Loading...
HomeMy WebLinkAbout12-28-11Pa. O.C. Rule 6.12 STATUS REPORT REGISTER OF WILLS OF Cumberland COUNTY, PENNSYLVANIA Name of Decedent: Harry C. Eckrich, Sr. Date of Death: December 27, 2009 File Number: 2010-00037 Pursuant to Pa. O.C. Rule 6.12, I report the following with respect to completion of the administration of the above-captioned estate: 1. State whether administration of the estate is complete :.................... ^ Yes /~ No 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: The administration should be complete in six to eight weeks, at the most. 3. If the answer to No. 1 is YES, state the following: a. Did the personal representative file a final account with the Court? ....... ^ Yes ^ No b. The separate Orphans' Court No. (if any) for the personal representative's account is: c. Did the personal representative state an account informally to the parties in interest? ............................... ^ Yes ^ No d. Copies of receipts, releases, joinders and approvals of formal or informal accounts may be filed with the Clerk of the Orphans' Court and may be attached to this report. Date "~ December 27 2011 ,.,_ ~ v ~ , ~, CS . «t~ ~.~_ ; - C. ,r ... ,- - '__ _ ~ , .l ; , ~ cv ~ , ,.,_, C.3 J- L~ 3 z..f C~ '', ._ ~ __ ~~~ Signature ofjerson Filing this Form Capacity: QPersonal Representative ^Counsel Stephen R. Eckrich Name of Person Filing this Form 503 North West Street Address Carlisle, Pa. 17013 (717)245-9419 Te~7rp/raRr Form RW-10 rev. 10.13.06 Stephen Eckrich 503 North West Street Carlisle, Pa. 17013 December 27, 2011 Glenda Fanner Strasbaugh Register of Wills and Clerk of the Orphans' Court County of Cumberland 1 Courthouse Square Room 102 Cazlisle, Pa_ 17013-3387 RE: Estate of Eckrich Harry Conrad Sr. File Number: 2010-00037 Deaz Ms. Fanner Strasbaugh; Please be advised I am at step 7 on the enclosed copy of the "estate checklist". I am currently working through this matter and have been in contact with the Department of Revenue through Ms. Anastasia DiBartolomeo, telephone number (717) 425-7700. My next scheduled appointment with legal counsel is on December 29, 2011 with Michelle Sommer, telephone number 249-0900. As you are probably aware, my original legal counsel in this matter, John Broujos, has retired due to failing health. I was taken ill the latter part of 2010, and at this time of the year I had just come out of the ICU where I had been on life support for 10 days. I spent the first eight months of this year recovering and receiving physical therapy. Until my initial contact with the Department of Revenue this fall, I was under the impression that everything had been completed as was needed. Upon the realization that much had been left undone I immediately set to work to correct the situation. I was put in touch with a new counselor through the ABA, but unfortunately the end of this month is the eazliest I could be seen. I have a question or two about the 1500 form and the associated schedules. Please be assured I am working diligently to correct this situation, and understand how serious a matter my tardiness in attending to these issues has become. I shall continue to file all the necessary documents and bring this process to a conclusion in as timely a matter as possible, giving it my full attention and keeping it at the top of my priority list until then. I can be contacted by telephone at (717) 245-9419, by mail at the address on the letterhead or by email at Sincerely Yours, Stephen R. Eckrich Rule 10.5 Estate Cheeldist Rorai ~S'~.A-TE CHECKLIST To: Executors and Administrators who are Proceeding to Administer a Decedent's Estate Without Benefit of I.egat Counsel The following is a list of basic administrative duties that you are required to undertake as the Executor or Administrator of a decedent's estate. The List that follows is not all inclusive and may not include all of your duties. If you have any questions about these duties, or whether you have completed all of the duties required for a proper administration of the decedent's estate, you should consult 1ega1 counsel. The Register of Wills is not permitted to, and will not, give legal advice to you. You are strongly urged to employ counsel to assist you in the admnustration of the decedent's estate. The following is a list of basic administrative duties that you must undertake in order to properly adnunister the decedent's estate: t . Advertisement of the grant of Letters to you by the Register of Wills. Immediately after the grant of Letters Testamentary or Letters of Administretion to you by the Register of Wii[s you are required to advertise the grant of letters in one newspaper published at or near the place where the decedent resided and in the County Legal Journal once a week for 3 successive weeks. 2. Obtain a Taxpayer Identification Number. It will be necessary for the estate to have a taxp®yer identi:~csition number issued by the Interne! Revenue Service. The Interne( Revenue Service supplies forms for applying for this number. 3. Take Control of the Decedent's Assets. It is your obligation to gain care, custody, and control of the assets of the decedent. In order to close out bank accounts and liquidate stocks and bonds you will need what is caned a "short certificate". This is a certification that you have been issued Letters Testamentary or Letters of Administration from the Register of Wills. These are available from the Register of Wilts for a fee. 4. Pay the Debts of the Decedent. It is your obligation to pay all debts that were contracted by the decedent during his or her lifetime. This is one of your most important duties. Creditors have claims against the assets of the estate if their claims are not paid in foil. 5. Give Notice to Bexmeficiaries. Within 3 months of the grant of letters to you by the Registrar of Wills you must give written notice of the opening of the estate to the surviving spouse of the dex>edesnt and all of the decedent's ctmildren (whether or not named in the will) and any other person having an interest in the decedent's estate as am heir oc next of kin. The form of notice is prescribed by Orphans' Court Rule 5.2 and the foram will be given to you by the Register of Wills. It is imperative that you give notice and file tl~e form with the Register of Wills within 3 months from the date of your appointment. 6. Notification of the Department of Public Wclfarc and the Attorney Gernral. You must write a letter to the Pennsylvania Department of Welfare in Harrisburg and inform them of the decedetmt's death and supply them with the decedent's Social- Security number. In your letter you sale the Department of Public Welfare to advise you wlmetber or not they have any claims against the estate. If they da this is a creditor's claim that must be paid. If the decadent died with a will and there are any charitable beneficiaries listed in the will you must give notice to the Attorney General of the Commonwealth of Pennsylvara. Filing of Tax Returns and Payment of Tax. Within 9 months from the date of death a Pennsylvania inheritance Tax Return must be filed with the Register of Wills. Tire rertwn must be filed on foams provided by the Pennsylvania Department of Revenue and they are available on line. They are also available from the Register of Wills. The tax that maybe due is paid to the Register of Wills as Agent for the Commonwealth of Pennsylvania. The tax must be paid within 9 months from the date of death. IPthe tax is not paid within 9 months from the date of death interest will ram on the tax due from that date. There are also civil and criminal penalties possible for failure to fde the return and pay the tax. 8. Filing an Amount or Signing a Family Settlement Agreement. Before distribution of the estate to heirs, you are required to either file an account with the Clerk of the Or~tans' Court of the county where the estate has been opened, or to enter into a Family Settlement Agreement between yourself as the Executor or Administrator and all heirs who have an interest in the estate. A Family Settlement Agreement is an informal manner of settling the estate but should ~t be used if there are unpaid creditors. Distribution of Estate to Heirs. Upon the filing std confirmation of an account or the execution by all parties in interest of a Family Settlement Agreement, the net estate remaining for distribution should be distributed to the heirs of the decedent. ~'he net estate for distribution constitutes the assets of the decedent, less payment of the debts of the decedent to creditors, less the payment of Pennsylvania inheritance Tax, and less any costs of administration that are paid. Included in the costs of administration are the costs payablc to the Register of Wills. The costs payable to the );.egistcr of Wills must be paid to the Register. 10. Final Report of Conclusion of Estate. When the administration of the estate is complete and distribution has been made to the heirs, you are required to file a report with the Register of Wills advising of the completion of the estatc and the manner in which the estate was closed. The manner in which the cstatc was closed wil! _ either by the filing of an account or the signing of a Family Settlement Agreement. This is a status report required by Orphans' Count Rule 6.12. The form that you use in order to file this report will be supplied to you by the Register of Wills.