HomeMy WebLinkAbout02-12-13O 4. Limited Estate
~ 6. Decedent Died Testate
(Attach Copy of Will)
O 9. Litigation Proceeds Received
p 4a. Future Interest Compromise (date of
death after 12-12-82)
O 7. Decedent Maintained a Living Trust
(Attach Copy of Trust.)
O 10. Spousal Poverty Credit (Date of Death
Between 12-31-91 and 1-1-95)
Prior to 12-13-82)
O 5. Federal Estate Tax Return Required
~ 8. Total Number of Safe Deposit Boxes
O 11. Election to Tax under Sec. 9113(A)
(Attach Schedule O)
CORRESPONDENT - THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED T0:
Name Daytime Telephone Number
__
`, David A. Baric, Esquire (717) 249-6873
t7 REGISTER C)i~G'VILL~SNLY
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Correspondent's a-mail address: dbaric baricscherer.com
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.
SLAT; ~E O~ PERS(O„N~ RESP~ IBLE FOR FILING RETURN DATE ~ ~ ' ^ i~
Mgchanye;>~burg, Pennsylvania 17050
SIGNA R ~1'r-IE~ T N PRESENTATIVE DATE ~ a ~ a ~ 3
[.a ~
ADDRESS
19 West South Street, Carlisle, Pennsylvania 17013
PLEASE USE ORIGINAL FORM ONLY
Side 1
1505610105 15056101,05
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J
1505610205
REV-1500 EX (FI)
Decedent's Name: Marjorie W. Austin Decedent's Social Security Number
RECAPITULATION
1. Real Estate (Schedule A) ............................................. 1.
~.
~-~______r______._v_.~_
2. Stocks and Bonds (Schedule B) ....................................... 2.j
3. Closely Held Corporation, Partnership or Sole-Proprietorship (Schedule C) ..... 3. ~
4.
Mortgages and Notes Receivable (Schedule D) ........................... ~
4. j 133,924.00
5.
Cash, Bank Deposits and Miscellaneous Personal Property (Schedule E)....... i
5. I
'~
6. Jointly Owned Property (Schedule F) O Separate Billing Requested ....... 6. I 49,516.00
7 sGransfers 8 Miscellaneous N
I
'
P
a
r
ny
u e
Billi
Sched
O
Se
ate
Re uested........
( ) P 9 q 7.
i
8. Total Gross Assets (total Lines 1 through 7) ............................. 8. ' 183,440.00
9. Funeral Expenses and Administrative Costs (Schedule H) ................... 9. 16,831.80
10. Debts of Decedent, Mortgage Liabilities and Liens (Schedule I) ............... 10. j
i
11. Total Deductions (total Lines 9 and 10) ................................. 11.
12.
Net Value of Estate (Line 8 minus Line 11) .............................. f
12. j
166,608.20
13. Charitable and Governmental Bequests/Sec 9113 Trusts for which
l
cti
n to tax has not been made (Schedule J)
13
~
'
........................
an e
e
o . :
14. Net Value Subject to Tax (Line 12 minus Line 13) ........................ 14. j 166,608.20 ~
TAX CALCULATION -SEE INSTRUCTIONS FOR APPLICABLE RATES
15. Amount of Line 14 taxable
at the spousal tax rate, or
transfers under Sec. 9116 - - ------ ---- ---~--_______.__..._T_-_.._.
(a)(1.2) X .0_ 15.
16. Amount of Line 14 taxable
at lineal rate x .0 45 j 166,608.20 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
1505610205 1505610205
J
REV-1500 EX (FI) Page 3
Decedent's Complete Address:
File Number
DECEDENTS NAME
Marjorie W. Austin
STREET ADDRESS
227 Rich Valley Road
CITY
Mechanicsburg STATE
PA ZIP
17050
Tax Payments and Credits:
1. Tax Due (Page 2, Line 19)
2. CreditslPayments
A. Prior Payments
B. Discount
3. Interest
9,515.70
475.18
4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT.
Fill in oval 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.
(1) 7,497.37
Total Credits (A + B) (2) 9,991.00
(3)
(4) 2,493.63
(5)
Make check payable to: REGISTER OF WILLS, AGENT.
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 .......................................................................................... ^
b. retain the right to designate who shall use the property transferred or its income ............................................ ^
c. retain a reversionary interest .............................................................................................................................. ^
d. receive the promise for life of either payments, benefits or care? ...................................................................... ^
2. If death occurred after Dec. 12,1982, did decedent transfer property within one year of death
without receiving adequate consideration? .............................................................................................................. ^
3. Did decedent own an "in trust for" or payable-upon-death bank account or security at his or her death? .............. ^ ~
4. Did decedent own an individual retirement account, annuity or other non-probate property, which
contains a beneficiary designation? ........................................................................................................................ ^
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 1,1994, 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. §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 statute 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 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(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)]. Asibling is defined,
under Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption.
REV-1507 EX+ (6-98)
SCHEDI~ILE D
COMMONWEALTH OF PENNSYLVANIA MORTGAGES & NOTES
INHERITANCE TAX RETURN RECEIVABLE
RESIDENT DECEDENT
___
ESTATE OF FILE NUMBER
Marjorie W. Austin 21-12-1105
All property jointly-owned with right of survivorship must be disclosed on Schedule F.
(If more space is needed, insert additional sheets of the same size)
REV-i5og EX+ (oi-io)
~ pennsylvania
DEPARTMENT OF REVENUE
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE F
JOINTLY-OWNED PROPERTY
ESTATE OF: FILE NUMBER:
Marjorie W. Austin 21-12-1105
If an asset became jointly owned within one year of the decedent's date of death, it must be reported on Schedule G.
SURVIVING JOINT TENANT(S) NAME(S) ADDRESS RELATIONSHIP TO DECEDENT
A. Jeffrey S. Austin 227 Rich Valley Road son
Mechanicsburg, PA 17050
B' Amy T. Ferandez 264 H Street granddaughter
Carlisle, PA 17015
C.
JOINTLY OWNED PROPERTY:
ITEM
NUMBER LETTER
FOR JOINT
TENANT DATE
MADE
JOINT DESCRIPTION OF PROPERTY
INCLUDE 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 °k OF
DECEDENT'S
INTEREST DATE OF DEATH
VALUE OF
DECEDENT'S INTEREST
i. A. State Farm Bank 93,347.00 50 46,673.00
Acct # 1011150715
2. B 05106109 Metro Bank 5,685.00 50 2,843.00
Acct # 513363564
TOTAL (Also enter on Line 6, Recapitulation) $ 49,516.00
If more space is needed, use additional sheets of paper of the same size.
REV-1511 EX+ (10-09)
~ pennsylvania
DEPARTMENT OF REVENUE
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE H
FUNERAL EXPENSES AND
ADMINISTRATIVE COSTS
ESTATE OF FILE NUMBER
Marjorie W. Austin 21-12-1105
Decedent's debts must be reported on Schedule I.
ITEM
NUMBER DESCRIPTION AMOUNT
A. FUNERAL EXPENSES:
1' Hoffman Roth Funeral Home 2,756.00
B. ADMINISTRATIVE COSTS:
1. Personal Representative Commissions:
Name(s) of Personal Representative(s)
Street Address
City State ZIP
Year(s) Commission Paid:
2.
3.
Attorney Fees:
Family Exemption: (If decedent's address is not the same as claimant's, attach explanation.)
Claimant Jeffrey S. Austin 8,800.00
3,500.00
Street Address 227 Rich Valley Road
city Mechanicsburg state PA ZIP 17050
Relationship of Claimant to Decedent son
4. Probate Fees:
327.50
5. Accountant Fees:
6. Tax Return Preparer Fees:
Z~ 'Penn State Hershey Medical Center 1,205.00
s. The Sentinel (legal advertising) 168.30
s. Cumberland Law Journal (legal advertising) 75.00
TOTAL (Also enter on Line 9, Recapitulation) ;';, 16,831.80
If more space is needed, use additional sheets of paper of the same size.
REV-1513 EX+ (01-10)
~ pennsylvania SCHEDULE ~
DEPARTMENT OF REVENUE
INHERITANCE TAX RETURN BENEFICIARIES
RESIDENT DECEDENT
ESTATE OF: FILE NUMBER:
Marjorie W. Austin 21-12-1105
RELATIONSHIP TO DECEDENT AMOUNT OR SHARE
NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY Do Not List Trustee(s) OF ESTATE
I TAXABLE DISTRIBUTIONS [Include outright spousal distributions and transfers under
Sec. 9116 (a) (1.2).]
1~ .:Jeffrey S. Austin .son 50%
227 Rich Valley Road
Mechanicsburg, Pennsylvania 17050
2. .Stephen R. Austin son 50%
1900 Southridge Terrace
:Northfield, Illinois 60093
ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH i8 OF REV-1500 COVER SHEET, AS APPROPRIATE.
II NON-TAXABLE DISTRIBUTIONS
A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT TAKEN:
1.
B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS:
1.
TOTAL OF PART II -ENTER 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.
~f}
1
LAST WILL AND TESTAMENT
OF
MARJORIE W. AUSTIN ~- -
I, MARJORIE W. AUSTIN, of 1229 North Pitt Street, Carlisle Borough, Cumberland
County, Pennsylvania, being of sound and disposing mind, memory and understanding, do make,
publish and declare this to be my Last Will and Testament, hereby revoking and making void all
previous Wills and Codicils heretofore made by me.
1
I order and direct my personal representative hereinafter named to pay all of my just debts,
funeral expenses and expenses involved or connected with the administration of my estate as soon
after my death as is reasonably possible. However, my personal representative need not accelerate
and pay those unmatured obligations which, in his, her or its opinion, it might be proper and more
advantageous to retain or renew and pay as they become due and payable. If I do not own a burial
lot or a ave marker at the time of my death, I authorize my personal representative, in his, her or
P ~'
its sole discretion, to purchase a burial plot and to erect a suitable grave marker at my grave, and to
expend sums from my estate for this purpose.
2
I give, devise and bequeath the rest, residue and remainder of my estate, together with all
insurance proceeds thereon of whatever nature and wheresoever situate in equal shares to my sons,
JEFFREY S. AUSTIN, of 227 Rich Valley Road, Mechanicsburg, Cumberland County,
Pennsylvania, and STEPHEN R. AUSTIN, of 1990 Southridge Terrace, Northfield, Illinois, per
stirpes, providing that they survive me by sixty (60) days.
Page 1 of 6
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LAST WILL AND TESTAMENT OF MARJORIE W. AUSTIN
3
I grant my personal representative the following powers in addition to and not in limitation
of such powers as my personal representative shall hold by law: ,.
(a) To retain all property received including the stock of any corporate fiduciary acting
hereunder, provided such property remains productive.
(b) To j oin in any corporation, partnership, recapitalization, merger, reorganization or
voting trust plan; to delegate authority with respect thereto; to deposit investments
under agreements and pay assessments; and generally to exercise all rights of
investors, including but not limited to, the voting of shares.
(c) To manage, operate, repair, improve, mortgage or lease on any terms any real estate
held or owned by my estate.
(d) To operate any business that I may own at my death.
(e) To invest any funds of my estate in any stocks, bonds, notes or other securities or
property, real or personal, without regard to the principle of diversification or any
other statute or general rule of law in his, her or its absolute discretion, it being my
intention to give my personal representative the broadest investment powers possible,
providing such investments do not unnecessarily prevent the prompt settlement of my
estate.
(fl To sell or otherwise dispose of any property, real or personal, tangible or intangible,
at any time forming a part of my estate in any manner and on such terms and
conditions as my personal representative shall see fit in his, her, or its absolute
discretion.
(g) To borrow money for the payment of taxes or for any other proper purposes in the
administration of my estate, and to mortgage or pledge estate assets as security.
(h) To compromise claims without court approval including, but not limited to, any
controversies with the United States of America or the Commonwealth of
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LAST WILL AND TESTAMENT OF MARJORIE W. AUSTIN
Pennsylvania concerning estate and inheritance taxes on any interests that may pass
under this my Last Will and Testament.
(i) To distribute in cash or in kind upon any division or distribution of my estate.
(j) To undertake any and all acts deemed necessary and proper by my personal
representative for the proper, advantageous and prompt management of the
settlement of my estate.
(k) In general, to exercise all powers in the management of my estate, -which any
individual could exercise in the management of similar property owned in his own
right, upon such terms and conditions as to him, her or it may seem best and to
execute and deliver all instruments and to do all acts which she deems necessary or
proper to carry out the purposes of this, my Last Will and Testament.
4
No interest of any beneficiary of my estate, either in income or in principal, shall be subject
to anticipation or pledge, assignment, sale or transfer in any manner, nor shall any beneficiary have
the power in any manner to charge or encumber his interest either in income or principal, nor shall
the interest of any beneficiary be liable or subject in any manner while in the possession of my
personal representative for the liability of such beneficiary.
5
I nominate, constitute and appoint JEFFREY S. AUSTIN as Executor of this my Last Will
and Testament. In the event JEFFREY S. AUSTIN is deceased, unable or unwilling to serve or
se to serve for an reason whatsoever, then I nominate, constitute and appoint STEPHEN
shall cea Y
STIN as ersonal representative of this my Last Will and Testament. I direct that my
R. AU p
ersonal representative shall not be required to give or post bond for the faithful performance of his,
p
her or its duties in this or any other jurisdiction.
Page 3 of 6
3
a •
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LAST WILL AND TESTAMENT OF MARJORIE W. AUSTIN
6.
I hereby declare it to be my express desire that my personal representative employ the law
firm of Knight & Associates, P.C., of Carlisle, Cumberland County, Pennsylvania, for legal advice
and assistance regarding this my Last Will and Testament, they having considerable knowledge of
my affairs, views and wishes respecting any matters that may arise at the probate of this instrument,
the administration of my estate, and the execution of the powers herein mentioned. Any mention
of Knight & Associates, P.C. in this my Last Will and Testament, is my free and voluntary act and
through no influence by any person.
IN WITNESS WHEREOF, I have hereunto set my hand to this my Last Will and Testament
this ~ l~h day of ~ Q Y p'I'1~.C1~ , 2005
~~,-
G~~
~~
Marj ne W. Austin
Page 4 of 6
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LAST WILL AND TESTAMENT OF MARJORIE W. AUSTIN
ACKNOWLEDGMENT
T-
COMMONWEALTH OF PENNSYLVANIA .
SS.
COUNTY OF CUMBERLAND
I, Marjorie W. Austin, the Testatrix whose name is signed to the attached or foregoing
instrument, having been duly qualified according to law, do hereby acknowledge that I signed and
executed the instrument as my Last Will and Testament; that I signed it willingly, and that I signed
it as my free and voluntary act for the purposes therein expressed.
w~
Mario e W. Austin
Sworn or affirmed and acknowledged before me by Marjorie W. Austin, the Testatrix, this
~~~~~-~ day of ~ Q V '~~ ~ , 2005.
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Page 5 of 6
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LAST WILL AND TESTAMENT OF MARJORIE W. AUSTIN
AFFIDAVIT
COMMONWEAI-TH OF PENNSYLVANIA SS. _
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COUNTY OF CUMBERLAND
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rc ~~- and ~ /4~. ,the
WE, S
witnesses whose names are attached to the foregoing document, being duly qualified according to
law do de ose and say that we were present and saw Marjorie W. Austin sign and execute the
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instrument as her Last Will and Testament; that she signed willingly and that she executed it as her
free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing
and sight of the Testatrix signed the Last Will and Testament as witnesses and that to the best of our
knowledge the Testatrix was at the time 18 or more years of age, of sound mind and under no
constraint or undue influence.
Sworn or aff ed and subs ribed before m~
`"~ this ~ day of ~ 0~/Pm ~b ~ , 2005.
GGI.
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F:\User Folder\Fvm Doa\Wills\3886-lmwaenll.wpd
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