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HomeMy WebLinkAbout11-08-12 Pa. O.C. Rule 6.12 STATUS REPORT REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA STATUS REPORT UNDER RULE 6.12 Name of Decedent: Joseph J. McGrail, III Social Security No. rJ~SF- /(o-~'p0 `// Date of Death: August 24, 2011 Will No. Register File No. 21-11-1061 Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, 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 X No 2. If the answer to #1 is No, state when the personal representative reasonably believes that the administration will be complete: 3. If the answer to #1 is Yes, state the following: a. Did the personal representative file a final account with the Court? Yes No X 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 X No d. Copies of receipts, releases, joinders, and approvals of formal or information accounts may be filed with the Clerk of the Orphans' Court and maybe attached to this report. Copy of Estate Settlement Agreement, dated as of October 12, 2012, is attached ~, ~~~ --_ .~ ~~ ~_ t 1 _ -- ;__~:,, ::.5 i i I i'_,, :~ . ~~ ~-rl C7_ Date: November 6, 2012 :.~ .. fix . , .;~ ~~ ~ YJ '.._. 1•JJr9 -:r ~.. /:. ~ 1 ~ ~ - - ~~ = ' ~ --. v Sil Name: Address: Telephone: _{717) 236-9377 Capacity: Personal Representative X Counsel ~~ IN RE: : IN THE COURT OF COMMON PLEAS ESTATE OF :CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH J. McGRAIL, III, :ORPHANS' COURT DIVISION DECEASED :ESTATE NO. 21-11-1061 ESTATE SETTLEMENT AGREEMENT ESTATE OF JOSEPH J. McGRAIL III AGREEMENT executed this ~~ day of October, 2012, by and among Robyn S. Dougherty, Lois C. Loz, and Joann Washburn, daughters of Decedent and Beneficiaries; and Lois C. Loz, Executrix of the Estate of Joseph J. McGrail, III. WITNESSETH: WHEREAS, Joseph J. McGrail, III died on August 24, 2011, having first made and published his Last Will and Testament, wherein he named his daughter Lois C. Loz, Executrix. Letters Testamentary were issued by the Cumberland County Register of Wills on October 11, 2011; and WHEREAS, the Executrix, represented by Leonard Tintner, Esquire, and Boswell, Tintner & Piccola, has proceeded with the administration of said estate, and has paid all proper bills and debts for the estate and has prepared an Inventory and a Pennsylvania Inheritance Tax Return, which documents have been filed with the Register of Wills of Cumberland County on August 6, 2012; and WHEREAS, the Executrix and the heirs have examined the income and expense statements for the estate pertinent to the estate assets, income earned and expense paid during the course of the administration; and WHEREAS, the Executrix, Lois C. Loz, with the assistance of her attorney, has prepared an Informal First and Final Account, which is attached hereto, and that the net cash estate of the decedent shall be distributed pursuant to the Last Will and Testament, wherein the beneficiaries each receive their share of the Estate as follows: (All parties hereto agree that Robyn S. Dougherty in consideration of her moving into her Father's home to care for him 24/7 shall receive as consideration the 2004 Subaru Legacy Sedan in kind). Robyn S. Dougherty -One-third (1/3) of the net residue; Lois C. Loz -One-third (1/3) of the net residue; Joann Washburn -One-third (1/3) of the net residue. NOW THEREFORE, the parties hereto intending to be legally bound hereby, mutually agree, as follows: 1. Pennsylvania Inheritance Tax The parties hereto, and each of them, agree and acknowledge that they have fully and carefully examined the Pennsylvania Inheritance Tax Return form relating thereto, and finds them to be true and correct, and acceptable to the parties hereto and each of them, and further acknowledge that they have received a copy of these documents. -2- 2. Release and Discharge The parties hereto do hereby release, remise and forever discharge the Estate of Joseph J. McGrail, III, the Executrix, and the attorney for the Estate, of and from all manner of acts, suits, claims, accounts, accountings, debts, dues and demands whatsoever which they or their legal representatives or assigns may at any time hereafter have, against the Executrix, the said Estate or the assets thereof, from, for, touching or concerning any of the assets and property of the said Estate and/or any claim or interest thereto or therein, and the administration, management, collection, sale or distribution of any of the said assets and for or on account of any money, interest, income, assets or proceeds out of the same, from the time of the death of the said decedent to and including the date of this Agreement and release. 3. Distribution. The beneficiaries under the Last Will & Testament agree to the distribution made, as follows: (a) Taxes. Pennsylvania Inheritance Taxes were paid on August 6, 2012. The Pennsylvania Inheritance Tax Return was filed on August 6, 2012. An Amended Return was filed October /7, 2012 to request a refund from the monies paid due to a sale of the real estate at a lesser amount than fisted in the original Return. (b) Creditors' claims. All claims of the creditors, as known to the Executrix have been paid. (c) Distribution to beneficiaries of miscellaneous personalty has been or will be made in accordance with heir's requests. -3- (d) Residuary distribution. Distribution to the residuary beneficiaries will be made of the balance of the estate, after payment of all remaining fees and debts in accordance with the Last Will and Testament of Decedent. (e) Future Distribution. Should the request for the refund from the Pennsylvania Inheritance Tax Bureau be paid in the future, it is agreed that these funds (approximately $1,500.00) will be equally distributed among the heirs. 4. Final Agreement. This instrument is a full and final Family Settlement Agreement by and between the parties hereto, both fiduciary and individual, all of the same having been arrived at, concluded, and executed after a full and complete disclosure of the estate assets, the obligations, and the rights of the parties and of all the parties to, and each of them, agree to abide by these terms. 5. Requirement to execute documents All of the parties to, and each of them, agree that they wilt at all times in the future and whenever necessary, appropriate or convenient, make, execute and deliver to the said Executrix and to the other parties or persons, any and alt instruments, documents, conveyances, deeds, releases or other instruments of any kind necessary or convenient to carry out the intention of this Agreement and/or to permit, assist and enable the Executrix to fulfill her duties with reference to the said estate and all of the assets and obligations. 6. Entire agreement. This Agreement constitutes the entire understanding among these parties to, and each of them acknowledges that no representations or statements of any kind, written or oral, have been made to them or any of them previously by the Executrix or by any other person or party upon her behalf. -4- 7. Heirs. This Agreement shall enure to the benefit of and shall be binding upon, these parties to, and each of them, their heirs, executors, administrators, successors and assigns. 8. Counterparts. This Agreement may be signed in counterparts, which means each party may execute a separate copy. IN WITNESS WHEREOF, these parties to have hereunto set their respective hands and seals the day and year first above written. c Lois C. Loz, Executri yn S. Dougherty ene c ry ~o Lois C. Loz, Benefic~ Joann Washburn, Beneficiary In the presence of: ACCOUNT OF ESTATE OF JOSEPH J. McGRAIL, III I. ASSETS: PNC -Checking Account AAA Central Penna.. -Refund Blue Cross/Blue Shield -Refund Insurance Proceeds Ohio Casualty -Return of Partial Premium (Auto) Lois C. Loz - PA Inheritance Tax -Advance Sale of 1316 Carlisle Road, Camp Hill, PA -Net Proceeds Less -PNC Bank Charges II. DISBURSEMENTS: Net Assets Check #501 -Cumberland Law Journal -Advertisement of Letters Testamentary Check #502 -Vascular Associates -Medical Check #503 -Camp Hill Emergency Physicians -Medical Check #504 -West Shore Pathology -Medical Check #505 -The Carlisle Sentinel -Advertisement of Letters Testamentary Check #506 -West Shore Anesthesia Assoc. -Medical Check #507 -Susquehanna Internal Medicine -Medical Check #508 -UGI -Utility for Home Check #509 -Pennsylvania American Water -Service for Home Check #510 -Shawn's Landscaping -Getting Ready to Sell Home Check #511 -Mid-State Carpet Masters -Improvement to Home -Sell Check #512 -Camp Hill Emergency Physicians -Medical Check #513 -UGI -Utility for Home Check #514 -Pennsylvania American Water -Service for Home Check #515 - PP/L -Electric Service to Home Check #516 -Pennsylvania American Water -Service for Home Check #517 -UGI -Utility for Home Check #518 -Lower Allen Twp. -Sewer & Refuse Check #519 -Bonnie K. Miller, Tax Collector - 2012 City & Township Real Estate Tax $ 2,378.87 31.25 15.13 1,113.69 181.00 6,000.00 78.734.95 88,454.89 30.00 $ 88,424.89 $ 75.00 430.38 9.14 11.79 210.78 75.54 30.35 70.00 17.92 60.00 424.00 25.34 119.34 32.35 127.77 28.67 95.48 108.95 572.98 Check #520 -Register of Wills -Pennsylvania Inheritance Tax 5,213.34 Check #521 -Register of Wills -Filing Fee -REV Form 1500 30.00 Check #522 -Lois C. Loz -Reimbursement for $6,000.00 Advanced To Estate for Pennsylvania Inheritance Taxes and 2012 Real Estate Taxes 6,000.00 Check #523 -Joann Washburn -Expenses for Travel to Funeral And Services 476.52 Check #524 -VOID (written error) 0.00 Check #525 -Boswell, Tintner & Piccola -Attorney Fee for Administration of Estate 5,500.00 Check #526 -Lois C. Loz -Reimbursement of Advance Payment For all Utilities -Electrical Upgrade (Required For Sale), House Appraisal, House Maintenance, Etc. 8.576.80 Total Disbursements $ 28.322.44 III. RECAPITULATION: Net Assets: $ 88,424.89 Less Required Disbursements 28,322.44 To Be Distributed: $ 60,102.45 IV. DISTRIBUTIONS: Joann Washburn - 1/3 of Residuary Estate * $ 20,034.15 Lois C. Loz - 1/3 of Residuary Estate * 20,034.15 Robyn S. Dougherty - 1/3 of Residuary Estate * 20.034.15 $ 60,102.45 *NOTE - A PENNSYLVANIA INHERITANCE TAX REFUND WILL BE APPLIED FOR -THAT MAY MEAN AN ADDITIONAL$500.00 EACH; IF AND WHEN IT IS RECEIVED, IT WILL BE FORWARDED DIRECTLY TO EACH BENEFICIARY.