HomeMy WebLinkAbout07-26-11 (2)-~ REV-1500 Ex (01-10' 1505610143
PA De artment of Revenue ~ OFFICIAL USE ONLY
p pennsylvania County Code Year File Number
Bureau of Individual Taxes DEPARTMENT OF REVENUE
Po Box.28oso1 INHERITANCE TAX RETURN 2 1 1 1 0 0 7 1
Harrisburg, PA 17128-0601 RESIDENT DECEDENT
ENTER DECEDENT INFORMATION BELOW
Social Security Number Date of Death
185 03 1248 10 08 2010
Decedent's Last Name Suffix
GATES SR.
(If Applicable) Enter Surviving Spouse's Information Below
Spouse's Last Name Suffix
Spouse's Social Security Number
Date of Birth
11 28 1917
Decedent's First Name MI
PAUL ~ R
Spouse's First Name MI
THIS RETURN MUST BE FILED IN DUPLICATE WITH THE
REGISTER OF WILLS
FILL IN APPROPRIATE OVALS BELOW
® 1. Original Return ^ 2. Supplemental Retum
^ 4. Limited Estate ^ 4a. Future Interest Compromise
(date of death after 12-12-82)
® g Decedent Died Testate
(Attach Copy of Will) ^ 7 Decedent Maintained a Living Trust
(Attach Copy of Trust)
^ 9. Litigation Proceeds Received ^ 1 p, Spousal Poverty Credit (date of death
between 12-31-91 and 1-1-95)
^ 3. Remainder Retum (date of death
prior to 12-13-82)
^ 5. Federal Estate Tax Return Required
0
8. Total Number of Safe Deposit Boxes
^ 11. Election to tax under Sec. 9113(A)
(Attach Sch. O)
CORRESPONDENT -THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX: INFORMATION SHOULD BE DIRECTED TO:
Name Daytime Telephone Number
CRAIG A DIEHL ESQUIRE CPA 717 763 7613
First line of address
3464 TRINDLE ROAD
Second line of address
City or Post Office State
CAMP HILL PA
REGISTER OF WILLS USE ONLY
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Correspondent's a-mail address: c d i e h l@ c a d i e h I I a w. C O m
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 preparer other than the personal representative Is based on all information of which preparer has any knowledge.
SIGNATU RSO RES ONS LE FOR FtLIN6~&ETURN DATE
-_~_ ~r e ~ Paul R. Gates, Jr. ~~jg-/j
S
ADDRESS // / -
3464 Trindle Road, Camp Hill, PA 170114436 f
Side 1
L 1505610143 1505610143
to ~wi....a u..n,... c~~..__a ww__~_._:__~.._~ nw w~nrr
J
REV-1500 EX
decedent's Name: GATES , PAUL R . $ R .
Decedent's Social Security Number
1.85 03 1248
RECAPITULATION
' 120,000.00
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 8 Notes Receivable (Schedule D) .......................................................... 4.
42,937.00
5• Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E) ................ 5.
6. Jointly Owned Property (Schedule F) ^ Separate Billing Requested ............. 6. -
7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property
(Schedule G) ^ Separate Billing Requested ............. 7.
8. Total Gross Assets total Lines 1-7 1 6 2, 9 3 7. 0 0
( ) ....................................................................... 8.
9. Funeral Ex enses & Administrative Costs Schedule H
P ( ) .........................................
9. 9 ~ 5 5 4 8 3
10. Debts of Decedent, Mort a e Liabilities & Liens Schedule I
9 9 ( ) ................................
10. 7 7 ' 7 9
11. Total Deductions (total Lines 9& 10) ......................................................................
11. 9 6 3 2. 6 2
12. Net Value of Estate (Line 8 minus Line 11) ....................................
......................... 12. 15 3 , 3 0 4 . 3 8
13. Charitable and Governmental Bequests/Sec 9113 Trusts for which
an election to tax has not been made (Schedule J) ................................................. 13.
14. Net Value Sub'ect to Tax Line 12 minus Line 13
1 ( ) .................................................
14. 1 5 3 , 3 0 4 . 3 8
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.
16. Amount of Line 14 taxable
1 5 3
3 0 4
3 8
,
.
at lineal rate X .045 16.
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.
20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT.
Side 2
1505610243 1505610243
1505610243
6,898.70
6,898.70
J
REV-1500 EX Page 3
Decedent's Complete Address:
File Number 21 - 11 - 0 0 71
DE EDE T' NAME
Gates, Paul R. Sr.
STREET ADDRESS
58 West Keller Street
CITY
Mechanicsburg STATE
PA ZIP
17055
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.
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.
Total Credits (A + B)
(1) 6,898.70
(2) 0.00
(3) 0.00
(4)
(5) 6,898.70
Make Check Payable to: REGISTER OF WILLS, AGENT.
p
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 :.................................................................................. ^ a
b. retain the right to designate who shall use the property transferred or its income :.................................... ^ a
c. retain a reversiona interest; or .......................' ..........................................................................................
ry ^x
d. receive the promise for life of either payments benefits or care? .............................................................. ^ a
2. If death occurred after December 12, 1982, did decedent transfer property within one year of death without
receiving adequate consideration? .......................................................................................,,............................... ^ 0
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 designation? ...................................................................................................................... ^ 0
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 Jul 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. §91 ~6 (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 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 reffurn 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 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 12 percent [72 P.S. §9116 (a) (1.3)1. A
sibling is defined under Section 9102, as an individual who has at least one parent in common with the derdent, whether y blood or adoption.
. SCHEDULE A
COMMONWEALTH OF PENNSYLVANIA REAL ESTATE
INHERITANCE TAX RETURN
RESIDENT DECEDENT
FNLE NUMBER
ESTATE OF Gates, Paul R. Sr. 21 - 11 - 0071
All real property owned sole)y or as a tenant in common must be reported at fair market value. Fair market value is defined as the price
at which property would be exchanged between a willing buyer and a willing seller, neither being compelled to buy or sell, both having
reasonable knowledge of the relevant facts. Real property which is jointly-owned with right of survivorship must be disclosed on
schedule F.
Attach a copy of the settlement sheet if the property has been sold.
Include a copy of the deed showing decedent's interest if owned as tenant in common.
ITEM DESCRIPTION VALUE AT DATE OF
NUMBER DEATH
1 Residence Located at: 120,000.00
56 & 58 West Keller Street
Mechanicsburg, PA 17055
TOTAL (Also enter on Line 1, Recapitulation) ~ 120,000.00
SCHEDULE E
CASH, BANK DEPOSITS, & MISC.
COMMONWEALTH OF PENNSYLVANIA PERSONAL PROPERTY
INHERITANCE TAX RETURN
RESIDENT DECEDENT
FILE NUMBER
ESTATE OF Gates, Paul R. Sr. 21 - 11 - 0071
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.
ITEM
DESCRIPTION VALUE AT DATE OF
NUMBER DEATH
1 M&T Bank - CD #31003915188435 2,294.58
2 Verizon -Refund for Telephone Service 38.20
3 Internal Revenue Service -Income Tax Refund 209.00
4 Keystone Oil -Refund for Unused Oil 408.69
5 Real Estate Taxes -Credit at Settlement 366.49
6 Sewer & Refuse -Credit at Settlement 28.35
7 M&T Bank -Checking Account #23566167 39,591.69
TOTAL (Also enter on Line 5, Recapitulation) ~ 42,937.00
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCF~DULE H
FUNERAL DCPENSES &
ADNANISTRATNE COSTS
FILE NUMBER
ESTATE OF Gates, Paul R. Sr. 21 - 11 - 0071
Debts of decedent must be reported on Schedule I.
ITEM '
NUMBER FUNERAL EXPENSES: DESCRIPTION AMOUNT
A. 1 Auer Funeral -Cremation 1,556.00
B. ADMINISTRATIVE COSTS:
1. Personal Representative's Commissions
Name of Personal Representative(s)
Street Address
City State Zip
Year(s) Commission paid
2. Attorney's Fees Law Offices of Craig A. Diehl
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 Register of Wills, Cumberland County
5. Accountant's Fees
6. Tax Return Preparer's Fees
7. Other Administrative Costs
1 UGI Utilities, Inc. -Gas Heating Expense
3,000.00
319.50
44.90
TOTAL (Also enter on line 9, Recapitulation) 9,554.83
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT Schedule H
Funeral Expenses &
AdrrunlSti'd11Ve Costs COt'Ybnued
ESTATE OF Gates, Paul R. Sr.
FILE NUMBER
21 - 11 - 0071
2 United Water -Water Service Expense 95.49
3 PPL Electric Utilities -Electric Service 206.74
4 Sentinel -Estate Advertisement 187.54
5 Appraisal -Sale of Home .500.00
6 Dick Cassel -Cleaning/Removal 275.00
7 Dick Cassel - 500.00
8 Cumberland Law Journal -Estate Advertisement 75.00
9 Barry Heckard - 2011 Real Estate Taxes ~ 666.47
10 Sewer & Refuse - 2011 Expenses 212.65
11 Settlement Charges from Sale of Residence 5.00
12 Law Offices of Craig A. Diehl -Reimbursement for Certified Mailing of DPW Letter 5.54
13 Register of Wills, Cumberland County -Filing Fee for Inheritance Return 15.00
14 Register of Wills, Cumberland County -Renunciation Filing Fees 15.00
15 Patriot News Company -Obituaries 600.00
16 Smith Exteriors -Chimney Repairs 1,275.00
Page 2 of Schedule H
SCHEDULEI
DEBTS OF DECEDENT, MORTGAGE
COAMAONWEALTHOFPENNSYLVANIA LIABILITIES & LIENS
INHERITANCE TAX RETURN f
RESIDENT DECEDENT
FILE NUMBER
ESTATE OF Gates, Paul R. Sr. 2:1 - 11 - 0071
Report debts incurred by the decedent prior to death that remained unpaid at the date of death, including unreimbursed medical expenses.
ITEM .DESCRIPTION AMOUNT
NUMBER
1 Verizon -Final Telephone Bill 31.02
2 UGI -Final Gas Bill 46.77
TOTAL (Also enter on Line 10, Recapitulation) ~ 77.79
REV-1513 EX+ (11-08)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE J
BENEFICIARIES
ESTATE OF Gates, Paul R. Sr. FILE NUMBER
21 - 11 - 0071
NUMBER
NAME AND ADDIRESS OF PERSON(S)
RECEIVING PROPERTY RELATIONSHIP TO
DECEDENT
Do Not Llst Trustee(s) SHARE OF ESTATE
(Words) AMOUNT OF ESTATE
($$$)
I. TAXABLE DISTRIBUTIONS [include outright spousal
distributions, and transfers
under Sec. 9116 (a) (1.2)]
1 Janet M. Gates Daughter 1/4 ~of Residue
1069 P Allendale Road
Mechanicsburg, PA 17055
2 Phoebe R. Gates Daughter 1/4 Hof Residue
35 Blue Mountain Vista
Mechanicsburg, PA 17050
3 C. Elaine Junstrom Daughter 1/4 of Residue
35 Blue Mountain Vista
Mechanicsburg, PA 17050
Enter dollar amounts for distributions shown above on lines 1 5 through 18 on Rev 1500 cover sheet, as appropriate.
II NON-TAXABLE DISTRIBUTIONS:
I A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NC)T TAKEN
B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS
TOTAL OF PART II -ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET 0.00
REV-1513 EX+ (9-00)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
Gates, Paul R. Sr.
SCHEDULE)
BENEFICIARIES continued
FILE NUMBER
21-11-0071
NUMBER
NAME AND ADDRESS OF PERSON(S)
RECEIVING PROPERTY RELATIONSHIP TO
DECEDENT
Do Not Llst Trustee(s) SHARE OF ESTATE
~ (Words) AMOUNT OF ESTATE
($$$)
I. TAXABLE DISTRIBUTIONS [include outright spousal
distributions, and transfers
under Sec. 911fi (a) (1.2)]
4 Paul R. Gates, Jr. Son 1/4 of Residue
58 West Keller Street
Mechanicsburg, PA 17055
Page 2 of Schedule J
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LAST WILL AND TESTAMENT ~_:~?`~~~ ~', . t~~
OF Y `"~
PAUL R. GATES
1, PAUL R. GA I'ES, no`v of 5$ ~~~. keller Street, r~lechanicsburg, Cumberland County,
Pennsylvania,17055, do publish and declare this to be my Last Will and Testament, hereby revoking
all other prior wills and codicils made by me.
FIRST: Family Background and Appointment of Executor.
(A) Family and Background Information. I am not married, my wife, Vonnie, having
predeceased me. 1 have four children. The names of my children are JANE`1' M. (TA'I'ES,
ELAINE JUNSTROM, PAUL R. GATES, JR. and PHOEBE R. GATES. Throughout this Will,
JANET M. GATES, ELAINE JUNSTROM, PAUL R. GATES, JR. and PHOEBE R. GATES
will be referred to as "my children." The word "issue" will include my children as well as my other
descendants.
(B) Appointment of Executor. I appoint as my Executor/Executrix (all hereinafter
referred to as Executor or Executor(s) under this Will), the following named. persons or corporations
to serve without bond and without being required to account to any Court:
Executor: My children, JANET M. GATES, ELAINE JUNSTROM,
PAUL R. GATES, JR., and PHOEBE R. GATES, to act
jointly or individually,. or the survivor of them.
SECOND: Funeral and Last Illness Expenses; Taxes.
(A) Expenses of Funeral and Last Illness. I direct my Executor to pay my funeral
expenses and the expenses of my last illness from my estate.
(B) Taxes. I direct my Executor to pay any and all estate, inheritance, succession, legacy,
transfer and other death taxes or duties, by whatever name called, including any and all interest and
penalties thereon, imposed under the laws of any jurisdiction by reason of my death upon or with
respect to any and all property included in my gross estate for the purpose of such taxes, whether
such property passes under or outside of this Will. Without any apportionment otherwise required
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LAST WILL AND TESTAMENT
OF
PAUL R. GATES
PAGE 2
bylaw and without being prorated or apportioned among or charged against the respective devises,
legatees, beneficiaries, transferees, or other recipients of any such property or charged against any
property passing or which may have passed t~ any of them, I direct that any taxes so paid shall be
charged against m_y residuar_y estate. My Executor shall not be entitled to reimbursement for any
portion of any such taxes from any such person. r
THIRD: Tangible Personal Property. Except for those items excluded below and those
items enumerated in the Letter of Instruction, I bequeath all my tangible personal property, including
but not limited to clothing, jewelry, heirlooms, furniture, household furnishings, personal effects,
motor vehicles, and all other similar articles, which I own, and the insurance thereon, to my children,
JANET M. GATES, ELAINE JUNSTROM, PAUL R. GATES, JR. and PHOEBE R. GATES,
living at the time of my death, to be divided among them as they may select in as nearly equal shares
as i s practical .
If any of my children, JANET M. GATES, ELAINE JUNSTROM, PAUL R. GATES,
JR. and PHOEBE R. GATES, do not survive me, I leave such tangible personal property to the
issue of my predeceased child, per stirpes. If there is any disagreement as to distribution, I direct my
Executor to make such distribution. The decision of my Executor shall be final and binding. Any
items not selected or any items which my Executor considers unsuitable for my children may be
distributed or sold in the sole discretion of my Executor and, if sold, the net proceeds therefrom shall
be added to the residue of my estate. Any such article allocated to a minc-r may, as my Executor
deems advisable, either be delivered to the minor or to any person to safc~guard on behalf of the
minor.
Notwithstanding any other provisions in this Article THIRD, I may leave a separate, dated
and unsigned Letter of Instruction, which I shall place with my Will, containing directions as to the
ultimate disposition of certain of the property bequeathed under this Article THIRD, and such Letter
of Instruction shall determine the distribution of such items.
FOURTH: Residuary Estate. I devise and bequeath all of the rest, residue and remainder
of my estate, real, personal and mixed, of whatever nature and wherever situated to which I am
legally or equitably entitled, in equal shares to my children, JANET M. GATES, ELAINE
JUNSTROM, PAUL R. GATES, JR. and PHOEBE R. GATES. If any of my children predecease
me, then the predeceased child's share shall he distributed to the predeceased child's issue, per
stirpes. If any of my children predecease me without surviving issue, then I leave such predeceased
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LAST WILL AND TESTAMENT
OF
PAUL R. GATES
PAGE 3
child's share to my surviving children, in equal shares, per stirpes. By this devise and bequest of my
residuary estate, I hereby exercise all Powers of Appointment I possess at the time of my death.
FIFTH: Powers of Executor. In addition to the powers and duties as may have been
granted elsewhere in this Will, but subject to any limitations stated elsewhere in this Wi11, the
Executor shall have and exercise exclusive management and control of the l~state and shall be vested
with the following specific powers and discretion, in addition to the powers as maybe generally
conferred from time to time upon the Executor by law:
(A) In the management, care and disposition of the Estate, the Executor shall have the
power to do all things and to execute such instruments, deeds, or other documents as may be deemed
necessary or proper, including the following powers, all of which maybe exercised without order
of or report to any Court:
(1) To sell, exchange or otherwise dispose of any property at any time held or
acquired hereunder, at public or private sale, for cash or on terms, without advertisement,
including the right to lease for any term notwithstanding the period of the Estate, and to grant
options, including any option for a period beyond the duration of the Estate.
(2) To invest all monies in such stocks, bonds, securities, mortgages, notes, choses
in action, real estate or improvements thereon, and any other property as the Executor may
deem best, without regard to any law now or hereafter enforced :limiting investments of
fiduciaries.
(3) To retain for investment any property deposited with the Executor hereunder.
(4) To vote in person or by proxy any corporate stock or other security and to agree
to or take any other action in regard to anyreorganization,merger, consolidation, liquidation,
bankruptcy or other procedure or proceedings affecting any stock, bond, note or other
security.
(5) To use attorneys, real estate brokers, accountants and other agents, if such
employment is deemed necessary or desirable, and to pay reasonable compensation for their
services.
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LAST WILL AND TESTAMENT
OF
PAUL R. GATES
PAGE 4
(6) To compromise, settle or adjust any claim or demand by or against the Estate and
to agree to any rescission or modification of any contract or agreerrient affecting the Estate.
(7) To renew any indebtedness, as well as to borrow money, and to secure the same
by mortgaging, pledging or conveying any property of the Estate.
(8) To retain and carryon any business in which the Estate may acquire an interest,
to acquire additional interest in any such business, to agree to the liquidation in kind of any
corporation in which the Estate may have an interest and to carry ort the business thereof, to
join with other owners in adopting any form of management for any business or property in
which the Estate may have an interest, to become or remain a partner, general or limited, in
regard to any such business or property and to hold the stock or other securities as an
investment, and to employ agents and confer on them authority to manage and operate the
business, property or corporation, without liability for the acts of such agent or for any loss,
liability or indebtedness of such business if the management is sf:lected or retained. with
reasonable care.
(9) To register any stock, bond or other security in the name of a nominee, without
the addition of words indicating that such security is held in a fiduciary capacity, but accurate
records shall be maintained showing that such security is a Estate asset and the Executor
shall be responsible for the acts of such nominee.
(B) Whenever the Executor is directed to distribute any Estate assets in fee simple to a
person who is then under twenty-one (21) years of age, the Executor shall be authorized to hold such
property in Trust for such person until he/she becomes twenty-one (21) years of age, and in the
meantime shall use such part of the income and the principal of the Estate as the Executor may deem
necessary to provide for the proper support and education of such person. If'such person should die
before becoming twenty-one (? 1) _years of age, the property then remaining in trust shall be
distributed to the personal representative of such person's estate.
(C) In making distributions from the Estate to or for the benefit of any minor or other
person under a legal disability, the Executor need not require the appointment: of a guardian, but shall
be authorized to pay or deliver the same to the custodian of such person, to pay or deliver the same
to such person without the intervention of a guardian, to pay or deliver the same to a legal guardian
of such person i f one has already been appointed, or to use the same for the benefit of such person.
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LAST WILL AND TESTAMENT
OF
PAUL R. GATES
PAGE 5
(D) In the disbursement of the Estate and any division into separate trusts or shares, the
Executor shall be authorized to make the distribution and division in money or in kind, or both,
regardless of the basis for income tax purposes of any property distributed or divided in kind, and
the distribution and division made and the values established by the Executor shall be binding and
conclusive on all persons taking hereunder. The Executor may in making such distribution or
division allot undivided interests in the same property to several trusts or shares.
(E) The Executor shall be authorized to lend or borrow, including the right to lend to or
borrow from any trusts which I may have established during life or by will at an adequate rate of
interest and with adequate security, and upon such terms and conditions as the Executor shall deem
fair and equitable.
(~ The Executor shall be authorized to sell or purchase at the fair .market value as
determined by the Executor, any property to or from any trust created by rr~e during life or by Will,
even though the same person or corporation maybe acting as Executor of'my estate or as Trustee
of any of my other trusts.
(G) The Executor shall have discretion to determine whether items should be charged or
credited to income or principal or allocated between income and principal as the Executor Inay deem
equitable and fair under all the circumstances, including the power to amortize or fail to amortize
any part or all of any premium or discount, to treat any part or all of the profit resulting from the
maturity or sale of any asset, whether purchased at a premium or at a discount, as income or principal
or apportion the same between income and principal, to apportion the sales price of any asset
between income and principal, to treat any dividend or other distribution of any investment as
income or principal, or apportion the same between income and principal, to charge any expense
against income or principal or apportion the same, and to provide or fail to provide a reasonable
reserve against depreciation or obsolescence on any assets subject to depreciation or obsolescence,
all as the Executor may reasonably deem equitable and just under all the circumstances. If the
Executor does not exercise the above discretionary power, the cash or accrual allocation shall be in
accordance with Chapter 81 of Title 20 of the Pennsylvania Consolidated Statutes, or the
corresponding provisions of subsequent state law.
(H) If at any time the total fair market value of the assets of any trust established or to be
established hereunder is so small that the corporate Trustee's annual fee for administering the trust
would be the minimum annual fee set forth in the Trustee's regularly published fee schedule then,
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LAST WILL AND TESTAMENT
OF
PAUL R. GATES
PAGE 6
in effect, the Trustee in its discretion shall be authorized to terminate such trust or to decide not to
establish such trust, and in such event the property then held in or to be distributed to such trust shall
be distributed to the persons who are then or would be entitled to the income of such trust. If the
amount of income to be received by such persons is to be determined in the discretion of the Trustee,
then the Trustee shall distribute the property among such of the persons to whom the Trustee is
authorized to distribute income, and in such proportions, as the Trustee in its discretion shall
determine.
(I) Except as otherwise provided in this Will, when the authority and power under this
Will is vested in two (2) or more Executors or Trustees, the authority and powers are to be held
jointly by the Executors or Trustees, respectively. A majority of the Executors or Trustees may
exercise any authority or power granted under this Will or granted by law,, and may act under this
Will. Any attempt by one such Executor or Trustee to act under this Will on other than ministerial
acts shall be void. The action of one such Executor or Trustee under this Will maybe validated by
a subsequent ratification of the act by a majority of the Executors or Trustees.
SIXTH: Rights and Liabilities of Executor and Trustee.
(A) No bond or other security shall be required of any Executor:
(B) This instrument always shall be construed in favor of thf; validity of any act or
omission by any Executor, and any Executor shall not be liable for any act or omission except in the
case of gross negligence, bad faith or fraud. Specifically, in assessin,~ the propriety of any
investment, the overall performance of the entire Estate shall be taken into account.
(C) Each Executor shall be entitled to receive reasonable compensation for services
actually rendered to my estate, in an amount the Executor normally and customarily charges for
performing similar services during the time which he/she performs the ser<~ices.
SEVENTH: Tax Elections.
(A) In determining the estate, inheritance and income tax liability relating to my Estate,
the Executor's decision as to all available tax elections shall be conclusive on all concerned. If the
Executor joins with my spouse in filing income tax returns, or consenting for gift tax purposes to
having gilts made by either of us during my life considered as having been made one-half by each
~.
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LAST WILL AND TESTAMENT
OF
PAUL R. GATES
PAGE 7
of us, any resulting liability shall be borne by my Estate and my spouse in such proportions as they
may agree. In accordance with IRC Section 2632(a) and without regard to whether a Federal estate
tax return is actually filed, my Executor shall allocate so much of the FedE;ral Generation Skipping
Transfer (GST) exemption amount as will fully exempt any generation skipping transfer which may
occur under this Will.
(B) The Executor may, in its discretion, determine the date as of which my gross estate
shall be valued for the purpose of determining the applicable tax payable ~by reason of my death.
(C) The Executor may, in its discretion, decide whether all. ~r any part of certain
deductions shall be taken as income tax deductions (even though they may equal or exceed the
taxable income of my estate and whether or not claimed or of benefit on my estate's income tax
return) or as estate tax deductions when a choice is available; and in the event that all or any part of
such deductions are taken as income tax deductions, no adjustment of income and principal accounts
in my estate shall be made as a result of such decisions.
EIGHTH: Spendthrift Provision. No beneficiary shall have t:he -power to anticipate,
encumber or transfer his or her interest in the estate in any manner other than by the valid exercise
of a power of appointment. No part of the estate shall be liable for or charged with any debts,
contracts, liabilities or torts of a beneficiary or subject to seizure or other process by any creditor of
a beneficiary.
NINTH: Definitions and General Provisions.
(A) Survival. Any beneficiary who dies within sixty (60) days after my death shall be
considered not to have survived me.
(B) Cations. The captions set forth in this Will at the beginning of the various articles
hereof are for convenience ofreference only and shall not be deemed to define or limit the provisions
hereof or to affect in any way their construction and application.
(C) Children. As used in this Will, the words "child" and "children" shall include
persons who are legally adopted and the issue of said persons, whether born in or out of wedlock,
so long as any person born out of wedlock is acknowledged in a written instrument executed by the
one of their natural parents who is a descendant ofmine to be the child of said descendant. The word
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~~ ~. ~ ";.
LAST WILL AND TESTAMENT
OF
PAUL R. GATES
PAGE 8
"issue" shall include descendants of all generations including adopted pers~~ns. A posthumous child
shall be considered as living at the death of his parent. The birth to me oi- the adoption by me of a
child or children subsequent to the execution of this Will shall not operate to revoke this Will.
(ll} C:ode. Unless othet-wise stated, all references in my Will to section and chapter
numbers are to those of the Internal Revenue Code of 1986, as amendE;d, or the corresponding
provisions of any subsequent federal tax laws applicable to my estate.
(E) Other terms. The use of any gender includes the other genders, and the use of either
the singular or the plural includes the other.
IN WITNESS WHEREOF, I, PAUL R. GATES, the Testator, have to this my Last Will
and Testament, typewritten on nine (9) pages, including the Acknowledgment and Affidavit, set my
hand and seal this ~ day of June, 2007.
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FAUL R. GAT S
Signed, sealed, published and declared by the above-named Testator, as and for his Last Will and
Testament, in the presence of us, who have hereunto subscribed our names at his request, as
witnesses hereto, in the presence of the said Testator, and in the presence of each other. Each of us
further declares that he or she believes the Testator to be of sound mind and :memory. The preceding
instrument consis~o~~this and eight (8) other consecutively numbered typewritten pages including
the Acknowled~mer~,t` and Affidavit.
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P 7
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ACKNOWLEDGMENT AND AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
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COUNTY OF CtTMBERLAND
The Testator and the witnesses whose names are signed and subscribed to the attached or
foregoing instrument, being first duly sworn and qualified according to law, do hereby acknowledge,
depose and say to the undersigned authority, that the Testator signed and executed the instrument
as his Last Will in the presence of the witnesses; that he signed it willingly or willingly directed
another to sign it for him; that he executed it as his free and voluntary act for the purposes therein
expressed; that each of the witnesses were present and saw the Testator sign and execute the
instrument as his Last Will; that each subscribing witness in the hearing and sight of the Testator
signed the will as witnesses; and that to the best of their knowledge the Testator was at that time
eighteen years of age or older, of sound mind and under no constraint or undue influence.
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Witness
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Witness
Sworn to or affirmed, subscribed to, and acknowledged, before me by the above-named
Testator and witnesses, this ~~r day of June, 2007.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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Notary Public
My Commission Expires:
UO~/INiGiVWE~1i_'7 i-~ OF F'i=iVi~,~;YLV:~t~ki~
hJc~tarial Seal
Victoria M. F~anlcin, Notary Public
Wormleysb~g Boro, CumDerlana County
My Cornmi~sicn Expires Aug. 27, 2010
Memher, Pennst~l~~;zri- A^s~ciati~n of Rlotarias