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Home My WebLink About07-19-11 (2) 1505610105 REV-1500 Ex ~°Z-11' ~~' PA Department of Revenue pennsylvania OFFICIAL USE ONLY DEP~NTMENT OF NEVENUE Count! Code Year File Number Bureau of Individual Taxes INHERITANCE TAX RETURN PO BOX 280601 ~ ~ RESIDENT DECEDENT `' ( ~ ~ ~ ~ ' Harrisburg, PA 1 7128-o6oi ; ENTER DECEDENT INFORMATION BELOW 7"`- Social Security Number Date of Death MMDDYYYY Date of Birth A4MDDYYYY 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 OVALS BELOW O 1. Original Return m 2. Supplemental Return _ .rZ "'~ O 3. Remainder Return (Date of Death Prior to 12-13-82) O 4. Limited Estate O 4a. Future Interest Compromise (date of p 5. Federal Estate Tax Return Required death after 12-12-82) C~ 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 Daytirne Telephone Number Taylor P Andrews, Esq (71 i') 243-0123 First Line of Address 78 W Pomfret St Second Line of Address Ciry or Post Office Carlisle State ZIP Code PA j7~~~ ~"~ REGISTER ~ LS USE ONLY ``~ # ~ ''Z ~" C ~` ~ ~ j + ... I ~~ ~ ~ ~... _._y, ±s'~ ~ ~ fS ` ~ 7 7 ~^' ~:~ C~ ~ ~3 ......I `. `' _, DATE FILED ~ ~ ~' < Correspondent's a-mail address: tpandrews@pa.net Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the hest of my knowledge and belief, it is true, con-ect and complete. DeGaration of preparer other than the personal representative is based on all information of which preparer has any knowledge. SIGNAT~I R~RSO~ESPQ BLE F R FILING RETU ~. ~AT I ~ -~ ICI AUDKE~6 L.(,w~ ~~P~~ d~ ~-K r l ~ S/f~ P~ / lJ ~ 1 W . ~ ~/ ~ SIGNATURE OF PREPARER OTHER THAN REPRESENTATIVE DATE ADDRESS PLEASE USE ORIGINAL FORM ONLY L 1505610105 Side 1 1505610105 ;~t' r.~ ^j ii44 --~-- -. } J n^ Any y~~- 1505610205 REV-1500 EX (FI) Decedent's Social Security Number Decedent's Name: Elaine S Stephan 140-14-1048 RECAPITULATION 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. 45,415.45 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. 45,415.45 9. Funeral Expenses and Administrative Costs (Schedule H) ................... 9. 1,200.00 10. Debts of Decedent, Mortgage Liabilities and Liens (Schedule I) ............... 10. 11. Total Deductions (total Lines 9 and 10) ................................. 11. 1,200.00 12. Net Value of Estate (Line 8 minus Line 11) .............................. 12. 44,215.45 ', 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. 44,245.45 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 44,245.45 16. 1,991.05 17. Amount of Line 14 taxable at sibling rate X .12 17. 18. Amount of Line 14 taxable at collateral rate X .15 1 g, 19. TAX DUE ......................................................... 19. 1,991.05 20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT O Side 2 1505610205 15.05610205 J REV-1500 EX (FI) Page 3 Decedent's Complete Address: File Number DECEDENT'S NAME Elaine S Stephan STREET ADDRESS 51 Spruce Circle CfTY Newville STATE PA ZIP I „7~ ~ j Tax Payments and Credits: 1. Tax Due (Page 2, Line 19) 2. Credits/Payments A. Prior Payments B. Discount 3. Interest 4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT. Fill in oval 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. Total Credits (A + 6) (2) (3) (4) (5) 1,991.05 89.60 2,080.65 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: 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 de~~th? .............. ^ 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)). For dates of death on or after Jan. 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 pen,ent, 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)]. 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. 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 e:>tate All property jointly-owned with Right of Survivorship must be disclosed on Schedule F ITEM DESCRIPTION VALUE AT DATE NUMBER OF DEATH 1 MetLife Total Control Account #4044563048 $45,415.45 Death benefits paid out to Account from death of Paul Stephan, Jr. [see attached letter dated June 23, 2011 stating date of death value] This asset was not discovered by the Executor until May 2011. The taxable nature of this asset was not realized until June 2011. i ~ TOTAL (also on line 5, Recapitulation) $45,415.45 MetLife and Affiliates TCA Administration PO Box 6511 Utica, NY 13504-6511 1-800-638-7283 June 23, 2011 ANDREWS AND JOHNSON 78 W POMFRET STREET CARLISLE, PA 17013 Re: Total Control Account # 4044563048 Metropolitan Life Insurance Company Dear Sir/Madam, MetLife In response to your request for the date of death balance, the date of death balance is $45,415.45. If you have any questions or require further assistance, please call our T(~A Customer Service department at (800-638-7283) Monday through Friday 8:OOa.m. through 6:00 p.m. Eastern Time. Sincerely, TCA Administration Services Note: Metropolitan Life Insurance Company provides administrative services for Total Control A~~counts issued by its affiliates. tca.0052.rev.01 MetLife Total Control Account PO Box 6511 Utica, NY 13504-6511 1-800-638-7283 Apri129, 2011 PAUL STEPHAN III 1807 RUGBY PL CHARLOTTEVILLE VA 22903-1624 Re: 4044563048 Metropolitan Life Insurance Company Dear Mr. Stephan MetLife Enclosed is a claimant's statement for the Met Life Total Control Account® of'the late Elaine Stephen. A search of our records for this account shows that a specific beneficiary or tracst was not designated for this account. The proceeds of this account will be payable to the estate. In order to pay the estate, we require all of the following documents. • A COMPLETED CLAIMANT'S STATEMENT. • A CERTIFIED DEATH CERTIFICATE. • CERTIFIED COURT APPOINTED PAPERS NAMING THE EXECUTOR OR ADMINISTRATOR OF THE ESTATE. SMALL ESTATE AFFIDAVIT IF ESTATE QUALIFIES • TAX IDENTIFICATION NUMBER * USE SS-4 FORM WHICH IS ENCLOSED. PLEASE FOLLOW DIRECTIONS ON BACK OF FORM ON "HOW TO APPLY" Please note that in Section D, the representative must submit the Tax Identification Number (TIN) for the estate. If no TIN exists, the representative should apply for one, and should indicate in Section D~ that it is being applied for. Section 6049 of the Internal Revenue Code requires payers of contractual interest totaling $10.00 or more during a calendar year to any payee to report such amounts to the IRS on a form 1099-INT. "Section 6109 of the Code and Section 301.6109-1 of the Income Tax Regulations require an estate to furnish payers to file an information return with the Taxpayer Identification Number (TIN) of the estate." In Re. Rul. 84-73, 1984-1 CB 240, the (IRS) stated that payers of interest must report: such amounts to the IRS on form 1099-INT using the TIN of the person to whom the account is payable. The re~~enue ruling further provides that the decedent's social security number is used only to report interest payable until the date of death. From the date of death, interest is either reported using the estate's TIN or the TIN of the surviving owner, if any. The social security number of the executor may not be used unless the executor is the named beneficiary of the account. [See also Rev. Rul. 64-99, 1964-1 (part 1) CB 482.] Failure by a payee to provide a proper TIN to the payer of interest may subject the payee to IRS penalties. Furthermore, section 3406 of the Code requires that a payee of interest reportable under section 6049 of the Code must provide a TIN, certified under penalties of perjury, to the payer on an IRS Form Vii'-9 or acceptable substitute. Where the account already exists, failure to provide such certified TIN will require the Layer to withhold 28% federal income tax from the interest payable until a certified TIN is provided. If you have questions, please call our Customer Service Representatives toll-free at 1-8C~0-638-7283. They are available Monday through Friday, 8:00 a.m. to 6:00 p.m., Eastern Time. Sincerely, TCA Administrative Services Metropolitan Life Insurance Company provides administrative services for Total Control Accounts issued by its affiliates. Note: Metropolitan Life Insurance Company (MLIC) provides administrative services for Total Control Accounts issued by MLIC or its affiliates. tca..rev. ANDREWS & JOHNSON Attorneys at Law 78 West Pomfret Street Carlisle, PA 17013-3216 TAYLOR P. ANDREWS RONALD E. JOHNSON Telephone (717) 243-0123 Telefax (717) 243-0061 June 15, 2011 Fax only to 315 792-6849 TCA Administration MetLife and Affiliates PO Box 6511 Utica, NY 13504-6511 Re: Request for date of death value [2-28-2010] for TCA # 4044563048 Dear Sir or Madam, The above referenced account belonged to Elaine S. Stephan and'. held the death benefit paid upon the death of Paul Stephan, Jr.. Elaine S. Stephan died on February 28, 2010. I have been appointed as Executor of her estate. I have previously sent a death certificate and short certificate evidencing Mrs. Stephan's death and my appointment. This vas necessary for the account to be closed. Only recently did I realize that this account existed before Mrs. S;tephan's death and that it did not contain death benefits paid from insurance on her life. With the understanding that I now have, I must report this asset for Inheritance tax purposes to the Pennsylvania Department of Revenue. Please send to me a letter setting forth the value of this account a;~ of February 28, 2010. If there are any problems honoring this request, please contact my office promptly. TPA Very truly yours, SCHEDULE H FUNERAL EXPENSES, ADMINISTRATIVE COSTS AND MISCELLANEOUS EXPENSES ESTATE OF FILE NUMBER Elaine Scholten Stephan 21-10-0249 Debts of decedent must be reported on Schedule I. ITEM DESCRIPTION AMOUNT NUMBER 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 to Andrews & Johnson $1,200.00 3 Family Exemption Claimant Street: City: State & Zip Relationship of Claimant to Decedent: 4 Probate Fees to Register of Wills ~ '1'U'1'AL (also on line 9, Recapitulation) $1,200.00 SCHEDULE J BENEFICIARIES ESTATE OF FILE NUMBER Elaine Scholten Ste han 21-10-0249 ITEM NUMBER NAME AND ADDRESS OF BENEFICIARY RELATIONSHIP AMOUNT OR SHARE Do Not List Trustee(s) OF ESTATE I TAXABLE DISTRtBUTiONS (include outright spousal distributions, and transfers under Sec. 91 IG(axll)J 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 I/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 H Grand h'ld 1/9 'd armon c >_ resi ue 302 Cole Dr., Huntsville, AL 35802 II NON-TAXABLE DISTRIBUTIONS: 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 h~ ~, ,~ w~ ~~ ~~ ~~ .. I, ELAINE SCHOLTEN STEPHAN, of Newville, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and L~.nderstanding, 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. FIRST I direct the payment of my just debts and expenses of m:,~ 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 :[ shall leave no separate memorandum, or with regard to my other tangible personal property (not including cash or securities) not referenced by such memorandum., I bequeath such property to my children, JANET STEPHAN HARMON and PAUL BROOKI~ STEPHAN III, to be divided among them by my Executor with due regard for his and leer 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 HARMC>N. If she fails to survive me, this sum shall be added to tl~e share held in Trust ~Eor the beneft of her children. (2) One-third (1/3) to the STEPHAN CHILDRJ?N 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, <r \'~ WILLIS SPAULDING Executive Trustee EIN 54-6349402 to be administered ~ ( ) ~, pursuant to the terms and conditions of said Trust. °~'t ~`% share of m estate I - ~ve~ devise and ~ (~ The rema~rung one-ha.lf (1/3) y g , bequeath unto my daughter, JANET STEPHAN HARMON;, as Trustee, to hold ~ ~~ and share in Trust for the- benefit ~of her children; upon the f~iiowing terms and ~~J R ~ ~~ 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 R~ ~~ are children of JANET STEPHAN H[ARMON surviving at my death, and ~!'~~ JANET STEPHAN P[ARMON shall administer eacr~ Trust separately in accordance with the following instructions: ~~ ~\J ~~~: ~;,. ~\ `~ ~~ 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 ~:[ARMON. c. The payments authorized by this Trust may be, in the sole opinion of the Trustee, made directly to th.e beneficiary or to any institution entitled to such payment by reason of se-rvices rendered or to be rendered to any of said beneficiary. d. All, payments of principal and incom~< hereby given shall be 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 Z,ru.st shall not survive to receive final distribution, the Trust shall be distributed to the issue of the beneficiary., and in default of such issue, to my other grandchildre:r~ by JANET STEPHAN F[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 B~RLTE:E ALAN~~~:[~~RMON be appointed as Substitute Trustee. FOURTH I direct that any and all inheritance, estate, and transfer taxe;~ imposed upon my estate passing under this Will or otherwise shall be paid out of the principal of my residuary estate. FIFTH In addition to the powers conferred by law, I authc-rize 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 stock;, 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 foram part of my estate, l~ ~~ for the payment of debts or taxes, or for any purpose of administration or distribution, for such prices and upon such terrris as my personal ~~ re resentative, in his/her sole discretion, ma deem ~~vise, and to execute p Y ~ ~~ 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. SIXTH 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, tru~;tee 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 ST~EPHAN, 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. C~ Elaine Scholten Stephan ~ Signed, sealed, published and declared by the above-rained Testatrix, ELAINE SCHOLTEN STEPHAN, as and for her Last Will and Testament, in the presence of us, who, at her request, in her sight and presence, and in the sight and presence of each other, have hereunto subscribed our names as witnesses. ;~ ~ ~ --,. ~,: ~~ ~-, --. ~~ ! ; '~ ~ ~ ~ ~~ i~~~~` ~ ~ ~. ~/ ,f COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) WE, ELAINE SCHOLTEN STEPHAN, TAYLOR P. ANDREWS, and ~ ~ ~ ~ +~ the Testatrix and witnesses, respectively, whose names are signed to the foregoing or attached instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testatrix signed and exe~:,uted 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 expres;~ed, and that each of the witnesses, in the presence and hearing of the Testatrix, signed the Will as witnesses and that to the best of their knowledge the Testatrix was at the time eilghteen (18) or more years of age, of sound mind and under no constraint or undue influence. ELAINE S~I-QLTEN STEPHEN, Testatrix Subscribed, .sworn to and acknowledged before me by Elaine Scholten Stephan, the Testatrix, and s ~ scribed to and sworn or affirmed to before one by TAYLOR P. ANDREWS and ~~., ~ ~~~~ U ~~, witnesses, ~- ~~ ~' day of Apri12005. ~-,, ~ ~ !~ NQTARIAL SEAL ---__~__ Si-TELLY SEXT~JN, Notary Public Carlisle Bore, Cumberland County My Commission Expires April 26, 2007 " ~` SEAL) ~_ ,~ 4~ Notary Pub Y ~ , ' i .a, , „ :. ,. ,~ • ~{ •:. *"~ • s •.~ M ,~ •~ », Ta~1or1P. Andrews, Witness