HomeMy WebLinkAbout12-02-11 (2),~ ,
~1
RED/-1500 Ex ~°'-'°'
PA Dep rtment of Revenue
Bureau f Individual Taxes
PO BOX 280601
Harrisbu , PA 17128-0601
ENTER DECEDENT INFORMATION BELOW
Social Security Number ', Date of Death
1505610140
OFFICIAL USE ONLY
County Code Year File Number
INHERITANCE TAX RETURN 2 1 1 1 0 8 1 5
RESIDENT DECEDENT
MMDDYYYY Date of Birth MMDDYYYY
1 8 2 4 6 4 4 8 1 0 7 0 9 2 0 1 1 0 7 2 4 1 9 5 5
Decedents Last Name ~ Suffix Decedent's First Name MI
O' Br i e ~ Mi chael E
(If Applicable) Enter Surv iving Spouse's Information Below
Spouse's Last Name Ii Suffix Spouse's First Name MI
Spouse's Social Security umber
i THIS RETURN MUST BE FILED IN DUPLICATE WITH THE
REGISTER OF WILLS
FILL IN APPROPRIATE O ALS BELOW
^X 1. Original Return ~ 2. Supplemental Return ~ 3. Remainder Return (date of death
prior to 12-13-82)
4. Limited Estate I ~ 4a. Future Interest Compromise (date of ~ 5. Federal Estate Tax Return Required
death after 12-12-82)
^X 6. Decedent Died T state ~ 7. Decedent Maintained a Living Trust ~ 8. Total Number of Safe Deposit Boxes
(Attach Copy of ill) (Attach Copy of Trust)
9. Litigation Proce s Received ~ 10. Spousal Poverty Credit (date of death ~ 11. Election to tax under Sec. 9113(A)
between 12-31-91 and 1-1-95) (Attach Sch. O)
CORRESPONDENT - THI SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED T~
Name Daytime Telephone Number
S t e v e n R. S n y d e r E s q 7 1 7 2 4 1 6 0 7 0
REGISTER OF WILLS USE ONLY
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n
First line of address _
~- ~ '_'" -_r_ .: ; 't
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Romi n g ~
r & Ass oci at es -,-.?_c~
Second line of address l>'` ~ I
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1 55 So t h Ha no ver St r eet .-~
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City or Post Office ;-
State ZIP Code ~ TE FILED "'' _
~~ ~~ ~ ~.._ ~~
C a r l i s l _~-- ~~ o
a P A 1 7 0 1 3
Correspondent's a-mail ddress:
Under penalties of perjury, I dec are 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. eclaration of preparer other than the personal representative is based on all information of which preparer has any knowledge.
SIG OF P P LE FOR FILING RETURN DATE
~~
ADDRESS
155 South Hanov r Street Carlisle P 17013
SIGN URE F P EPARE ~ N R RESE TATIVE ~~ to ~ r
!~
ADDRESS
9390 Grand Falls rive Jacksonville FL 32244
PLEASE USE ORIGINAL FORM ONLY
Side 1
150561 0140 1505610140
1505610240
REV-1500 EX
Decedent's Social Security Number
Decedent's Name: iv~ lchaei E. O'Brien 1 8 2 4 6 4 4 8 1
RECAPITULATION
1. Real Estate (Schedu le A) ...................................... ..... 1.
2. Stocks and Bonds ( chedule B) ................................. ..... 2.
3. Closely Held Corpo lion, Partnership or Sole-Proprietorship (Schedule C) ..... 3.
4. Mortgages and Note Receivable (Schedule D) ..................... ..... 4.
5. Cash, Bank De osit
P and Miscellaneous Personal Pro e
p rty (Schedule E)..
..... 5. 8 0 3 6. 1 6
6. Jointly Owned Prope (Schedule F) ^ Separate Billing Requested .. ..... 6. 6 6 $ • 8 Q
7. Inter-Vivos Transfe
(Schedule G) 8 Miscellaneous N -Probate Property
~ S
t
Billi
R
epara
e
ng
equested .. ..... 7.
8. Total Gross Assets (total Lines 1 through 7) ........
.............. ..... 8. $ 7 Q 4 . 9 6
9. Funeral Expenses a d AdminisVative Costs (Schedule H) ............. ..... 9. 4 9 8 3 . 3 6
10. Debts of Decedent, ort a e Liabilities, and Liens Schedule I
9 9 ( ) ........
.....
10. 3 5 3 3. 0 7
11. Total Deductions (t tal Lines 9 and 10) .......................... ..... 11. 8 5 1 6. 4 3
12. Net Value of Estate (Line 8 minus Line 11) ....................... ..... 12. 1 8 8 . 5 3
13. Charitable and Gove mental BequestslSec 9113 Trusts for which
an election to tax ha not been made (Schedule J) ................. ..... 13.
14. Net Value Subject t Tax (Line 12 minus Line 13) ................. ..... 14. 1 8 8 . 5 3
TAX CALCULATION - S E INSTRUCTIONS FOR APPLICABLE RATES
15. Amount of Line 14 to ble
at the spousal tax rat , or
transfers under Sec. 116
(a)(1.2)X.0 _ Q. Q Q 15. Q. Q Q
16. Amount of Line 14 ta xable
at lineal rate x .045 1 8 8. 5 3 1s. 8. 4 8
17. Amount of Line 14 to ble
at sibling rate X .12 Q Q Q 17. Q. Q Q
18. Amount of Line 14 to ble
at collateral rate X .1 5 Q. Q Q 1 g. Q• Q Q
19. TAX DUE ....... ........................................... ....19. 8 . 4 8
20. FILL IN THE OVAL I YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT
Side 2
L 150561 240 1505610240 J
REV-1500, EX Page 3
Decedent's Complete Aiddress:
Flle Number
21 11 0815
DECEDENTS NAME
Michael E. O'Brien
STREET ADDRESS
7
520 Reno Avenue, Apartmentl
,
CITY
New Cumberland STATE
PA ZIP
17070
Tax Payments and C
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 +
Fill in oval on F
its:
8.48
Total Credits (A + B) (2) 0.00
(3)
3, enter the difference. This is the OVERPAYMENT.
2, Line 20 to request a refund. (4) 0.00
5. If Line 1 + Line 3 is greater than Lime 2, enter the difference. This is the TAX DUE. (5) 8.48
i
', Make check payable to: REGISTER OF WILLS, AGENT
PLEASE ANSWER 1THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS
1. Did decedent ma e a transfer and: Yes No
a. retain the use r income of the property transferred : ...................................................................... ^
b. retain the right to designate who shall use the property transferred or its income; ............................... ^ ^X
c. retain a reversi nary interest; or ................................................................................................ ^
d. receive the pr mise for life of either payments, benefits or care? ....................................................... ^
2. If death occurred ffer December 12,1982, did decedent transfer property within one year of death
without receiving dequate consideration? ....................................................................................... ^ ^X
3. Did decedent own an "intrust for" orpayable-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 benefi iary designation? .................................................................................................. ^ ^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 after July 1, 994, and before Jan. 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse i;
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 sta to 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 a en if the surviving spouse is the only beneficiary.
For.dates of death on or after July 1,
• The tax rate imposed on the net v
adoptive parent or a stepparent o1
• The tax rate imposed on the net v
72 P.S. §9116(1.2) [72 P.S. §911f
• The tax rate imposed on the net v,
Section 9102, as an individual whl
ue of transfers from a deceased child 21 years of age or younger at death to or for the use of a natural parent, an
he child is 0 percent [72 P.S. §9116(a)(1.2)].
ue of transfers to or for the use of the decedent's lineal beneficiaries is 4.5 percent, except as noted in
a)(1)].
ue 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
has at least one parent in common with the decedent, whether by blood or adoption.
` REV-150$ EX + (6-98)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURNI
SCHEDULE E
CASH, BANK DEPOSITS, & MISC.
PERSONAL PROPERTY
ESTATE OF FILE NUMBER
L\Airh~cl F n`Rrion 21 11 0815
Include the proceeds of litgation and the date the proceeds were received by the estate.
All property jointly-0wned with right of survivorship must be disclosed on Schedule F.
ITEM
NUMBER
DESCRIPTION VALUE AT DATE
OF DEATH
1. Inheritance fro
Members First
I
i
~I
i
~I
I
I
~I
III Estate of Lillian C. O'Brien as executor of her checking account at
Fedceral Credit Union 8,036.16
~ TOTAL (Also enter on line 5, Recapitulation) $ 8 036.16
(If more space is needed, insert additbnal sheets of the same size)
__
REV-1509 EX+ (01-10)
pennsylvania
DEPARI'MEN7 OF REVENUE
INHERITANCE TAX RETURN
RESIDEIVT DECEDENT
SCHEDULE F
JOINTLY-OWNED PROPERTY
ESTATE OF:
Michael E. O'Brien i
If an asset was {Wade jointly owned within one year of the decedent's date of death, it must be reported on Schedule G.
SURVIVING JOINT TENANT(S) N ME(S) ADDRESS RELATIONSHIP TO DECEDENT
A. Todd M. O'Brien 9390 Grand Falls Drive Son
j Jacksonville, FL 32244
B
C.
JOINTLYAWNED PROPERTY:
ITEM
NUMBER LETTER
FOR JOINT
TENANT DATE
MADE
JOINT DESCRIPTION OF PROPERTY
INCLU E NAME OF FINANCIAL INSTITUTION AND BANK ACCOUNT NUMBER OR SIMILAR
IDENTIFYING NUMBER. ATTACH DEED FOR JOINTLY-HELD REAL ESTATE.
DATE OF DEATH
VALUE OF ASSET %OF
DECEDENT'S
INTEREST DATE OF DEATH
VALUE OF
DECEDENTS INTERESI
1. A. 9/13/85 Mem ers First Federal Credit Union acct 22843 1,337.59 50. 668.80
chec ing & savings accounts
I
~~
~~
~~
I
I
'~
~,
it
I~
I
I
~,
TOTAL (Also enter on Line 6, Recapitulation) I 3
If more space is needed, use additional sheets of paper of the same size.
REV-1511 EX+ (10-09)
pennsylvania
DEPARIfMENT OF REVENUE
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE H
FUNERAL EXPENSES AND
ADMINISTRATIVE COSTS
ESTATE OF ri~r: numarr<
Michael E. O'Brien ' 21 11 0815
Decedents debts must be reported on Schedule I.
ITEM
NUMBER DESCRIPTION AMOUNT
A. FUNERAL EXPEN ES:
1. Hoffman-Rot Funeral Home 2,100.94
B. ADMINISTRATIVE COSTS:
1. Personal Repre entative Commissions:
Name(s) of Personal Representative(s) Todd M. O'Brien
StreetA dress 9390 Grand Falls Drive
Cary Ja ksonville state FL ZIP 32244
Year(s)
2 Attorney Fees: I
3, Family Exemptia
City
ommission Paid:
Dminger & Associates
(If decedenCs address is not the same as Gaimant's, attach explanatan.)
State ZIP
of Claimant to Decedent
2,500.00
4. ~ Probate Fees: '' ~ 128.50
5 Acxountant Fees: ~~
6. Tax Return Prepa~er Fees:
7. Cumberlan II Law Journal, advertise Letters 75.00
8. The Sentin I, advertise Letters 178.92
TOTAL (Also enter on Line 9, Recapitulation) I S
If more space is needed, use addfional sheets of paper of the same size.
REV-1512 EX+ (12-08)
pennsylvania
DEPARTMENT OF REVENUE
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULEI
DEBTS OF DECEDENT,
MORTGAGE LIABILITIES, & LIENS
ESTATE OF FILE NUMBER
Michael E. O'Brien 21 11 0815
Report debts incurred by he decedent prior to death that remained unpaid at the date of death, including unreimbursed medical expenses.
fTEM VALUE AT DATE
NUMBER DESCRIPTION OF DEATH
~. Capital Self St rage, rental for household goods 206.70
2. Verizon Wirele~s, mobile phone 50.08
'~
3. Robin Gaspere~ti, Tax Collector 9.80
4. ~ PPL, electric
5. PPL, electric ~
6. Di
rty Dog Haullr~g, clean apartment & haul trash
I
7. Todd O'Brien, r~imburse for moving household goods
8. Todd O'brien r II imburse airfare and rental car
,~
TOTAL (Also enter on Line 10, Recapitulation) I $
If more space is needed, insert additional sheets of the same size.
103.73
10.96
1,075.00
1,259.00
817.80
REV-1513 F,(+ (01-10)
Pennsylvania SCHEDULE J
DEPARTMENT OF REVENUE BENEFICIARIES
INHERITANCE TAX RETURN
RESIDEPJT DECEDENT
ESTATE OF: FILE NUMBER:
Michael E. O'Brien ! 21 11 0815
RELATIONSHIP TO DECEDENT AMOUNT OR SHARE
NUMBER NAME AND AD RESS OF PERSON(S) RECEIVING PROPERTY Do Not Liat Trustee(s) OF ESTATE
I TAXABLE DISTRIBUTIO S [Include outright spousal distributions and transfers under
Sec. 9116 (a) (1.2).]
1. Todd M. O'Brien Lineal 100.00
9390 Grand Falls rive
Jacksonville, FL 3
i
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I 244
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ENTER DOLLAR AMOU
TS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15
THROUGH 18 OF REV-1500 COVER S
HEET, AS APPROPRIATE.
jj. NON-TAXABLE DISTRI UTIONS:
1. A. SPOUSAL DISTRIBU
it
I IONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAXIS NOT TAKEN:
1. ~,
B. CHARITABLE AND G ~
I
II
VERNMENTAL DISTRIBUTIONS:
TOTAL OF PART II - NTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET. ~
If more space is needed, use additional sheets of paper of the same size.
LAST WILL
OF
MICHAEL EDWARD O'BRIEN
Lee E. Oesterling, Esquire
Lee E. Oesterling & Associates, LLC
42 East Main Street
Mechanicsburg, Pennsylvania 17055
LAST WILL AND TESTAMENT
OF
MICHAEL EDWARD O'BRIEN
Introd~.ictory Clause ...................................... 1
II ITEM I
Direct$ ~on to Pay Debts ................................... 1
ITEM II
Direct ~o:. to Pay All Taxes Eros. Residuary Estate ......... i
ITEM III
Genera Bequest of Personal and Household Effects ........ 1
ITEM IV
Outrig t Gift of All Property to Son, Contingent Gift
t Issue of Son, Contingent Gift to Named
B neficiary ......................................... 2
ITEM V
Naming the Personal Representative, Personal
R presentative Succession, Personal
R presentative's Fees and Other Matters ............. 2
(1) N 'ng an Individual Personal Representative ........ 2
(2) F e Schedule for Individual Personal
R presentative ...................................... 2
~i ITEM VI
Definition of Personal Representative ....,. ............... 2
', ITEM VII
Powers for Personal Representative ....................... 3
'~ ITEM VIII
Provis'on for Personal Representative to Act as Trustee
f r Beneficiary Under Age Twenty-One ................. 3
ITEM IX
Discre ion Granted to Personal Representative in
Reference to Tax Matters ............................ 4
ITEM X
Definition of Children ......... ........................ 4
ITEM XI
Defini ion of Words Relating to the Internal Revenue
C de ................................................ 5
~!~ ITEM XII
State Int by Testator of Intent Not to Exercise Power
o Appointment ...................................... 5
ITEM XIII
Simult neous Death Provision Presuming Beneficiary
P edeceases Testator ................................ S
Testim nium, Attestation and Self-Proving Affidavit ...... 7
ii
LAST WILL AND TESTAMENT
OF
MICHAEL EDWARD O'BRIEN
Introd~
of and domic
CUMBERLAND <
publish and
revoking al:
me.
I have
30, 1976.
ictory Clause. I, MICHAEL EDWARD O'BRIEN, a resident
tiled in the Town of MECHANICSBURG, County of
end Commonwealth of Pennsylvania, do hereby make,
declare this to be my Last Will and Testament, hereby
. Wills and Codicils at any time heretofore made by
one living child: TODD MATHEW O'BRIEN, born December
ITEM I
Direct~.on to
enforceabledebts,
practicablelafter
i
Direct
that all es
(except gen
to my estat
bequest or
wherever us
insurance u
another or
any other p
for such to
shall not b
transferee
included in
Pay Debts. I direct that all my legally
secured and unsecured, be paid as soon as
my death.
ITEM II
on to Pay All Taxes from Residuary Estate. I direct
ate, inheritance, succession, death or similar taxes
ration-skipping transfer taxes) assessed with respect
herein disposed of, or any part thereof, or on any
evise contained in this my Last Will (which term
d herein shall include any Codicil hereto), or on any
on my life or on any property held jointly by me with
n any transfer made by me during my lifetime or on
operty or interests in property included in my estate
purposes be paid out of my residuary estate and
charged to or against any recipient, beneficiary,
r owner of any such property or interests in property
my estate for such tax purposes.
ITEM III
Genera
and bequeat
including b
pictures, s
apparel, bo
of fire, bu
connection
survive me.
surviving m
Bequest of Personal and Household Effects. I give
all my personal and household effects of every kind
t not limited to furniture, appliances, furnishings,
lverware, china, glass, books, jewelry, wearing
ts, automobiles, and other vehicles, and all policies
glary, property damage, and other insurance on or in
ith the use of this property, to my son-if he shall
If my son shall not survive me, the issue of my son
shall take per stirpes the share my son would have
Last Will ar~d Testament of MICHAEL EDWARD O'BRIEN Page 1
taken had he survived me. If my issue do not agree to the
division of ,the property among themselves, my Personal
Representat ve shall make such division among them, the decision
of my Personal Representative to be in all respects binding upon
my issue. ~f any beneficiary hereunder is a minor, my Personal
Representatnve may distribute such minor's share to such minor or
for such mi or's use to any person with whom su~~h minor is
residing or who has the care or control of such minor without
further res onsibility and the receipt of the person to whom it
is distribu ed shall be a complete discharge of my Personal
Representat ve.
ITEM IV
Outrig t Gift of All Property to Son, Contingent Gift to
Tc,,,,s~~c of Cn__~ P'pnti n~ent rift t~ N~~,ed Bgnefi :i ary, T gi~jc~
devise and equeath all the rest, residue and remainder of my
property of every kind and description (including lapsed
legacies an devises) wherever situate and whether acquired
before or a ter the execution of this Will, absolutely in fee
simple to m son, TODD MATHEW O'BRIEN, if he shall survive me.
If my son s all not survive me, his surviving issue shall take
per stirpes the share he would have taken had he survived me, or
in default f such issue to LEILANI J. BRANDY.
ITEM V
Naming the Personal Representative, Personal Representative
Succession, Personal Representative's Fees and Other Matters.
The provisi ns for naming the Personal Representative, Personal
Representat ve succession, Personal Representative's fees and
other matte s are set forth below:
(1) N 'ng an Individual Personal Representative. I hereby
nominate, c nstitute and appoint as Personal Representative of
this my Las Will and Testament TODD MATHEW O'BRIEN and direct
that he sha 1 serve without bond.
(2) F e Schedule for Individual Personal Representative.
For its ser ices as Personal Representative, the individual
Personal Re resentative shall receive no compensation but shall
be entitled to reimbursement for reasonable expenses.
ITEM VI
Defini ion of Personal Representative. Whenever the word
"Personal R presentative" or any modifying or substituted pronoun
therefor is used in this my Will, such words and respective
pronouns sh 11 include both the singular and the plural, the
masculine, eminine and neuter gender thereof, and shall apply
equally to he Personal Representative named herein and to any
successor o substitute Personal Representative acting hereunder,
Last Will ar~d Testament of MICHAEL EDWARD O'BRIEN Page 2
and such sur~cessor or substitute Personal Representative shall
possess alll,the rights, powers and duties, authority and
responsibility conferred upon the Personal Representative
originally named herein.
ITEM VII
Powers for Personal Representative. By way of illustration
and not of imitation and in addition to any inherent, implied or
statutory p veers granted to Personal Representatives generally,
my Personal~Representative is specifically authorized and
empowered w th respect to any property, real or personal, at any
time held u der any provision of this my Will: to allot,
allocate be ween principal and income, assign, :borrow, buy, care
for, collec compromise claims, contract with respect to,
rnnt~nL;a an ~ h,r,,cinccg pf minP~ ~pn~~ayJ rpn~~erfi~ real with
dispose of, enter into, exchange, hold, improve, incorporate any
business of mine, invest, lease, manage, mortgage, grant and
exercise op ions with respect to, take possession of, pledge,
receive, re ease, repair, sell, sue for, to make distributions or
divisions i cash or in kind or partly in each without regard to
the income ax basis of such asset, and in general, to exercise
all the pow rs in the management of my Estate which any
individual ould exercise in the management of similar property
owned in hi or her own right, upon such terms and conditions as
to my Perso al Representative may seem best, and to execute and
deliver any and all instruments and to do all acts which my
Personal Re resentative may deem proper or necessary to carry out
the purposed of this my Will, without being limited in any way by
the. specifi~ grants of power made, and without the necessity of a
court order
ITEM VIII
Provis on for Personal Representative to Act as Trustee for
Beneficiaryl,IInder Age Twenty-One. If any share or property
hereunder b comes distributable to a beneficiary who has not
attained th age of Twenty-one (21) years or if any real property
shall be de ised to a person who has not attained the age of
Twenty-one (21) years at the date of my death, then such share or
property sh 11 immediately vest in the beneficiary, but
notwithstan ing the provisions herein, my Personal Representative
acting as T ustee shall retain possession of the share or
property in trust for the beneficiary until the beneficiary
attains the age of Twenty-one (21), using so much of the net
income and rincipal of the share or property as my Personal
Representative deems necessary to provide for the medical care,
education, upport and maintenance in reasonable comfort of the
beneficiary taking into consideration to the extent my Personal
Representative deems advisable any other income or resources of
they beneficiary or his or her parents known to my Personal
Representative. Any income not so paid or applied shall be
Last Will a~d Testament of MICHAEL EDWARD O'BRIEN Page 3
acc:umulated~,and added to principal. The beneficiary's share or
property shill be paid over, distributed and conveyed to the
beneficiary!, upon attaining age Twenty-one (21), or if he or she
shall sooner die, to his or her personal representatives.
Whenever my',Personal Representative determines it appropriate to
pay any money for the benefit of a beneficiary for whom a trust
is created ereunder, then the amounts shall be paid out by my
Personal Re resentative in such of the following ways as my
Personal Re resentative deems best: (1) directly to the
beneficiary (2) to the legally appointed guardian of the
beneficiary (3) to some relative or friend for the care, support
and educati n of the beneficiary; (4) by my Personal
Representative using such amounts directly for the beneficiary's
care, suppo t and education; (5) to a custodian for the
beneficiary under the Uniform Gifts or Transfers to Minors Act.
iiy Persor,ai Representative as trustee sriaii have with respect to
each share r property so retained all the powers and discretions
conferred u on it as Personal Representative.
ITEM IX
Discre
to Tax Matt
my estate s
when alloca
principal,
beneficiari
compensate
or of any i
Representat
indirectly,
beneficiari
Representat
which would
as may be h
estate and
Representat
and to dete
administrat
federal est
deductions.
ion Granted to Personal Representative in Reference
rs. My Personal Representative as the fiduciary of
all have the discretion, but shall not be required
ing receipts of my estate between income and
o make adjustments in the rights of any
s, or among the principal and income accounts to
or the consequences of any tax decision or election,
vestment or administrative decision., that my Personal
ve believes has had the effect, directly or
of preferring one beneficiary or group of
s over others; provided, however, my Personal
ve shall not exercise its discretion in a manner
cause the loss or reduction of the marital deduction
rein provided. In determining the state or federal
ncome tax liabilities of my estate, my Personal
ve shall have discretion to select the valuation date
mine whether any or all of the allowable
on expenses in my estate shall be used as state or
to tax deductions or as state or federal income tax
ITEM X
Defini
"children"
of the pare
lawful bloo
designated;
that person
anti such ad
as issue of
ion of Children. For purposes of this Will,
eans the lawful blood descendants in the first degree
t designated; and "issue" and "descendants" mean the
descendants in any degree of the ancestor
provided, however, that if a person. has been adopted,
shall be considered a child of such. adopting parent
pted child and his or her issue shall be considered
the adopting parent or parents and of anyone who is
Last Will aid Testament of MICHAEL EDWARD O'BRIEN Page 4
by blood or ...adoption an ancestor of the adopting parent or either
of the adopting parents. The terms "child," "children," "issue,"
"descendant'h and "descendants or those terms preceded by the
terms "living" or "then living" shall include the lawful blood
descendant ~n the first degree of the parent designated even
though such ', descendant is born after the death of such parent.
The te~lm "per stirpes" as used herein has 'the identical
meaning as he term "taking by representation" ~as defined in the
Pennsylvani Probate Code.
ITEM XI
Defini ion of Words Relating to the Internal Revenue Code.
As used her in, the words "gross estate," "adjusted gross
estate;" "t_xable estate,." "unified credit" ("unified credit"
shall also can "applicable credit amount"), "applicable
exclusion a ount," "state death tax credit," "maximum marital
deduction,"~"marital deduction," "pass," and any other word or
words whichfrom the context in which it or they are used refer
to the Inte nal Revenue Code shall have the same meaning as such
words have or the purposes of applying the Internal Revenue Code
to my estat For purposes of this Will, my "available
generation- kipping transfer exemption" means the generation-
skipping tr nsfer tax exemption provided in section 2631 of the
Internal Re enue Code of 1986, as amended, in effect at the time
of my death reduced by the aggregate of (1) the amount, if any,
of my exemp ion allocated to lifetime transfers of mine by me or
by operatio of law, and (2) the amount, if any, I have
specificall allocated to other property of my gross estate for
federal est to tax purposes. For purposes of this Will if at the
time of my eath I have made gifts with an inclusion ratio of
greater tha zero for which the gift tax return. due date has not
expired (including extensions) and I have not yet filed a return,
it shall be deemed that my generation-skipping transfer exemption
has been allocated to these transfers to the extent necessary
(and possible) to exempt the transfer(s) from generation-skipping
transfer tax. Reference to sections of the Internal Revenue Code
and to the Internal Revenue Code shall refer to the Internal
Revenue Co e amended to the date of my death.
ITEM XII
State nt by Testator of Intent Not to Exercise Power of
Appointmen I hereby refrain from exercising any power of
appointmen that I may have at the time of my death.
ITEM XIII
Simul aneous Death Provision Presuming Beneficiary
Predecease Testator. If any beneficiary and I should die under
such circu stances as would make it doubtful whether the
Last Will and Testament of MICHAEL EDWARD O'BRIEN Page 5
beneficiary,or I died first, then it shall be conclusively
presumed fo~ the purposes of this Will that the beneficiary
predeceased',me.
Last Will aid Testament of MICHAEL EDWARD O'BRIEN Page 6
Testimonium, Attestation and Self-Proving Affidavit. I,
MICHAEL EDW~RD O'BRIEN, the Testator, sign my name to this
instrument i~his `'~n day of April, 2003, and being first duly
sworn, do h~reby declare to the undersigned authority that I sign
and. execute this instrument as my last will and that I sign it
willingly (br willingly direct another to sign for me), that I
execute it s my free and voluntary act for the purposes therein
expressed, nd that I am eighteen years of age or older, of sound
mind, and u der no constraint or undue influence.
~~
~~
MICHAEL EDWARD O'BRIEN
we, .i~.P ~ C and l~Q/1%Q L~/~'I~~PcS(~ -
the witness s; sign our names to this instrument, eing first
duly sworn, and do hereby declare to the undersigned authority
that the Te tator signs and executes this instrument as his last
will and th t he signs it willingly (or willingly directs another
to sign for him), and that each of us, in the presence and
hearing of he Testator, and in the presence of each other,
hereby sign this will as witness to the Testator's signing, and
that to the best of our knowledge the Testator is eighteen years
of age or older, of sound mind, and under no constraint or undue
influence. j
(Witness)
(Witness
The Commonwealth of Pennsylvania
County of CUMBERLAND
Subsc ibed, sworn to, and acknowledged before me by MICHAEL
EDWARD O'B~IEN, the Testator, and subscribed and sworn to before
me by /' and witnesses, this
day o April, 2003.
Y ' (Seal)
//~ _.
otary Publi~~`c~or Pennsy vania
My Commission Expires: ,y-,2`~ -!)(o
III ~ Notarial Seal
l.,ee OesterGng, Notary t
Mechanicsburg Born, Cumberland County
My Corrxrussion Expires Apr. 29, 2006
~ Member. Pennsylvania Assoaation Of Notaries
Last Will ~nd Testament of MICHAEL EDWARD O'BRIEN Page 7