
person whose name is subscribed to the within instrument, and acknowledged that he executed
the same. for the purposes therein.
1N WITN)SS WHEREOF, I hereunto set my hand and public official seal.
e 0
SUSAN M. MUQS N Nosy p~Wc
lower Paxton Twp. b Cowiq,
My Commission a Oct, 12, 2010
.-)'),) . ~~-o~ew
Notary Public
Page 4 of 5
We, the undersigned witnesses who signed the foregoing instrument, being duly qualified
according to taw, depose and state that we were present and saw the Testator sign and execute
this instrument as his Will; that he signed and executed it willingly as his free. and voluntary act
for the purposes therein expressed; that each of us, in his sight and hearing signed the Will as
witnesses, and that to the best of our knowledge, he was at that time eighteen (18) years or more
of age, of sound mind, and under no constraint or undue influence.
WI SS
WITNESS
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
SS.
On this, the ~~~ day of , 2007, before me, the undersigned
officer, personally appeared ~}~ yen t? t ner and Lb n nct ~. ~ x ,
known to me (or satisfactorily proven) to be the persons whose names are subscribed to the
within instrument, and acknowledged that they executed the same for the purposes therein.
IN WITNESS WHEREOF, I hereunto set my hand and public official seal.
~•
otary Public
!lOIYI N U.FL.~fl~
SUSAN M. HUDSON Notsry Public
Lower Pextai Twp., beuphin Gounty
My Comndaaion Expires Oct. 12, 2010
Page 5 of 5
p B~
499 Mitchell Road, Millsboro, DE 19966 Adjustment Services
Phone 888-502-0349
Fax (302) 934-2955
April 8, 2010
Steven P Miner
Attorney At Law
1035 Mumma Road
Suite 101
Wormleysburg, PA 17043
Re: Estate of Charles L Franklin
Social Securiri: 162-22-5759
Date of Death: February 17, 2010
Dear Sir or Madam:
Per your inquiry dated April 7, 2010, please be advised that at the time of death, the above-named decedent had
on deposit with this bank the following:
1. Type of Account
Account Number
Ownership (Names o, fl
Opening pate
Balance on Date of Death
Accrued Interest
Total
2. TypeafAccount
Account Number
Ownership (Names o, fl
Opening Date
Balance on Date of Death
Accrued Interest
Total
Checking Account
10403884
Charles L Franklin
07/L9N3
$46,562.32
$ .67
$46,562.99
Checking Account
9846712835
Charles L Franklin
OSlZ7i08
$2$701.59
$ .35
$2$701.94
For further ecoount information, closures and/or reimbursement o[ funds please Ball the Mechanicsburg tMlce at #717-255-2031.
We were unable to bate any safe deposit box for tbeabove-mentioned decedent.
$lI1CC1Ely,
e M KimbUe
Adjustment Services
w
.
a ~ m
~~ H ~ a
~ te rry
~
~
d ~ W
H ~
n
~
-I
U
-:
-rl
` a = o
rl ~I ~ d w
'A a ~ s
0
a
ti
s
0
0
a
N
0
~o
0
s
0
0
0
IY1
EST. OF CHARLES L FRANKLIN ~~~aa~e 1122
STEVEN P MINER, IXEC
DALEY ZUCKER MEILTON MINER & GINGRICH 2
1095 MUMMA RD. STE 101 DnTE
~~ WORMLEYSBURG, PA 17043 ~ - ..„,... _ ;,
PAY TO THE /'ir.~~.on / .r..s '` ~~ ~ c ,~+ - • ? .S ~ [~ I $ 4/ 7 ~. t~ .... #
ORDER OP~V~-^rX-~Jt+~-r '~~- ..'-
d6
D~8 .
/t i1M8tT ~k Power Flnancial Solutions
/~,
w,nm.ac.mr.o e.
~~,~~ /-~,, r
~o • QX-F98507~946311'L 22 /~'-~~d r
x.03 L30 29551.
Padden, Guerrlnl & Associates, P.C.
3425 Simpson Ferry Road
Camp Hill PA 17011
Phone: (717) 763-1644 Fax: (717)763-1646
Invoice #: 30869
Date: 4/22/2010
Charles L. Franklin
c% Steven Miner, Esq
1035 Mumma Road
Suite 101
Wormleysburg PA 17043
Date Due: 5/22/2010
Client ID: 27720
Amount enclosed $ 35~D.
Please return top portion with remittance.
PROOF OF PUBLICATION OF NOTICE
1N CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF CUMBERLAND
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesald,'being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal ',periodical published in the Borough of Cazlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the fallowing dates,
viz:
April 16, Apri123, and Apri130, 2010
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and chazacter of publication aze true.
L' a Marie Coyne, Ed' or
SWORN TO AND SUBSCRIBED before me this
30 day of April, 2010 ,
Notary
P'raalclia, Charles L., d~c'd.
Late of Cumberland County.
Executor: Steven P. Miner.
Attorneys: Steven P.' Miner, Es-
quire, Daley Zucker I~~ylIeilton Min-
er & Gingrich, LLC, 1 Cl35 Mumma
Road, Suite 101, Wotmleyaburg,
PA 17043.
NOTARIAL 8EAL
DEBORAH A COLLINS
Notary Publk
CARLiBIE BOROU~iH, CUMBERLAND COUNTY
My Commfastlon Expfna Apr 28, 201
THE PAXTON HERALD
..
Tln Pwtan N.... • B10 Grl bM,HwIW.ry N 1T114 •lYLpp
Faz East Shore
(717) 657-3523 Office & Plant - (PO Box 6310) 101 Lincoln Street (717} 545-9540
Harrisburg, PA 17112 (717) 545-8782
STATE OF PENNSYLVANIA
COUNTY OF DAUPHIN
Before me, the subscriber, a Notary Public in and for the said County,
personally came Lisa M. Carnes who, being duly sworn, doth depose
and say that she is OLEBK of THE PAXTON HERALD, a
newspaper of general circulation published in Harrisburg, Pennsylvania;
That THE PAXTON HERALD was established on the 28th day of
June, 1960, and has,been published continuously since that date;
That the advertisement, of which a copy is attached hereto, was
published in the advertising columns of THE PAXTON HERALD in
all respects as ordered in the issue(s) of ~-) ~ ~-} ~ , ~ ag a~-o•
Affiant further deposes that she is not interestec~m the subject matter of
the aforesaid notice or advertisement, and that the allegations in the
foregoing statement as to the time, place and character of publication
are true.
~,,.'
(Si afore of the Afflant)
NOTgRIAL SE;'tL
CARRIE ,1EAN SINGER, NOTARY P:,BLIC
LOWER PAXTON T~JP., DAUFhiF;V COUM1;TY
MY COMMISSION EXPIRES SEPT. 7, 2910
Swom and subscribed before me this day of