HomeMy WebLinkAbout02-07-11 (3) .~
-
-.
._ :77
.
f ~"~ t
~
~ 7
1
~
LIVING TRUST ESTATE OF JOHN J. STUMPF, DECEASED ~ ~-~ E ~
-~~~3
~-~ - ..
DISCLAIMER and RENUNCIATION '>=~~
-_ ~`~~
- ~ . ~-;
-
{,..
WHF,REAS, John J. Stumpf and Magdalen M. Stumpf, husband and wife,, created the
Stumpf Family Living Trust dated September 25, 1997, and any amendments thereto (l~he "F mile
Trust"), and the Stumpf Family Nominee Trust dated September 25, 1997, and any amendments
thereto (the "Nominee Trust"), appointing themselves as Trustees of the Family "I'-east and the
Nominee Trust..
WHEREAS, John J. Stumpf died on May 8, 2010, a resident of M~ec:hanicsburg,
Cumberland ~'ounty, Pennsylvania (the "Decedent"), as a result of which Magdalen M. Stumpf
became the Successor Death Trustee of the Family Trust and successor Trustee of the Nominee
Trust.
WII~;REAS, in her capacity as successor Trustee of the Nominee Trust, Magdalen 1VI.
Stumpf is required to distribute one hundred percent (100%) of the Decedent's AssE;ts (as herein
defined) titled in the name of the Nominee Trust to the Beneficiaries of the Nominee Tr~.~st, namely,
"John J. Stumpf and Magdalen M. Stumpf, Trustees of THE STL1M_PF FAMILY LIVING TRUST
u/d/t dated SEP 25, 1997."
WHEREAS, following distribution of the Decedent's Assets to Magdalen 1V1:. Stumpf, in
her capacity as Successor Death Trustee of the Family Trust, and passage of the Tax Relief,
Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (the "Tax Belie .Act o
?010"), Magdalen M. Stumpf, in her capacity as Successor Death Trustee and in accc-rdance with
the express direction in Section 7.02 of the Family Trust, allocated all of the Decedent's Assets to
the Marital Share of the Family Trust inasmuch as her Unused Applicable Credit Equivalent (as
defined in the Family Trust) exceeds the total value of assets of the of the Family Trust.
WHEREAS, the Decedent's assets formerly titled in the name of the Nominee Trust and
allocated to the Marital Share by the Successor Death Trustee consist of those listed c-ri Schedule A
attached hereto (the "Decedent's Assets").
WHEREAS, Section 7.03 of the Family Trust provides that if the surviving Trustor
disclaims "any portion of any interest in or power over property passing from the deceased Trustor
to or for. the surviving Trustor's benefit under this agreement," such property that otherwise would
have been allocated to the Marital Share shall instead be allocated to the Non-Marital Share.
WHEREAS, less than nine (9) months have elapsed since the date of death of t:he Df;cedent
and the undersigned Disclaimant has not accepted any of the Decedent's Assets nor has she
exercised any control as beneficial owner over the Decedent's Assets or any interest therein since
allocation to the Marital Trust immediately prior to her execution of this Disclaimer and
Renunciation.
W~~REAS, the Disclaimant acknowledges that the effect of her execution of this
Disclaimer and Renunciation is that the Decedent's Assets that otherwise would have passed to her
as the Marital Share shall instead be distributed to the Non-Martial Share establishE,d in Article
Seven of the Family Trust and governed by the provisions of Article Nine of the Family 'Trust.
NOW', THEREFORE, I, MAGDALEN M. STUMPF, an adult beneficiary residling at
20 Redbud L)rive, Mechanicsburg, Cumberland County, Pennsylvania, do hereby exercise the
rights granted to me in the Pennsylvania Probate, Estates and Fiduciaries Code, 2C- Pa. C.S.A.
§6201 et seq. and Section 7.03 of the Family Trust, to DISCLAIM AND RENOUNCE all right,
title and beneficial interest in and to the Decedent's Assets. As a consequence of this instrument
and the provisions of the Family Trust, the Decedent's Assets shall now pass to the Non-Marital
2
Share c-f the Family Trust.
IN WETNESS WIIEREOF, I, MAGDALEN M. STUMPF, intending to be legally bound
and intending further that this Disclaimer and Renunciation shall be filed of record wiah the Trustee
of the Family 'Trust, as provided in 20 Pa. C.S.A. §6204(b}, have hereunto set my ha.ncl this _`~~_
day of _~v..r ~ . __ ~~ , 2011.
WITNESS:
s~ MA ALEN M. ST~JMPF, Surviving~Tr stor
}
COMMONWEALTH OF PENNSYLVANIA )
ss:
COUNTY OF DAUPHIN )
On this, the day of -" ~ ,~. ti .. ,, ~ ~ , 2011, before me, a Notary Public :in and for the
Commonwealth of Pennsylvania, the under g officer, personally appeared MAU>J~ALEN M.
STUMPF, 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 ~eonta.ined.
~~'
Notary Public ~'
My Commission Expires:
kJZ'.~dd"~~ ~, l_Cl,ic:y, ''gL`s~uSj/ i-U~3{iC.
o~~y `~~~~~J.. ~a'u~hi!~ ~xaunty
Nl~+ Ct~rnn~i~si~zn ~~ ~~~~ ~s ~y 25, 2091
blennber, Pe~r.s~y 9a,~~; ~ .'~ ~.c~r:~~:~~,r4 of N~~iaries
3
SCHEDULE A
JOHN J. STUMPF FAMILY TRUST
DATED SEPTEMBER 29, 1997
TAX LD. #27-7054816
Assets which comprise the John J. Stumpf Family Trust $ L,C-00,0~0.00
Less Expenses allocated to Family Trust
($3,230.29)
TOTAL IN FAMILY TRUST $991,769.71
(..~~
VIA HAND DELIVERY
February 7, 2011
Glenda Fanner Strausbaugh
Register of Wills &
Clerk of Orphans' Court
1 Courthouse Square
Carlisle, P~ 1701
RE: ESTATE OF JOHN J. STUMPF, DECEASED
SOCIAL SECURITY NUMBER: 067-16-9154
Dear Ms. Strausbaugh:
Enclosed is a Disclaimer and Renunciation for the above referenced Estate along with a
check in the amount of $5.00 for the filing fee.
Please time-stamp the additional copy of the Disclaimer and return to me in the enclosed
self-addressed, stamped envelope.
Please contact me if you should have any questions.
Thank you.
Sincerely,
JAMES, SMITH, DIETTERICK & CONNELLY, LLP
+~ r ~; ~.~ ,l , t,
r ,
Denise M. Long
Cc: Magdalen Nl~ Stumpf
n,~~ ,..
ti
~# kS:,.. ,.9,..
~.. _..,
~~STATE
SF~CURITY
]Denise M. Long
dml@~sdc.com
134 SIF'E AVENUE
NUMMELSTOWN, F'A 17036
MAILING ADDRESS
f? O f30X 650
HERSHEY. PA ? 7033
BOLL FREE L800.942.366Q
TEL 71~ 533 3280
1=AX 717.533.777'
www.jsdc.com