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HomeMy WebLinkAbout05-11-11 1505610105 REV-1500 EX (oz-u) (FI) PA Department of Revenue OFFICIAL USE ONLY Pennsylvania Bureau of Individual Taxes PO BOX 28o6oi OEPANTPIENTOFNEVENUE County Code Year File Number INHERITANCE TAX RETURN _ - Harrisburg, PA 1'7128-0601 ~~ RESIDENT DECEDENT .,.' I ~ l'E ~r~ ENTER DECEDENT INFORMATION BELOW Social Security Number Date of Death MMDDYYYY Date of Birth MMDDYYYY 140-14-1048 02/28/2010 06/25/1923 Decedent's Last Name Suffix Decedent's First Name MI Stephan Elaine S (If Applicable) Enter Surviving 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 IN APPROPRIATE AVALS BELOW O 1. Original Return ~jj 2. Supplemental Return O 3. Remainder Return (Date of Death Prior to 12-13-82) O 4. Limited Estate O 4a. Future Interest Compromise (date of O 5. Federal Estate Tax Return Required death after 12-12-82) O 6. Decedent Died Testate O 7. Decedent Maintained a Living Trust 8. Total Number of Safe Deposit Boxes (Attach Copy of Will) (Attach Copy of Trust.) O 9. Litigation Proceeds Received O 10. Spousal Poverty Credit (Date of Death O 11. Election to Tax under Sec. 9113(A) Between 12-31-91 and 1-1-95) (Attach Schedule O) CORRESPONDENT - THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED T0: Name Daytime Telephone Number _ _ Taylor P Andrews _ __ (717) 243-0123 First Line of Address 78 W Pomfret St Second Line of Address City or Post Office Carlisle State ZIP Code PA 17241 .~ ,- -,., ~r --r7 Correspondent's a-mail address: tpandreWSCc~pa.net Under penalties of perjury, I declare that I 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 prep er other than the personal representative is based on all information of which preparer has any knowledge. SIGNATU P ON SON FO LIN RETURN DATE ` ~ ~~~ ~ / ADDRESS ~ ~~` ~ ~ ~~, ~ C / G /~ ~ / / SIGNATURE OF PREPARER OTHER THAN REPRESENTATIVE ! / DATE ADDRESS PLEASE USE ORIGINAL FORM ONLY Side 1 15056101D5 1505610105 J 1505610205 REV-1500 EX (FI) Decedent's Social Security Number Decedents Name: Elaine S Stephan 140-14-1048 KEGAPITULATION 1. Real Estate (Schedule A) ............................................ . 1. 2. Stocks and Bonds (Schedule B) ....................................... 2. _ _._ . _. 3. Closely Held Corporation, Partnership or Sole-Proprietorship (Schedule C) ..... 3. .. _ . 4. Mortgages and Notes Receivable (Schedule D) ........................... 4. 5. Cash, Bank Deposits and Miscellaneous Personal Property (Schedule E)....... 5. 30,000.00 6. Jointly Owned Property (Schedule F) O Separate Billing Requested ....... 6. 7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property - - (Schedule G) O Separate Billing Requested........ 7. 8. Total Gross Assets (total Lines 1 through 7) ............................. 8. 30,000.00 ; 9. Funeral Expenses and Administrative Costs (Schedule H) ................... 9. 900.00 10. Debts of Decedent, Mortgage Liabilities and Liens (Schedule I) ............... 10. _ _._. _ 11. Total Deductions (total Lines 9 and 10) ................................. 11. __ ... _ . . 12. Net Value of Estate (Line 8 minus Line 11) .............................. 12. 29 100.00 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. 29,100.00 TAX CALCULATION -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 .0_ 15. 16. Amount of Line 14 taxable ____ __ . at lineal rate x .0 45 29,100.00 1 g, 1,309.50 17. Amount of Line 14 taxable -.. ...__ at sibling rate X .12 17 18. Amount of Line 14 taxable at collateral rate X .15 18 19. TAX DUE ...................................................... ,_ ...19. 1,309.50 20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT O Side 2 1505610205 1505610205 J REV-1500 EX (FI) Page 3 Decedent's Complete Address: File Number Total Credits (A + B) (2) 0.00 3. Interest _ 4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT. (3) 0.00 Fill in oval on Page 2, Line 20 to request a refund. (4) 5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (5) 1,309.50 Make check payable to: REGISTER OF WILLS, AGENT. PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN X IN THE APPROPRIATE BLOC ~~ ~~ KS 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 or its income .................. ^ c. retain a reversionary interest .............................. ^ d. receive the promise for life of either payments, benefits or care? ...................................................... 2. If death occurred after Dec. 12, 1982, did decedent transfer property within one year of death without receiving adequate consideration? .............................................................................................................. ^ . 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 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 Jan. 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 3 percent [72 P.S. §9116 (a) (1.1) (i)J. For dates of death on or after Jarl. 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 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 21 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 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 4.5 percent, except as noted in [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 12 percent [72 P.S. §9116(a)(1.3)J. Asibling is defined, under Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption. Tax Payments and Credits: 1. Tax Due (Page 2, Line 19) (1) 1,309.50 2. Credits/Payments A. Prior Payments B. Discount SCHEDULE E CASH, BANK DEPOSITS AND MISCELLANIOUS PERSONAL PROPERTY ESTATE OF FILE NUMBER Elaine Scholten Stephan 21 10 0249 Include the proceeds of litigation and the date the proceeds were received by the estate All property jointly-owned with Right of Survivorship must be disclosed on Schedule F ITEM DESCRIPTION VALUE AT DATE NUMBER OF DEATH 1 Distribution from Estate of Rosalind Gainsborg [decedent's sister] $30,000.00 received April 16, 2011 This expectency could not be valued until received and therefore, could not be reported on the original inheritance tax return. See transmittal letter from Gainsborg Estate Executor attached TOTAL (also on line 5, Recapitulation) $30,000.00 ~~je ~~t~te of ~.o~~ri~b ~. ~~ir~~~~r g Eclwarcl R. Gainslior$, Jr. r F.xocutor 34 Wasliill$to11 Crossing - PC1111111~ton R~. PC~1111111~t011, Now JersoL~ 08534 Taylor P. Andrews, Esq. Andrews & Johnson 78 West Pomfret Street Carlisle, PA :17013 April 15th, 2011 Dear Mr. Andrews; I am sorry for the delay in getting all this to you. Enclosed you will find. a preliminary final accounting of the Estate of Rosalind S. Gainsborg and a check made out to the Estate of Elaine Stephan in the amount of $30,000.00. This should cover the majority of th~° inheritance due to Aunt Elaine's estate. There are basically two outstanding issues that need to be dealt with before I can settle the estate. The first involves the theft relating to the estate sale and the other is the sale of the house. Once these issues are cleared up the final accounting can proceed. Charles Williams and I are in the negotiations with the insurance company concerning the theft claim and we are hopeful that it will be concluded shortly. As soon as that is completed I wall start to finalize the estate and send you the final accounting and an additional check to cover the balance of Aunt Elaine's inheritance. If you have any questions please feel free to call or write: Edward R. Gainsborg, Jr. -Executor 34 Washington Crossing -Pennington Rd. Pennington, New Jersey 08534 609-737-8394 Sincerely . --, _,. Y ~ j` -A-~ Edward Rankin Gainsborg, Jr. -Executor SCHEDULE H FUNERAL EXPENSES, ADMINISTRATIVE COSTS AND MISCELLANEOUS EXPENSES ESTATE OF FILE NUMBER Elaine Scholten Ste han 21-10-0249 Debts of decedent must be reported on Schedule I. ITEM DESCRIPTION NUMBER AMOUNT A• Funeral Expenses: B• Administrative Costs: 1 Personal Representive Commissions Name of Personal Representative: Taylor P. Andrews, Esq. Social Security Number of Personal Representative: 193-36-8343 Street Address: 78 W. Pomfret St. City: Carlisle State: Pa Zip: 17013 Year(s) commissions paid: 2010 expected 2 Attorney fees Ito Andrews & Johnson $900.00 3 Family Exemption Claimant _ Street: City: State & Zip Relationship oaf Claimant to Decedent: 4 Probate Fees to Register of Wills (also on line 9, Recapitulation) $900.00 SCHEDULE J BENEFICIARIES ESTATE OF FILE NUMBER Elaine Sc holten Ste han ITEM NAME A 21-10-0249 ND ADDRESS OF BENEFICIARY RELATIONSHIP AMOUNT OR SHARE NUMBER I TAXABLE DISTRIBUTIONS [include outright spousal distributions and tran f d S Do Not List Trustee(s) OF ESTATE , s ers un er ec. 9l I6(a)(1.2)] 1 Janet Stephan Harmon, Daughter 1/6 of residue 302 Cole Dr., Huntsville, AL 35802 2 Prof. Julia D. Mahoney, Trustee for Stephan Children Grandchildren 1/3 or residue UVA Law School, 580 Massie Rd., Charlottesville, VA 3 Prof. Julia D. Mahoney, Trustee for Adriana DeBolt Trust Grandchild 1/6 residue UVA Law School, 580 Massie Rd., Charlottesville, VA 4 Janet Stephan Harmon, Trustee for Christian A. Harmon Grandchild 1/9 residue 302 Cole Dr., Huntsville, AL 35802 5 Janet Stephan Harmon, Trustee for Frances E. R. Harmon Grandchild 1/9 residue 302 Cole Dr., Huntsville, AL 35802 6 Janet Stephan Harmon, Trustee for J. Axexander Harmon Grandchild 1/9 residue 302 Cole Dr., Huntsville, AL 35802 NON-TAXABLE DISTRIBUTIONS: II A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE Charitable and Governmental Bequests: TOTAL CHARITABLE AND GOVERNMENTAL BEQUESTS (also enter on line 13, Recapitulation) $0 LAST WILL AND TESTAMENT OF ELAINE SCHOLTEN STEPHAN ^,~~ ~? l~ v ~. v to ~ ~~ •' '~ I, ELAINE SCHOLTEN STEPHAN, of Newville, Cumberland County, Pennsylvar,~ia, being of sound and disposing mind, memory and understanding, do hereby make, publish and declare this as and for my Last Will and Testament, hereby revoking all other Wills and Codicils heretofore made by me. FI_ I direct the payment of my just debts and expenses of my last illness and funeral from my estate as soon after my death as conveniently may de done. Further, I direct that my body be cremated and that my ashes be disposed of as my personal representative shall deem appropriate. SECOND I bequeath my tangible personal property (not including cash or securities), together with any existing insurance thereon, as set forth in a separate memorandum that I shall place with my Will to the persons therein designated. If I shall leave no separate memorandwn, or with regard to my other tangible personal property (not including cash or securities) not referenced by such memorandum, I ~ equeath such property to my children, JANET STEPHAN H[A,RMON and PAUL BROOKE STEPHAN III, to be divided among them by my Executor with due regard for his and her personal preferences in as nearly Equal shares as practical. THIRD ,~, ~. \~ `\ ~~~~ I give, devise and bequeath my estate as follows: A. The sum of Twenty Thousand ($20,000.00) Dollars to HOPE COLLEGE, Holland Michigan. B. The rest, residue and remainder of my estate shall be divided as follows: (1) One-sixth (1/6) to JANET STEPHAN HARMON. If she fails to survive me, this sum shall be added to tl~e shale held in Test for the beneft of her children. (2) One-third (1/3) to the STEPHAN CHILDREN Trust, WILLIS SPAULDING, Executive Trustee (EIN 54-6316024) to be administered pursuant to the terms and conditions of said Trust. ~/ (~ One-sixth (1/6) to the ADRIANA DEBOLT STEPHAN Trust, WILLIS SPAULDING, Executive Trustee (EIN 54-6349402) to be administered pursuant to the terms and conditions of said Trust. ~% (~ The remaining one-half (1/3) share of my estate, I give, devise and bequeath unto my daughter, JANET STEPHAN HARMON, as Trustee, to hold and share in Trust for the benefit of her children, upon the following terms and conditions: a. The funds received under this will for the children of JANET STEPHAN HARMON shall be divided into as many equal trusts as there ~~re children of JANET STEPHAN P[ARIVION surviving at my death, and JANET STEPHAN HARMON shall administer each Trust separately in accordance with the following instructions: b. To hold, manage, invest and reinvest the principal so received, and accumulation of income thereon, and to use, pay and apply the income and principal or so much thereof as in Trustee's sole discretion may be necessary for the medical expenses and post-high school education of each beneficiary. The education expenses shall be limited to the actual cost of tuition, books, and room and board outside the home of JANET STEPHAN I=[ARMON. c. The payments authorized by this Trust may be, in the sole opinion of the Trustee, made directly to the beneficiary or to any institution entitled to such payment by reason of services rendered or to be rendered to any of said beneficiary. ~ d. All payments of principal and income hereby given shall be 1 free from anticipation, assignment, pledge or obligations of the ~~ beneficiary, and shall not be subject to any execution or attachment. ~ \' e. All principal and accumulated income, not so applied, shall be distributed as follows: (1) When each beneficiary attains the age of thirty (3 0) `,,~ years the remaining principal and accumulated interest shall be distributed to the beneficiary. ~.~ (2) If the beneficiary of this Trust shall not survive to ~, ~~ ~ receive final distribution, the Trust shall be distributed ` to the issue of the ben eficiary, and in default of such issue, to my other grandchild.ren.b:y JANET STEPHAN P[ARMON, with the distribution to other Trusts still in existence.for a grandchild. f. If JANET STEPHAN HARMON is unable or unwilling to perform the duties of Trustee; I direct that BRUCE- ALAN HARMON be appointed as Substitute Trustee. FOURTH I direct that any and all inheritance, estate, and transfer taxes imposed upon my estate passin€; under this Will or otherwise shall be paid out of the principal of my residuary estate. FI_ In addition to the powers conferred by law, I authorize any personal representative acting under this instrument, in his/her absolute discretion: A. To retain in the form received, or to sell either at public or private sale any real or personal property; B. To exercise any options to subscribe for stocks, bonds, or other investments; C. To join in any plan of lease, mortgage, consolidation, exchange, ~. reorganization or foreclosure of any corporation in which my estate or any ~ ~~` trust may hold stocks, bonds or other securities; D. To sell, transfer, convey, mortgage, pledge, lease or exchange any property, real or personal, which at any time may form part of my estate ~'~ , for the payment of debts or taxes, or for any purpose of administration or ~ ~, distribution, for such prices and upon such terms as m y personal representative, mhis/her sole discretion, may deem wise, and to execute ~; ~~`~~ and deliver deeds of conveyance or transfer thereof; ~;~ E. To make settlements and compromises on such terms as my personal : ~' representative in his/her sole discretion may deem wise without the necessity of obtaining any court approval thereof; F. To make distribution hereunder either in cash or kind, as my personal representative in his/her discretion may deem wise. SI_ I do hereby nominate, constitute and appoint my son, PAUL BROOKE STEPHAN III, to act as Executor of this my Last Will and Testament. Provided, however, that if he is unwilling or unable to act as Executor, I direct the duties of Alternate Executor be performed by TAYLOR P. ANDREWS, ESQ.. SEVENTH I direct that no personal representative, guardian, trustee or other fiduciary appointed under this instrument shall be required to give bond for the faithful performance of their duties in any jurisdiction. IN WITNESS WHEREOF, I, ELAINE SCHOLTEN STEPHAN, have hereunto set my hand: and seal to this my Last Will and Testament, consisting of six (6) printed pages, this _ /~ day of April 2005. /^,~~ ~ n ~~~ Elaine Scholten Stephan ~ Signed, sealed, published and declared by the above-named Testatrix, ELAINE SCHOLTEN STEPHAN, as and for her Last Will and Testament, in the presence of us, who, at her rf;quest, in her sight and presence, and in the sight and presence of each other, have hereunto subscribed our names as witnesses. ~~ ~/ ~/l~lGGf ~r~- COMMONWF?ALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. WE, F;LAINE SCHOLTEN STEPHAN, TAYLOR P. ANDREWS, and ~~ ''~ ~ ~ ~ ~ ~'; the Testatrix and witnesses res ecti p vely, whose names are signed to t;he foregoing or attached instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testatrix signed and executed the instrument as and for her Last Will and Testament and that she signed willingly and that she executed as her free and voluntary act for the purposes therein expressed, and that each of the witnesses, iri the presence and hearing of the Testatrix, signed the Will as witnesses and that to the b.°st of their knowledge the Testatrix was at the time eighteen (18) or more years of age, of sound mind and under no constraint or undue influence. ~~ - ~ ~.. ELAINE ~~QLTEN STEPHI~N, Testatrix Ta~or1 P. Andrews, Witness C_./f Witness Subscribed, sworn to and acknowledged before me by Elaine Scholten Stephan, the Testatrix, and s , scribed to and sworn or affirmed to before me by TAYLOR P. ANDREWS and ,~,,~,, ~ ~ ~~~ ~ ~~, witnesses, '~ ~ Apri12005. ~ ~ ~ ~ day of ,~ f N©TARIAL SEAL Si-IErLLY SEXTIJN, Notary Public Carlisle Boro, Cumberland County ~y Commission E~;pires April 26, 2007 ~_ Notary Pub ~ ~ ~•~ . -~