HomeMy WebLinkAbout10-03-13 MARTSON I.JEARDORFF WILLIAMS OTTO GILROY & FALLER
MR 1 S ON WILUAM E MARISON DAVID A.Fn?S1MON5 '
JOHN B.FOwixft III CHRISTOPHER E. RICE
LAWt(�1 F F l(+ E S DAmEL K.Dr.At Daxm JIWX1FrR L.SMARS
THOMAS J.WILUAMS* SETH T.MosEREY
NO V.Orm III KAne .MAxwEU-
10 EAST HIGH STREET HUBER•r X.GEROY R.C.VANLANDINGHAM
CARI.ISI.E,PENNSYLVANIA 1 073 _ _ GEORGE B.FAuER JR*
TEt+cmoNF, (717)243-3341 *11M CEHInw CMLT.ui.SPF.CW
FACSIMI L (71.7)243-1850
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October 3, 2013 -
HAND DELIVERED
Glenda Farrier Strasbaugh
Register of Wills and
Clerk of Orphans' Court
ICourthouse Square, Room 102
Carlisle,PA 17013
Da
RE: .Estate of Fred McGillvray m o rT7 rn
Your File No. 2i-12-806 z
Our File No. 14857.1r C-�3 p
f }r
Dear Glenda: > ,
In connection with the above referenced matter, we filed an Accounting ano_Schedule of
Distribution on September 6, 2013, which,pursuant to Notice appropriately posted 15?yourr ottice,'
is scheduled for confirmation next Tuesday, October 8"•at 9:30 a.m.
Just today one of the office staff in an informal comment to Vicki Otto of my office indicated
that this Account was not being submitted to the Court for approval because "the Inheritance Tax
has not been paid."
We have given Notice to the Pennsylvania Department of Revenue as required by
Pennsylvanian Orphans' Court Rule 6.3 and Cumberland County Orphans' Court Rule 6.3-1.
To date, we have not received any objections filed by the Pennsylvania Department of
Revenue.
We acknowledge that the Inheritance Taxes have not been paid, and examination of the
Proposed Schedule of Distribution indicates that the beneficiary of the Estate, who is getting the
main asset(real estate)of the Estate via specific devise,will be paying all of the bills(including the
Pennsylvania Inheritance)through separate sources and she will be taking the real estate"in kind."
It is our position that the Register of Wills does not have any authority to refuse to submit
a filed Accounting and Proposed Schedule of Distribution to the Court based upon the assertion that
"the Inheritance Tax has not been paid."
INFORMATION i ADVICE • ADVOCACY SM _ �7
October 3, 2013
Page 2
We find this doubly troubling in light of the fact that your office has already advertised that
the Accounting and Schedule of Proposed Distribution will be submitted to the Court for review and
confirmation next Tuesday.
Finally, I am concerned with the fact that we did not receive any formal notice of your
office's intention in this matter except for an off hand comment by one of your staff members.
Perhaps this is a misunderstanding on communications with your office staff or my office
staff and, if that is the case, please advise and we will take no further action. However, if your
intention is to not submit this matter to the Court for addressing at next Tuesday's confirmation of
Accounts,please advise immediately and we will file the appropriate petition with the Court to have
this matter addressed in advance of Tuesday, October 8th
Thank you for your cooperation and I look forward to hearing from you on this matter.
Very truly yours,
MARTSOONN LW OFFICES
Hubert X. Gilro
HXG/vlo
cc: Kirk Sohonage, Esquire (via facsimile)
F:\F1LES\Clients\14857 McGillvray\14857.].row.l.wpd
INFORMATION • ADVICE • ADVOCACY SM