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Home My WebLink About07-17-12 (2)SPECIAL INSTRUCTIONS FOR PREPARING AND ATTACHING AN "EXHIBIT A" TO YOUR REVOCABLE LIVING TRUST AGREEMENT If you have special instructions for bequests of property that were not included in the original trust planning documents, it is important that they be prepared correctly in order to accomplish your wishes. "Exhibit A" is not an amendment; it is a part of your original trust document. 1. The page(s) entitled "SPECIAL DIRECTIVES OF ROBERT O'ROURKE" and "SPECIAL DIRECTIVES OF VTVIAN M. O'ROURKE" found near the end of the trust document entitled THE ROBERT O'ROURKE AND VTVIAN M. O'ROURKE REVOCABLE LIVING TRUST AGREEMENT needs to have a paragraph that basically says the following: I direct that my trust estate (or personal property or whatever the items in question are) be distributed according to the list attached hereto and marked "EXHIBIT A". If your trust is a joint trust, an "Exhibit A" must be mentioned in the SPECIAL DIRECTIVES of both. 2. Make as many copies of your blank "EXHIBIT A" as it takes to distribute your personal items, listing the individual property, the beneficiary of the property, and, if applicable, the dollar or percentage amount of trust property you wish to bequeath. When you finish, number and initial each page, and sign the last page. Be sure to sign your signature and initials in front of your witnesses and a notary public. Date your "Exhibit A" the same date you signed your original trust agreement. (All gift pages must be entitled "EXHIBIT A." All pages must be numbered. Each page must have a place at the bottom for your initials; the last page must have a line for your full signature. Your signature must have two witnesses and a notary.) 4. Attach the original signed and witnessed copy to your original REVOCABLE LIVING TRUST AGREEMENT. Put a copy of your "EXHIBIT A" with any trust copies you have stored, i.e., safe deposit box. See attached sample for further help. If you have any questions, contact the attorney who prepared your trust. 6. Any changes made subsequent to the trust date should be placed in the "AMENDMENT TO REVOCABLE LIVING TRUST AGREEMENT" which follows "Exhibit A". LOOK FOR YOUR PERSONALIZED "EXHIBIT A" PAGES BEHIND THE ROBERT O'ROURKE AND VIVIAN M. O'ROURKE REVOCABLE LIVING TRUST AGREEMENT. SAMPLE ONLY "EXHIBIT A" ADDITIONAL SPECIAL DIRECTIVES OF ROBERT O'ROURKE AND VIVIAN M. O'ROURKE, TRUSTEES AND SETTLORS OF THE ROBERT O'ROURKE AND VIVIAN M. O'ROURKE REVOCABLE LIVING TRUST I direct that JAMES DOE get my railroad pocket watch. I direct that JANE DOE get the money in the FIRST NATIONAL BANK of Altuna, Texas, Account #111-111-111. I direct that JAMES DOE and JANE DOE each receive a '/z ownership in the house at 23 Lexington Avenue, Philadelphia, Pennsylvania. I direct that my railroad stock be divided equally among the children of JAMES DOE. I direct that my telephone stock be divided equally among the children of JANE DOE. I direct that each of my grandchildren receive $5,000 from my trust estate. It is my intent that this money be used for their college education. I direct that my car go to my granddaughter, MELISSA DOE, and my truck go to my grandson, JAMES DOE, JR. "EXHIBIT A" ADDITIONAL SPECIAL DIRECTIVES OF JOHN S. DOE AND MARY A. DOE Page of "EXHIBIT A" ADDITIONAL SPECIAL DIRECTIVES OF ROBERT O'ROURKE AND VIVIAN M. O'ROIJRKE TRUSTEES AND SETTLORS OF THE ROBERT O'ROURKE AND VIVIAN M. O'ROURKE REVOCABLE LIVING TRUST "EXHIBIT A" ADDITIONAL SPECIAL DIRECTIVES OF ROBERT O'ROURKE AND VIVIAN M. O'ROURKE Page of "EXHIBIT A" ADDITIONAL SPECIAL DIRECTIVES OF ROBERT O'ROURKE AND VIVIAN M. O'ROURKE TRUSTEES AND SETTLORS OF THE ROBERT O'ROURKE AND VIVIAN M. O'ROURKE REVOCABLE LIVING TRUST "EXHIBIT A" ADDITIONAL SPECIAL DIRECTIVES OF ROBERT O'ROURKE AND VIVIAN M. O'ROURKE Page of "EXHIBIT A" ADDITIONAL SPECIAL DIRECTIVES OF ROBERT O'ROURKE AND VIVIAN M. O'ROURKE TRUSTEES AND SETTLORS OF THE ROBERT O'ROURKE AND VIVIAN M. O'ROURKE REVOCABLE LIVING TRUST "EXHIBIT A" ADDITIONAL SPECIAL DIRECTIVES OF ROBERT O'ROURKE AND VIVIAN M. O'ROURKE Page of "EXI~IBIT A" ADDITIONAL SPECIAL DIRECTIVES OF ROBERT O'ROURKE AND VIVIAN M. O'ROURKE TRUSTEES AND SETTLORS OF THE ROBERT O'ROURKE AND VIVIAN M. O'ROURKE REVOCABLE LIVING TRUST "EXIIIBIT A" ADDITIONAL SPECIAL DIRECTIVES OF ROBERT O'ROURKE AND VIVIAN M. O'ROURKE Page of The foregoing instrument consists of , typewritten handwritten pages including the signature of Witnesses, and aclrnowledgment of officer. We have signed our names at the bottom of each of the preceding pages. DATED this day of day of Witness ROBERT O'ROi.7RKE VIVIAN M. O'ROURKE Address Witness Address "EXHIBIT A" ADDITIONAL SPECIAL DIRECTIVES OF ROBERT O'ROURKE AND VIVIAN M. O'ROURKE Page of COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND This instrument was acknowledged before me on the day of , by ROBERT O'ROURKE as Settlor and Co-Trustee to certify which witness my hand and seal of office. Notary Public, Commonwealth of Pennsylvania COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND This instrument was acknowledged before me on the day of by VNIAN M. OROURKE as Settlor and Co-Trustee to certify which witness my hand and seal of office. Notary Public, Commonwealth of Pennsylvania "EXHIBIT A" ADDITIONAL SPECIAL DIRECTIVES OF ROBERT O'ROURKE AND VIVIAN M. O'ROURKE Page of TENANCY AGREEMENT This Tenancy Agreement is entered into on this day by and between ROBERT O'ROURKE AND VNIAN M. O'ROURKE. FACTUAL SUMMARY ROBERT O'ROURKE AND VIVIAN M. O'ROURKE were married on v~oZ , ~, and since that date have acquired title to property as joint tenants with right of survivorship. ROBERT O'ROURKE AND VNIAN M. O'ROURKE have created an estate plan using a revocable living trust and companion pour-over wills, and they now wish to convert all or part of their joint tenancy into tenancy in common property. ROBERT O'ROURKE AND VNIAN M. O'ROURKE are aware that they may, by agreement, convert their joint tenancy property into tenancy in common property so that they may better control their respective interests in the property on each of their deaths. AGREEMENT TO CHANGE JOINT TENANCY ASSETS TO TENANCY IN COMMON ROBERT O'ROURKE AND VNIAN M. O'ROURKE hereby grant, convey and transfer their respective interests in their joint tenancy property to themselves as tenants in common, except for jointly- heldproperty in Schedule A of this Tenancy Agreement, if any. ROBERT O'ROURKE AND VNIAN M. O'ROURKE intend this agreement to be binding on themselves and on all others as to property held in joint tenancy with right of survivorship as of the date of this agreement regardless of the manner or form of the written title. ROBERT O'ROURKE AND VIVIAN M. O'ROURKE make this agreement on the _~day of ..~/4rZ ,~3. t / t~--~ OBERT O'ROURKE (J 1 IV~AN M. O'ROURKE REVOCABLE LIVING TRUST AGREEMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. ACKNOWLEDGMENT This instrument was aclrnowledged before me on the date herein set forth ROBERT O'ROURKE AND VNIAN M. O'ROURKE as husband and wife to certify which witness my hand and seal of office. My Commission Expires: [}8f1(1SS ~. r61i):>~y, itir:?~T~` (~4,r~iC y~.c~nis ~~ - ~mi~ar ~enr~=.,,::~~s,..,, .... Notary Pu is REVOCABLE LIVING TRUST AGREEMENT CHARLES E. SHIELDS, III ATTORNEY-AT-LAW 6 CLOUSER ROAD Corner of Trindle and Clouser Roads MECHANICSBURG, PA 17055 GEORGE M. HOUCK (1912-1991) July 16, 2012 Register of Wills Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013 Re: Estate of Robert O'Rourke No. 21-11-0944 Dear Register of Wills: TELEPHONE (717) 766-0209 FAX (717) 795-7473 Please find enclosed for filing 2 copies of the Inheritance Tax Return for the Robert O'Rourke Estate as well as Check No. 105 in the amount of $4,358.01 for the Inheritance Tax due, Check No. 106 in the amount of $15.00 for the filing fee and Check No. 107 in the amount of $70.00 for additional probate. Thank you for your kind attention to this matter. Very truly yours, -----__ Charles E. Shields, III Attorney-At-Law CES/mjj Enclosures CHARLES E. SHIELDS, III ATTORNEY-AT-LAW 6 CLOUSER ROAD Corner of Trind[e and Clouser Roads MECHANICSBURG, PA 17055 GEORGE M. HOUCK (1912-1991) July 16, 2012 Mary Jo Mullen, Chief Inheritance Tax Division Commonwealth of Pennsylvania Department of Revenue Bureau of Individual Taxes Dept. 280601. Harrisburg, PA 17128-0601. Via hand delivery to Glenda Farner Strasbaugh, Register of Wills Office, Cumberland County Re: Estate of Vivian M. O'Rourke Estate Docket No.: 21-11-0887 SSN: 194-20-9899 DOD: 08/14/2010 TELEPHONE (717) 766-0209 FAX (717) 795-7473 Estate of Robert O'Rourke Estate Docket No.: 21-11-0944 SSN: 209-22-0308 DOD: 08/21/2011 Dear Ms. Mullen: Please be advised that I am filing both Vivian M. O'Rourke's and Robert O'Rourke's Inheritance Tax Returns simultaneously. So far as I may make a suggestion without being deemed offensive, I have filed these together so that they might be audited together. The O'Rourke's were (as has often happened in late years) sold a Revocable Living Trust. The inducement held out to them for spending the money for such a Trust is now subject to debate and dispute. However, the main outlines of what this was supposed to accomplish were the usual,. which most likely need no recital here nor does it need to be recited that the promises exceeded the result. We did not open Vivian's estate right away because of family issues which recently appear to have been accepted as fait accomplis. Based upon the actual language of the relevant particular Trust clauses and lack of a comprehensive Family Agreement as to the expressed real intent of the Settlors of the Trust, it was necessary to carry out the literal terms of the Trust per black letter law. This results in a frozen irrevocability on the death of the first Se~lor to die (Vivian). We have supplied along with her return a detailed explanation and set of calculations. Thus, if her Return is studied and audited first, Robert's Return, as the second Settlor to die, will be easier to comprehend and follow. As pointed out on Robert s Return, there was a significant decrease in the county multiplier for Cumberland County Real Estate between the two deaths which accounts for the disparity in the value of the same item of real estate between the two Estates. Ms. Mary Jo Mullen July 16, 2012 Page 2 Also, one of Robert O'Rourke's children mistakenly sent in two checks for a direct billing related to Schedule F items. He also mistakenly overpaid by more than triple the Inheritance Tax due on the value of the items in question. In view of your no doubt heavy audit load, I proposed an informal and practical way of rectifying the error in one fell swoop. However, if you prefer a more formal process to deal with it, we certainly understand. Please adivse. Thank you very much for your kind consideration in this matter. Very truly yours, °lruzl ~ f~~ - Charles E. Shields, III Attorney-At-Law CES/mjj cc: Lori V. O'Rourke Jack O'Rourke