HomeMy WebLinkAbout10-24-13 -J 1505610105
REV-1500 Ex`029])(F1)
OFFICIAL USE ONLY
Department Revenue Pennsylvania
Bu County Code Year File Number
Bureau of Individual Taxes
PO BOX 280661 INHERITANCE TAX RETURN — — —�
/ IV c
Harrisburg,PA 17128-ofiot RESIDENT DECEDENT
ENTER DECEDENT INFORMATION BELOW
Social Security Number Date of Death MMDDYYYY Date of Birth MMDDYYYY
— 07/24/2012 i 1 11/02/1926
Decedent's Last Name Suffix Decedent's First Name MI
Wanich i Rita i q
(If Applicable)Enter Surviving Spouse's Information Below
Spouse's Last Name Suffix Spouse's First Name MI
I
---_
Spouse's Social Security Number
— — -- THIS RETURN MUST BE FILED IN DUPLICATE WITH THE
REGISTER OF WILLS
FILL IN APPROPRIATE OVALS BELOW - - -
CD 1. Original Return O 2.Supplemental Return O 3. Remainder Return(Date of Death
Prior to 12-13-82)'
p 4. Limited Estate O 4a. Future'Interest Compromise(date of O 5. Federal Estate,Tax Return Required
death after 12-12-82)
Op 6, Decedent Died Testate CM 7.Decedent Maintained a Living Trust 0 8. Total Number of Safe Deposit Boxes
(Attach Copy of Will) - •(Attach Copy of Trust)
O 9. Litigation Proceeds Received O 10. Spousal Poverty Credit(Date of Death O 11. Election to Tax under Sec.9113(A)
Between 12-31-91 and 1-1-95) (Attach Schedule O)
CORRESPONDENT- THIS SECTION MUST BE COMPLETED.ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED T0:
Name Daytime Telephone Number
Mark C. Wanich, III �
(813) 9 4561
rn
REGISTER OF WILLS-AuSE 6902
First Line of Address c:
18203 Clear Lake Drive
Second Line of Address
rrl
City or Post Office State ZIP Code
DATE FILE4 -�
Lutz FIL :33548
Correspondent's e-mail address: MCW3@yahoo.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.
SIG TORE OF P RS_,�,R�SPON91gLEIFOR FILING R RN DATE
n w'< ��� 1j� 210/22/2001/3
ADDRESS I
SIGNATURE OF PREPARER OTHER THAN REPRESENTATIVE DATE
ADDRESS
PLEASE USE ORIGINAL FORM ONLY
Side 1
L 1505610105' 1505610105
1505610205
REV-1500 EX(Fl)
Decedent's Social Security Number
Decedent's Name: Rita A WaniCh f
RECAPITULATION
1. Real Estate(Schedule A). . .. .... .... .. . .. .. .... .. . . .. ... .. .... .. .. .. . 1. 0.00
2. Stocks and Bonds(Schedule B) .... .. .... . .... .. . . .. .... ..... ... . .. .. . 2. 817,250.60
3. Closely Held Corporation, Partnership or Sole-Proprietorship(Schedule C) . .... 3. 0.00
4. Mortgages and Notes Receivable Schedule D 4. 85,623.50
5. Cash,Bank Deposits and Miscellaneous Personal Property(Schedule E)... ... . 5. 117,176.87
6. Jointly Owned Property(Schedule F) O Separate Billing Requested . .... .. 6. 1,961.04
7. Inter-Vivos Transfers&Miscellaneous Non-Probate Property
(Schedule G) C=3 Separate Billing Requested... .. .. . 7.
8. Total Gross Assets(total Lines 1 through 7):.. .... .. ... .. .. .. .. . . .. . . .. 8. 1,022,012.01
9. Funeral Expenses and Administrative Costs(Schedule H). ...: .. ... .. . . .. .. . 9. _ -X21,415.00
10. Debts of Decedent, Mortgage Liabilities and Liens(Schedule 1).. .. . .. .. . ... .. 10. 30,640.39
11. Total Deductions(total Lines 9 and 10). .. . ... .. ... .. .. .. .... .. ... .. .. .. 11. 52,055.39
12. Net Value of Estate(Line 8 minus Line 11) .. .... .. .. . .. .. .. ... ... . . . .. .. 12. 969,956.62
13. Charitable and Governmental Bequests/Sec 9113 Trusts for which
an election to tax has not been made(Schedule J) .. . ... . .. .... .. ... .. . . .. 13.
14. Net Value Subject to Tax Line 12 minus Line 13 14. 969,956.62 I
TAX CALCULATION-SEE INSTRUCTIONS FOR APPLICABLE RATES
15. Amount of Line 14 taxable
at the spousal tax rate,or
transfers under Sec.9116
(a)(1.2)X.0_ 15.
16. Amount of Line 14 taxable
at lineal rate X.0 45 969,956.62 16. 43,648.05
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. 43,648.05
20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT
Side 2
L 1505610205 1505610205 J
REV-1500 EX(FI) Page 3 File Number
Decedent's Complete Address:
DECEDENTS NAME
Rda A Wanich
STREET ADDRESS
107 Ege Rd
CITY STATE ZIP
Carlisle FL 17015
Tax Payments and Credits:
1. Tax Due(Page 2,Line 19) (1) 43,648.05
2. Credits/Payments
A.Prior Payments 55,000.00
B.Discount
Total Credits(A+B) (2) 55,000.00
3. Interest
(3)
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. (4) 11,351.95
5. If Line 1 +Line 3 is greater than Line 2,enter the difference.This is the TAX DUE. (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.......................................................................................... ❑ 0
b. retain the right to designate who shall use the property transferred or its income ............................................ ❑ E
c. retain a reversionary interest .............................................................................................................................. ❑ 0
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?.............................................................................................................. ❑ 0
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
containsa 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)].A sibling is defined,
under Section 9102,as an individual who has at least one parent in common with the decedent,whether by blood or adoption.
Print Page 1 of 1
Subject RITA A.WANICH ESTATE
From Blattenberger.Linda(Iblattenbe @pa.gov)
T. MCW3 4VAHOO.COM;
Date: Monday,April 15,2013 11:05 AM
()2111' sytvania
DEPARTMENT OF REVENUE
The following measave is being sent INm an unmonkoned account Please do naf mpry.
Re: Estate of RITA A.WANICH
Social Security No.:209-16-7281
Date of Death:07/24/12
Dear Sir or Madam:
This e-mail is to verify that you have been granted an extension of 6 months which will terminate on 10/24/13. This is an extension of time to Ole,not an extension of time
to pay. Interest will begin to accrue on any unpaid Pennsylvania inheritance tax as of 04124/13. As no county,Tile number has been issued,this ext?p=ion cannot be
entered into the Departments computer.
A copy of this e-mail should be attached to both copies of the Pennsylvania inheritance tax return when it is fled with the Register of Wills in PROPER County.
If you have any questions concerning this e-mail,please contact me at 717-787-8327.
Sincerely,
Laurel Fulmer,Supervisor
Inheritance Tax Division
Please do net reply to this email,This mailbox is not monitored and you will not receive a response.For assistance,visit us on the web at vmwravenue.slate.pa us or call us at 717-787-
8327
The information oansmitred is intended only for she person or entity to whom it is addressed and may contain con6denual andior privileged material.Any use of This information other than by ife intended
ecipicntisprohibited If you recave Nis message in error,please send a reply e-mail to the sender and delete the material from any and all computers
penncl/. v ania
DEPARTMENT OF REVENUE
http://us.mg5.mail.yahoo.com/neo/launch?.partner=vz-acs&.rand=3 s3hcte... 10/23/2013
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
REV-1162 EX(I1-96)
BUREAU OF INDIVIDUAL TAXES
DEPT.280601
HARRISBURG,PA 17128-0601
PENNSYLVANIA
RECEIVED FROM: INHERITANCE AND ESTATE TAX
OFFICIAL RECEIPT
NO. CD 017473
WANICH MARK C III
18203 CLEAR LAKE DR
LUTZ, FL 33548
ACN
ASSESSMENT AMOUNT
CONTROL
NUMBER
.....---- ,41E
101 $55,000.00
ESTATE INFORMATION: SSN:
FILE NUMBER: 2113-0448
DECEDENT NAME: WANICH RITA A
DATE OF PAYMENT: 04/19/2013
POSTMARK DATE: 0411 9/201 3
COUNTY: CUMBERLAND
DATE OF DEATH: 07/24/2012 i
TOTAL AMOUNT PAID: $55,000.00
REMARKS:
CHECK# 387
INITIALS: HMW
SEAL RECEIVED BY: GLENDA FARNER STRASBAUGH
REGISTER OF WILLS
TAXPAYER
I
RECEIPT FOR PAYMENT
GLENDA FARNER STRASBAUGH Receipt Date : 4/19/2013
Cumberland County - Register Of Wills Receipt Time : 12 : 47 : 20
One Courthouse Square Receipt No . :
Carlisle, PA 17013 1073884
WANICH RITA A
Estate File No. : 2013-00448 ---
Paid By Remarks : MARK WANICH
HMW
- - - - - ------ - ------------ Receipt Distribution ------ ------ - ----- ---- - -
Fee/Tax Description Payment Amount Payee Name ,
PETITION LTRS TEST 260 . 00 CUMBERLAND COUNTY GENERAL FUN
WILL 15 . 00 CUMBERLAND COUNTY GENERAL FUN
SHORT CERTIFICATE 25 . 00 CUMBERLAND COUNTY GENERAL FUN
JCS FEE 23 . 50 BUREAU OF RECEIPTS & CNTR M.D
AUTOMATION FEE 5 . 00 CUMBERLAND COUNTY GENERAL FUN
INVENTORY 15 . 00 CUMBERLAND COUNTY GENERAL FUN
INH TAX RETURN 15 . 00 CUMBERLAND COUNTY GENERAL FUN
RENUNCIATION 5_00 CUMBERLAND COUNTY GENERAL FUN
Check# 386 $363 . 50
Total Received. . . . . . . . . $363 . 50
REV-1502 Ex+(it-Da)
jpennsytvania SCHEDULE A
DEPARTMENT OF REVENUE
INHERITANCE TAX RETURN REAL ESTATE
RESIDENT DECEDENT
ESTATE OF FILE NUMBER
Rita A Wanich 2113-0448
All real property owned solely or as a tenant In common must be reported at fair market value.Fair market value is defined as the price at which property
would be exchanged between a willing buyer and a willing seller,neither being compelled to buy or sell,both having reasonable knowledge of the relevant facts.
Real property that is jointly-awned with right of survivorship must be disclosed on Schedule F.
Attach a copy of the settlement sheet if the property has been sold.
ITEM Include a copy of the deed showing decedent's interest if owned as tenant in common. VALUE AT DATE
NUMBER OF DEATH
. DESCRIPTION
I. NONE 0.00
Now
i .
t
s
TOTAL(Also enter on Line 1, Recapitulation.) s ' 0.00
If more space is needed,insert additional sheets of the same size. -
REV-g03 EX-(7-n)
pennsylvania SCHEDULE B
DEPARTMENT OF REVENUE
RESIDENT DECEDENT STOCKS & BONDS
RESIDENT DECEDENT
ESTATE OF
Rita A Wanich FILE NUMBER
2113-0448
All property jointly owned with right Of surVIVOrship must be disclosed on Schedule F.
ITEM
NUMBER DESCRIPTION VALUE AT DATE
OF DEATH
1 Stocks and Stock Funds held at FSC Securities
389,400.00
Bonds held at Morgan Stanley
427,850.60
�LJ,i2
TOTAL(Also enter on Line 2, Recapitulation) ; 817,250.60
If more space is^eeded, insert additional sheets of the same size
Date of Death Valuation for Rita Wanich Exhibit A to Schedule B
Security Quantity Date of Death Unit Cost($) Total Cost($)
Cash $25,334.28
MUNICIPAL BONDS Position
Lancaster Pa Be 41/2 11-01-46 15,000.00 7/24/2012 103.06 15,468.00
Pa St Go Be 4�/8 5-15-28 25,000.00 7/24/2012 110 27,540.00
Pa St Highr Ed Be 5.000 4-01-26 50,000.00 7/24/2012 111.19 55,745.00
Pa St Tpk-A-1 Be 5.000 6-01-29 25,000.00 7/24/2012 109.69 27,460.00
Phila Gas Wks Be 5.00010-01-32 30,000.00 7124/2012 105 31,527.Q0
Phila Hosps-A Be 41/2 7-01-37 30,000.00 7/24/2012 104.57 31,398.00
Phila Wtr-A Be 4 1/2 8-01-25 30,000.00 7/24/2012 108.01 32,448.00
Philadiphla Go Be 4 3/4 8-01-25 15,000.00 7/24/2012 104.8 15,738.00
Philadiphia Go Be 5.000 8-01-22 40,000.00 7/24/2012 106.45 42,644.00
Phildlpha Go-A Be 5.000 8-01-26 20,000.00 7/24/2012 112 22,432.00
Pr Hwy Transn Be 51/8 7-01-43 10,000.00 7/24/2012 108.73 10,920.00
Pr Hwy Transn Be 5.000 7-01-42 10,000.00 7/24/2012 104.55 10,455,00
Pr Hwys-N Be 5 1/4 7-01-31 50,000.00 7/24/2012 112.53 56,285.00
Pr Pub Impt-A Be 5 1/4 7-01-29 15,000.00 7/24/2012 106.45 15,985.50
Puerto Rico Co Be 5.000 7-01-42 5,000.00 7/24/2012 10019 5,01050
Total Municipal Bonds 1 $401,056.00
CORPORATE FIXED INCOME Position
Gmac 6.200 4-15-19 7,000.00 1 7/24/20121 K981 6,788.60
Gmac 7 1/4 9-15-18 20,000.00 7/24/20121 100.031 20,006.00
Total Corporate Fixed Income 1 $26,794.60
Disclaimer
E-This transaction was executed elsewhere and the securities were later transferred to your
Morgan Stanley Smith Barney LLC account.The trade history for this transaction was provided to
A-Priced Assets calculation includes all assets excluding Cash, MMF&Deposits.This aggregate numl
The gain and loss information is provided for informational purposes only,is not a substitute 1099
form (or any other appropriate tax form), and should not be used for tax preparation. Unrealized
gain and loss values are estimates and should be independently verified.We recommend that you
Gain and loss information is calculated based upon uniform standards and does not account for
each individual client's particular circumstances such as the existence of hedging transactions or
constructive sales.Although we make every effort to adjust the cost basis for securities'capital
For accounts with Choice Select pricing,the commissions paid on your eligible equity and option
With respect to estimated gains and losses for listed equity options,we have taken into account
option premiums paid or received and,in respect to multiple purchases and/or sales,calculated
We are not responsible for any gain and loss information provided by you or another financial
institution;you are responsible for ensuring the accuracy of such information.Whether provided by
you,another financial institution or MSSB,it is your responsibility to ensure the accuracy of all of
For clients wishing to make versus purchase sales that information needs to be conveyed at the
time of the sale. Unless you tell us otherwise,we use first in first out(FIFO)accounting.
Kent —Bartchy Linda Kent,CFP
Investment Resources Registered Principal/FSC Corporation
500 Office Center Drive,Suite 400
Fort Washington.PA 19034
August 30, 2012 (267)513-1821
Exhibit B Schedule B Rita A Wanich Probate and Inheritance
Filing
Portfolio Summary as of 0712412012
Combined Portfolio Balance: $559,544.29
Detail follows
This report is a service from your Investment Professional, not a substitute for your account statements
and confirmations. This report is prepared as of trade date rather than settlement date and may be
prepared on a different date than your statement. This report uses information from Ocview and
NetX360, sources believed to be reliable but cannot guarantee the accuracy of this information or the
reliability of these sources. If you find discrepancies in this report, please contact your Investment
Professional.
Page 1 of 2
Registered Principal offering securities and investment advisory services through FSC SECURITIES CORPORATION,
member F1NRA/SIPC and a registered investment advisor. KENT-BARTCHY INVESTMENT RESOURCES is not affiliated
with FSC SECURITIES CORPORATION or registered as a broker-dealer of investment advisor.
Account Detail
xxxxx602 Retirement Account
L'alue (S)
Symbol Quantity Security Description 07/24/2012
1293.04 Brokera e Money Market
2-293.04
DFBAX 3,492.06 Delaware Moderate Allocation Port A 38.203.09
FDYNX 899.75 Franklin D rnatech C 25.139.13
MIGCX 1,01030 Oppenheimer Main Street C 33,659.59
..�[ Account total: 99,294.85
xxxxxxx$7 - { Private Annuity
Value(S)
Sy mbp
l uanfity Security Description 07l24l2012
11,02836 Hartford Stock HLS Fund 72,779.02
Account total: 72,779.02
xxxxx202__ TR°
Value ($)
S mbol Quantity Security Description 07/24/3012
CIBCX 550.46 American Funds Cap INC Builder C 28,034.88
BAX 140.00 Baxter International INC Com 7.694.40
11,703.95 Brokerage Money Market 11,703.95
NYVCX 2,550.16 Davis New York Venture Class C 83,517.74
DFBAX 1,053.62 Delaware Moderate Allocation Port A 11,526.58
MCDVX 1.255.45 Equity Dividend Class C 23,276.02
FCVSX 1,840.40 Fidelity Convertible Securities 42,476.41
FRDTX 959.58 Franklin Rising Div Fund-Class C 33,566.25
GMT 919.00 GATX Corp Com 36,95199
NS 1,023.00 Nustar Energy LP Unit Com 55,027.17
NNGAX 427.64 Nuveen Multi-Manager LG CAP VAL A 8,377.39
OPRGF 600.00 1 Oriental Press Group LTD SHS 62.64
PG 167.00 1 Procter and Gamble CO Com 10,691.34
VWELX 1,056.64 Van uardWellin tonINV 34.562.66
Account total: 387,470.42
Page 2 of 2
r
REV7804 EX+(698) SCHEDULE C
CLOSELY-HELD CORPORATION,
COMMONWEALTH OF PENNSYLVANIA PARTNERSHIP OR
INHERITANCE TAX RETURN
RESIDENT DECEDENT SOLE-PROPRIETORSHIP
ESTATE OF FILE NUMBER
Rita A Wanich 2113-0448
Schedule C4 or C4(including all supporting information)most be attached for each daselyheld corporatioNpartnership interest of the decedent,other than a
sole-proprietorship.See instructions for the supporting information to be submitted for sole-proprietorships.
ITEM NUMBER - VALUE AT DATE
NUMBER DESCRIPTION OF DEATH
4. None q.00
r
F
r �
e
.- 1.
TOTAL(Also enter on tine 3,Recapitulation) $ 0.00
(if more space is needed,insert additional sheets of the some size)
REV-1507 EX+(6-98)
SCHEDULE D
COMMONWEALTH OF PENNSYLVANIA MORTGAGES & NOTES
INHERITANCE RESID NTDECEDENTRN RECEIVABLE TAX
ESTATE OF
Rita A Wanich FILE NUMBER
2113-0448
ITEM All property Jointly-owned with right of survivorship must be disclosed on Schedule F.
NUMBER
DESCRIPTION VALUE A— 7pATE
Promissory note from Mark Wanich III dated May 1 1991 $25,000 of DEATH
Promissory note from Mark Wanich III dated April 241994$5000 53,583.00
Promissory note from Mark Wanich III dated August 3 1994$8000 9.582.50
Promissory note from Mark Wanich III dated February 2, 1995$4000 15,236.00
7,222.00
t
tT
iy
1�
3 .
I �
s:
TOTAL(Also enter on line 4, Recapitulation) $ 85,623.50
(If more space is needed,insert additional sheets of the same size)
I
REV-1508 Ex+(11-10) ,
MJpennsylvania SCHEDULE E
DEPARTMENT OF REVENUE CASH, BANK DEPOSITS & MISC.
INHERITANCE TAX RMRN PERSONAL PROPERTY
RESIDENT DECEDENT
ESTATE OF: FILE NUMBER:
Rita A Wanich 2113-0448
Include the proceeds of litigation and the date the proceeds were received by the estate.
All property jointly owned with right of survivorship must be disclosed on Schedule F.
ITEM VALUE AT DATE
NUMBER DESCRIPTION OF DEATH
Cash Orrstown Bank held in trust for Mark Wanich and Nancy Romita non probate see sched F 19,665.70
cash Morgan Stanley(held in trust)non probate 25,334.58
cash FSC(held in trust)non probate 11,049.29
miscellaneous items from cottage net proceeds from auction 1,137.88
retirement earned prior to death$964.94 Exempt ' 0.00
i
social security net in July$654 exempt 0.00
Cash items found in residence 543.00
Deposittreceivable from Cumberland Crossings/Diakon not received as of Oct 23,2013 80,250.00
I
I
. * i
TOTAL(Also enter on Line 5, Recapitulation) IL�`117,176.87
If more space is needed,use additional sheets of paper of the same size.
REV-1509 EX+(o]-io)
pennsylvania SCHEDULE F
DEPARTMENT OF REVENUE
INHERrTANCE TAX RETURN JOINTLY-OWNED PROPERTY
RESIDENT DECEDENT
ESTATE OF: FILE NUMBER:
Rita A Wanich 2113-0448
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•Nancy Romita 4412 Wyckford Rd Daughter
T Baltimore MD 21210
B.Mark C Wanich 111 18203 Clear Lake Drive' Son
Lutz FL 33548
C=
JOINTLY OWNED PROPERTY: t.
LETTER DATE DESCRIPTION OF PROPERTY %OF DATE OF DEATH
ITEM FOR]DINT MADE INCLUDE NAME OF FINANCIAL INSTITUTION AND BANK ACCOUNT NUMBER OR SIMILAR DATE OF DEATH DECEDENTS VALUE OF
NUMBER TENANT JOINT IDENTIFYING NUMBER.ATTACH DEED FOR JOINTLY HELD REAL ESTATE, VALUE OF ASSET INTEREST DECEDENTS INTEREST
( 1' ( A. 03115/11 f OrrstownBank#106005326 Checking 3,922.08 50 1,961.04
i 2I 1 B 1 03/15111 Orrstown Bank#106005326 Checking
f� [ A] 03/15/11 0rrstown Bank#106800649 Money Market In Trust for joint owners 15,743.62 �1� `00 0.00
U4 03I1511t (O rst�own�Bank#106800649 Money Market tl (�
❑ F-1
i�i
El F-1
F-1 =
❑ ❑ o � ❑
❑ ❑ ate � ❑
❑ ❑ o � o
CQ D CD F_ C1
❑ ❑ =
D [:],=IF-
TOTAL t--
(Also enter on Line 6, Recapitulation) $E' 1,961.44
If more space is needed, use additional sheets of paper of the same size.
REV-1510 EX+(08.09) ,
pennsylvania SCHEDULE G
' DEPARTMENT OF REVENUE INTER-VIVOS TRANSFERS AND `
INHERITANCE TAX RETURN MISC. NON-PROBATE PROPERTY
RESIDENT DECEDENT
ESTATE OF PILE NUMBER
Rita A Wanich 2113-0448
This schedule must be completed and filed if the answer to any of questions 1 through 4 on page three of the REV-1500 is yes.
ITEM
DESCRIPTION OF PROPERTY
DATE OF DEATH %OF DECD`5 EXCLUSION TAXABLE
iN4THE'tAE NAME OF ATTACK A,TREIR TiE EEDFO RM ETATE, n)
NUMBER THE wrEaraacsTNi.arraaamwoT THE GEED FOR nEU ESTATE, � � VALUE OF ASSET INTEREST VALUE
1. Orrstown Bank CO In Trust for Krista Romita Grandaughter 10,250-00 0 000
0311512011
_
Orrstown Bank CD In Trust Allegra Romita Grandaughter 10,250.00 0 0.00
03115/2011
Orrstown Bank CD In Trust Meaghan Wanich Grandaughter 10,250.00 0 0.00
0311512011
Orrstown Bank CD In Trust Mark C Wanich IV Grandson ? 10,250.00 0 +0 OQ
03115/20111
_
Orrstown Bank CO In Trust Louis David Wanich Grandson 10,250.00 0 0.00
0311512011 - �
Orrstown Bank Money Market In Trust Nancy omita and Mark Wanich III
y f 15,743.62 0 0.00
I a
Orrstown Bank Checking In Trust Nancy Romita and Mark Wanich III 3,922.08 50 1,961.04
Morgan Stanley Rita A Wanich Living Trust Nancy Wanich Romita and Mark 427 850 60 0 0
C Wanich,III Beneficiaries and Trustees at DOD.
FSC.Rita A Wanich Living Trust Nancy Wanich Romitat and Mark C Wanich, 3$7,470.42 0 0.00
III Beneficiaries and Trustees at DOD.
❑ Hartford Annuity Nancy Wanich Romita and Mark C Wanich III beneficiaries 72,779.02 0 0.00
❑ FSC Rita A Wanich IRA Nancy Wanich Romita and Mark C Wanich as 99
beneficiaries '.
ti
- S
f I
TOTAL(Also enter on Line 7, Recapitulation) $ 1,961.04
If more space is needed,use additional sheets of paper of the Same size. -
REV-1511 EX+(10-09)
pennsytvania SCHEDULE H
DEFARTMENTOi REVENUE FUNERAL EXPENSES AND
INHERRANCE TAX RETURN ADMINISTRATIVE COSTS
RESIDENT DECEDENT
ESTATE OF FILE NUMBER
Rita A Wanich 2113-0448
Decedent's debts must be reported on Schedule I.
ITEM
NUMBER DESCRIPTION AMOUNT
A. FUNERAL EXPENSES:
1. Flansportation of body - 250A0
❑2 Memorial Service PA 1 487.00
F31 Memorial Service Rockville Centre NY96h�
❑
❑ t--�-?
El
S. ADMINISTRATIVE COSTS:
1. Personal Representative Commissions: 10,000.00
Name(s)of Personal Representative(s) Mark C Wanich III -
Street Address 18203 Clear Lake Drive
City Lutz state FL Zip 33548
Year(s)Commission Paid: 2013
2. Attorney Fees: 4,000.00
3. Family Exemption:(If decedent's address is not the same as claimant's,attach explanation.)
Claimant
Street Address
City State ZIP
Relationship of Claimant to Decedent
4, probate Fees: - 63 50
S. Accountant Fees:
6. Tax Return Preparer Fees: 1' !
7. ITransportation,meals,lodging for coexecutors,administrator 7.27.2012 - 7-31.2012 1,907.09MI i
❑ Transportation lodging administrator file probate 04119/2013 w 498.00
❑ Transportation lodging memorial services co executors and administrator 1,943.00
TOTAL(Also enter on Line 9, Recapitulation) 21,415.00
If more space is needed,use additional sheets of paper of the same size.
REV-1512 EX+ (12-08)
pennsytvania SCHEDULE I
DEPARTMENT OF REVENUE DEBTS OF DECEDENT,
INHERITANCE TAX RETURN
RESIDENT DECEDENT MORTGAGE LIABILITIES &LIENS
"
ESTATE OF FILE NUMBER.
2213-0448
Report debts incurred by the decedent prior to death that remained unpaid at the date of death,including unreimbursed medical expenses.
ITEM VALUE AT DATE
NUMBER DESCRIPTION OF DEATH
1• IRS Federal Taxes 2012 19,269,00
PA Dept of Revenue State Taxes-2012 3,599.00
Imedial expenses unreimbursed 6,145.30
Dalkon-Cumberland Crossings living expenses 1,562.00
Utilities- _—^ _^� r 65.09
I J- .
0
TOTAL(Also enter on line 10,Recapitulation) $ 30,640.39
If more space is needed,insert additional sheets of the same size. t
REV-1513 EX+ (01.10)
pennsylvania SCHEDULE
DEPARTMENT OF REVENUE
INHERITANCE TAI(RETURN BENEFICIARIES
RESIDENT DECEDENT
ESTATE OF:
Rita A Wanich FILE NUMBER:
211 "448
JITAXABLE NAME AND ADDRESS Of PERSONS)RECEIVING PROPERTY RELATIONSHIP TO DECEDENT AMOUNT OR SHARE
DISTRIBUTIONS(Include outright spousal distributions and transfers under Do Not list Trustees) OF ESTATE Sec. 9116(a)(1.2).]
Nancy Wanich Romita 4412 Wickford Rd Baltimore,MD 21210 Daughter °50/o Mark Collins Wanich III 18203 Clear Lake Drive, Lutz FL 33548
Son 50%
Krista Romita 4412 Wickford Rd Balitmore MD 21210
grandchild $16050
Allegra Romita 4412 Wickford Rd Balitmore MD 21210
grandchild $16050
Mark Collins Wanich iv 18203 Clear Lake Drive, Lutz FL 33548
grandchild $16050
Louis David Wanich 18203 Clear Lake Drive,Lutz FL 33548
grandchild _ $16050
Meaghan Wanich Thompson 6441 Juliann CT SE Olympia WA 98513 grandchild
$16050
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V
ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 18 OF REV-1500 COVER SHEET,AS APPROPRIATE.
i1 NON-TAXABLE DISTRIBUTIONS
A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX 15 NOT TAKEN:
1.
t
s
B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS:
1.
R
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.
REGISTER OF WILLS CERTIFICATE OF
CUMBERLAND COUNTY GRANT OF LETTERS
PENNSYLVANIA
u�t
No. 2013- 00448 PA No. 21- 13- 0448
Estate Of: RITAA WANICH
Ow,Middle,Last)
Late Of: CARLISLE BOROUGH
CUMBERLAND COUNTY
0 Deceased
Social Security No:
WHEREAS, on the 23rd day of April 2013 an instrument dated
January 15th 2008 was admitted to probate as the last will of
RITA A WANICH
(First,Middle.Last)
late of CARLISLE BOROUGH, CUMBERLAND County,
who died on the 24th day of July 2012 and,
WHEREAS, a true copy of the will as probated is annexed hereto.
THEREFORE, I, GLENDA FARNER STRASBA UGH , Register of Wills in and
for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby
certify that I have this day granted Letters TESTAMENTARY to:
MARK C WANICH 111
who has duly qualified as EXECUTOR(RIX)
and has agreed to administer the estate according to law, all of which
fully appears of record in my office at CUMBERLAND COUNTY COURTHOUSE,
CARLISLE, PENNSYLVANIA.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal
of my office on the 23rd day of April 2013.
LY_CCr�4-Y
,,rr )Register/a^Wills it
/ Deputy
**NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)
n
c M m
4 S�7
CO ^ O
.LAST WILL AND TESTAMW.,
1, RITA A. WANICH, of Carlisle, Cumberland County, Fennsy&'wa%ei g of,�bund
mind, disposing memory and full legal age, do hereby make, publish anpdeclare this tocbe<my
Last Will and Testament,hereby revoking all Wills and Codicils heretofore made by me.
ONE. I direct my Executor or Executrix, as the case may be, to pay ail'of my
debts, funeral and administrative expenses as soon as convenient after my decease. Furthermore,
I direct that all state, inheritance, succession and other death taxes imposed or payable by reason
of my death and interest and penalties thereon with respect to all property composing of my gross
estate for death tax purposes, whether or not such property passes under this Will, shall be paid
by the Executor or Executrix of my estate. Further,to the extent that sufficient assets exist in my
estate, any and all inheritance or other estate taxes, whether to non-charitable or charitable
beneficiaries, shall be paid by my Executor or Executrix from the residuary of my estate. f�}
TWO. My Executor or Executrix may, at his or her discretion, compromise
claims, borrow money, retain property for such length of time as he or she may deem proper;
lease and sell property for such prices, on such terms, at public or private sales, as he or she may
deem proper; and invest estate property and income without restriction to legal investments
unless otherwise provided hereunder. I authorize and empower my Executor or Executrix to sell
any realty and/or personalty owned by me at my death and not specifically devised or bequeathed
herein, at public or private sale or sales and to give good and sufficient deeds and/or.bills of sale
therefor, in fee simple, as I could do if living. My Executor or Executrix is authorized and
empowered to engage in any.business in which I may be engaged at my death, for such period of
time after my death as seems expedient to said Executor or Executrix.
THREE. I give, devise and bequeath the remaining proceeds from the equity in my
cottage at Cumberland Crossings Retirement Community in equal shares to my grandchildren,
MEAGHAN A. THOMPSON, MARK C. WANICH IV, L. DAVIT? WANICH, KRISTA A.
ROMITA and ALLEGRA A. ROMITA, per stirpes, which provides that the child or children of
any deceased beneficiary shall take the share their parent would have taken if living.
FQUR. I give, devise and bequeath all the rest, residue and remainder of my estate
of whatever nature and wherever situate to the RITA A. WANICH LIVING TRUST dated
December 18, 1992, as amended, and it be distributed in accordance with the terms and
conditions therein.
FIVE. If, under any of the provisions of this Will, any principal becomes vested
in a minor, my Executor or Executrix, as the case may be, including any administrator c.t.a., shall
have the discretion either to pay over such principal or any part thereof to any parent of such v
minor, any guardian of the person or estate of such minor, or any person with whom such minor
resides, or to retain the same as trustee of a power in trust for the benefit of such minor during his
or her minority. Any of the principal thus retained, and any of the income therefrom, including
the whole thereof, may be paid to or applied for the benefit of such minor from time to time in
the discretion of the trustee of such power. When such minor reaches majority,the funds so held
shall be paid over to such person, or, if be or she shall sooner die, to his or her legal
representatives. In so holding any principal or income for any minor, the trustee of such power
shall have all the rights, powers, duties and discretion conferred or imposed upon my fiduciaries
acting under this Will. I further direct that no bond shall be required from any person receiving a
payment hereunder and receipt from such person shall be a full discharge to the trustee of such
power who shall not be bound to see to the application or use of such payment. The trustee of
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such power shall be entitled to commissions at the rates and in the manner payable to a
testamentary trustee,
SIX. I hereby nominate and appoint MARK C. WANICH III and NANCY W.
ROMITA, or the survivor of the two of them, to be the Co-Executors of this my Last Will and
Testament.
SEVEN. No person(s) shall benefit hereunder unless such beneficiary shall survive
me by sixty(60)days.
EIGHT. No Executrix or Executor or acting hereunder shall be required to post
bond or enter security in this or any other jurisdiction.
NINE. No beneficiary may assign, anticipate or pledge his or her interest in any
income or principal held or distributable hereunder, and no beneficiary's creditors may levy,
attach or otherwise reach any such interest.
TEN. If any person or institution entitled to share in any distribution under the
terms of this my Last Will and Testament becomes an adverse party in any proceeding to contest
the probate of this Last Will and Testament, such person or institution shall forfeit his, her or its
entire interest inherited hereunder and all provisions in favor of such person or institution shall
be declared void and of no effect. The share of such person or institution so forfeited shall be
distributed as part of the residue hereof except that if such person or institution is entitled to
share in the said residue, that interest shall be distributed proportionately to the other residuary
distributees.
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IN WITNESS WHEREOF, I have hereunto set my hand and seal this . /,s- day of
January, 2008.
(SEAL)
RITA A. WANICH
Signed, sealed, published and declared by the above-named person as and for a Last Will
and Testament, in our presence, who at said person's request, in said person's presence and in the
presence of each other have hereunto set our names as subscribing witnesses.
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THE RITA A. WANICH LIVING TRUST
THIS TRUST AGREEMENT, made and entered into this 18
day of December, 1992, by and between RITA A. WANICH, referred to
herein as "Settlor", and RITA A. WANICH, also referred to herein as
"Trustee".
PART I
SETTLOR'S DESIRES, RESERVATIONS AND DIRECTIONS
I. DESIGNATION OF TRUST
This Trust Agreement to be known as "THE RITA A. WANICH
LIVING TRUST."
II. PURPOSES
The Settlor's purposes in establishing the Trust created
hereunder and the sub-trusts to be created are:
A. To permit the Trustee to receive, hold and manage
assets while the Settlor is living, and to continue
to hold and manage these assets without
interruption upon the death of the Settlor;
B. To receive assets from the Settlor's estate; and
C. To establish a plan for the management, conservation
and eventual disposition of assets comprising the
estate of the Settlor.
The Trusts are primarily for the benefit of the
Settlor,and secondarily for the benefit of the
beneficiaries as hereinafter designated; and the
rights and interests of the beneficiaries are
subordinate to that purpose.
III. TRUST PROPERTY
A. Initial Property. The Settlor does hereby transfer,
convey and assign to the Trustee the property which may be
described in Schedule "A" attached hereto, and made a part hereof.
All of the property transferred to this Trust is the separate
property of the Settlor and is in no way to be construed as
community property of the Settlor. Such property shall constitute
the initial Trust estate and shall be held, administered and
distributed by the Trustee as hereinafter set forth.
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B» Additional Property. The Settlor or any individual
may add to this Trust, whether before or after the death of the
Settlor, by designating the Trustee as beneficiary of pension
plans, profit sharing plans, and life insurance policies, and by
transferring to the Trustee other property acceptable to the
Trustee, either by gift, assignment, bequest or devise. Such
property shall be held, administered and disposed of by the Trustee
in accordance with the provisions of this Agreement, without the
execution of any further instrument or declaration.
C. Character of Property. Unless otherwise indicated
on a separate schedule, Settlor hereby declares that all of the
Trust property transferred to the Trust in the future will be
separate in nature.
IV. AMENDMENT AND REVOCATION
While the Settlor is living, she may amend, alter,
revoke, or terminate this Agreement, or any provision of this
Agreement, in whole or in part, at any time or from time to time by
an instrument in writing delivered to the Trustee; provided,
however, that any such alteration, amendment or revocation shall
not affect any lawful act of the Trustee prior to receipt by the
Trustee of the required writing.
V. INSURANCE
The Settlor may cause the Trustee to be designated as
beneficiary or contingent beneficiary of certain life insurance
policies insuring the life of the Settlor.
The Settlor, as owner of the policy(ies) , reserves all
rights of ownership and specifically, but without limitation,
retains the following powers and rights with respect to the
policy(ies) :
A. The right to change the beneficiary(ies) ;
B. The right to receive all disability bensfits,
dividends, payments, loans or surrender values;
C. The power to borrow on, surrender or pledge.
These powers and rights may be exercised without the
consent or approval of the Trustee, or of any beneficiary under
this Agreement.
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The insurance proceeds payable to the Trustee shall be
subject to-all loans and charges against the proceeds as may have
accrued during the insured's lifetime.
The Trustee will execute upon the request of the Settlor
owning the policy, any release or other documents necessary or
appropriate to the exercise of any reserved power or right.
VI. DISTRIBUTION OF INCOME AND PRINCIPAL
A. During the Lifetime of the Settlor.
1. Income. So long as the Settlor is living, the
Trustee shall pay to her, or apply for her
benefit, all or as much of the net income of
the Trust estate as she may in her writing
direct.
2. Withdrawal of Principal. At the written
request of the Settlor, the Trustee shall
distribute to the Settlor as much of the
principal of the Trust estate, up to the
entire amount, as she may direct.
3. Inability of Settlor to Manage Affairs. If at
any time the Settlor is unable to manage her
affairs, the Successor Trustee may, in his or
her uncontrolled discretion, from time to
time, apply all or any part of the net income
and principal of the Trust estate as the
Successor Trustee deems necessary or advisable
for the medical care, comfortable maintenance,
welfare and support of the Settlor, in such
amount or amounts and in such manner as he or
she may designate without regard to the
Settlor's other means of support. Any income
which is not distributed shall be added to the
principal of the Trust at the end of each
year.
B. Distribution upon Death of Settlor: Upon the death
of the Settlor, the Successor Trustee shall distribute all the
Trust Corpus, both principal and interest, as followss
1. The entire estate shall be evenly divided
between Settlor's two (2) children, namely,
MARK C. WANICH III, presently residing in
Scottsdale, Arizona, and NANCY WANICH ROMITA,
presently residing in Baltimore, Maryland.
3 .
2. If in the event either of the beneficiaries
named in Article VI, sub-paragraph B.-1. ,
should predecease the Settlor with living
issue, then their representative share of said
Trust Corpus shall be distributed to their
living issue, PER STIRPES.
3. If in the event either of the beneficiaries
named in Article VI, sub-paragraph B.1. should
predecease the Settlor without having living
issue, then their representative share of said
Trust Corpus shall be distributed to Settlor's
surviving child.
4. In the event any of the beneficiaries herein
has not reached the age of Twenty-Five (25)
Years, his or her share shall be held in a
separate trust(s). Furthermore, said sub-
trust(s) is to be a support and education
trust(s) for said child(ren) 's education and
necessities of life as deemed necessary in the
sole discretion of the Trustee of the sub-
trust(s). The remaining trust corpus of this
sub-trust(s), including all principal and
accrued interest, shall be distributed by the
Trustee of the sub-trust(s) upon the
respective beneficiary(ies) 's Twenty-Fifth
(25th) birthday. The Trustee of said sub-
trust(s) shall be the surviving parent.
5. All distributions made herein are to be the
sole and separate property of the
beneficiary(ies) .
All beneficiaries and heirs not specifically
mentioned herein are intentionally omitted.
VII. SUCCESSOR TRUSTEE
A Successor Trustee or Co-Trustees may be appointed by
the Settlor during her lifetime. After the death of the Settlor,
or in the event the Settlor is unable to manage her affairs, MARK
C. WANICH III and NANCY WANICH ROMITA, or the survivor of them,
shall be appointed as Co-Successor Trustees.
• Successor Trustee or Co-Successor Trustees shall
succeed to all duties, powers and discretions of the Trustee.
• Successor Trustee or Co-Successor Trustee shall not be
liable or responsible in any way for the acts or defaults of the
originally named Trustee, or the prior Successor Trustee, or for
any loss or expense from or occasioned by anything done or
neglected to be done by a prior Trustee, but a Successor Trustee
shall be responsible only for his or her own acts, omissions or
defaults.
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I
PART II
ADMINISTRATIVE PROVISIONS
I. TRUSTEE'S PAYMENTS TO BENEFICIARIES
Payments of income and principal may be made to s .
beneficiary in person upon his or her personal receipt, or may, at
his or her discretion be made to any bank in the credit of the
beneficiary in an account carried in his or her name, or jointly
with another. Payments or distributions to a beneficiary may, in
the Trustee's uncontrolled discretion, be made by the Trustee for
the benefit of the beneficiary in any of the following ways:
A. Directly to the beneficiary;
B. To his or her legal representative, or to any other
person having the care and control of the beneficiary; or,
C. By the Trustee making payments directly for the
benefit of the beneficiary.
II. TRUSTEE'S RIGHTS AND POWERS
The Trustee shall have all such rights, powers, and
discretions as may be necessary or appropriate for effective
administration of the Trust, including but without limitation:
A. To hold securities in bearer form and to hold any
property in its name as Trustee, or in the name of a nominee
without indication of any fiduciary relationship.
B. To retain indefinitely, without liability for loss,
any property or interest in property received in kind by the
Trustee as an addition to the Trust estate regardless of the degree.
of risk, effect on diversification or nonproductivity of the
assets. With respect to the Survivor's Trust, the Trustee shall
not hold unproductive property as an asset of the Survivor's Trust
for more than a reasonable time during the lifetime of the Survivor
without his or her written consent.
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C. To sell, exchange, lease, grant options to purchase,
and execute contracts concerning trust property, real and personal,
for such considerations and upon such conditions and payment terms
as the Trustee may determine without regard to the termination date
of any Trust.
D. To invest and reinvest Trust funds from time to
time, including the right to buy, sell, trade and deal in bonds,
options, notes, debentures, corporate stocks of any class and
securities of every nature, contracts for the future delivery of
commodities of every nature, on margin or otherwise, including
short selling, trust instruments, common trust funds and investment
trust shares, real estate, or any other kind of real or personal
property or business interests including general and limited
partnerships without being limited by any statute or rule of law
concerning proper investments for Trustees; to assign interests in
investments to any separate trust or shares established by this
Agreement.
H. To accept any or all of the settlement options
contained in any of the policies of life insurance held by it in
lieu of electing to receive the face amount of such policy.
F. To participate in the management of business
enterprises as a stockholder, partner or principal; to participate
in any organization or reorganization of a business enterprise
committing and transferring trust assets or funds for such
purposes; to vote stock by proxy or otherwise; to deposit or
transfer securities to protective or voting committees or similar
bodies; and to exercise and execute any documents and delegate
authority to act in its behalf in furtherance of any of these
activities.
G. To operate, improve or develop real estate, to
construct, alter, raze or repair buildings or structures on real
estate; to partition, subdivide, dedicate to public use, grant
easements, or rights with respect to or otherwise deal with real
estate.
H. To employ and compensate attorneys, accountants,
brokers, agents and custodians.
I. To arbitrate, settle, compromise, contest,
foreclose, extend or abandon claims or demands in favor of or
against the Trust or its assets.
J. To borrow for Trust purposes from any lender, and to .
assume indebtedness and encumber Trust property by mortgage or to
pledge any and all stocks, bonds, securities, options, commodities,
and contracts for the future delivery thereof.
K. To allocate receipts and disbursements between
principal and income in accordance with the Principal and Income
laws of the state of situs of the Trust, to establish reserves out
of income, if it sees fit, for depreciation of property, depletion
6
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of natural resources and anticipated expenses.
L. To enter into any transaction authorized by this
Article with trustees, executors or administrators of other trusts
or estates in which any beneficiary under this Trust Agreement has
an interest, or which, by its terms, distributes to any Trust
established by this Agreement, even though the Trustee also serves
the other trust or estate in a fiduciary capacity; and, in any such
transaction, to purchase property or make loans on notes secured by
property, even though similar or identical property constitutes a
large portion of the balance of the Trust estate, and to retain any
such property or note as if it had been received in kind as an
addition to the Trust estate.
M. To, purchase and own policies of life insurance and
health and accident insurance on the life of any beneficiary of
this Trust Agreement; to continue in effect or to terminate any
life insurance policies or health and accident insurance policies
from income and principal and to exercise any and all settlement
options, rights or incidents of ownership the Trustee may have over
policies of life insurance or health and accident insurance.
Notwithstanding the provisions of the paragraph
immediately preceding, if a Settlor is acting as a Trustee
hereunder, and if any portion of the Decedent's Trust consists of
life insurance policies insuring the life of the survivor, then,
with respect to such policies, the Survivor, as Trustee, shall have
no rights or powers, nor shall he or she exercise any incidents of
ownership with respect to such policies. All rights, powers, and
incidents of ownership with respect to such policies shall be
exercised solely by a Successor or Co-Trustee, other than the
Survivor appointed pursuant to the terms of this Agreement. The
Survivor, as Trustee, may however use income and principal of the
appropriate trust estate to pay the premiums due on such policies.
7
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N. To determine the market value on any investment for
any purpose on the basis of such quotations or information as the
Trustee deems pertinent or reliable.
0. To make any distribution or division of the Trust
property, in cash or in kind, or both, and to allocate or allot
specific assets among or to the beneficiaries on the basis of
current values determined by the Trustee.
P. To establish, or continue an already established,
street name account with any brokerage firm; to establish, or
continue an already established, margin account with any brokerage
firm; to borrow monies from any brokerage firm to purchase
securities and to pledge any asset of the Trust estate as
collateral security for such borrowing, without liability on the
part of any brokerage firm to see to the application thereof. To
retain as a Trust investment any mutual fund securities without
liability or responsibility for any loss resulting to the Trust
estate as a result of such retention.
Q. If any Trustee is unable to act in its fiduciary
capacity with relation to any property, asset or interest
comprising the Trust estate because such property, asset or
interest is located in a state other than the state in which the
Trustee is permitted to do business or authorized to hold assets or
act, or is unable to act in such capacity with regard to any such
property, asset or interest, or for any other reason, the Trustee
may select and secure the appointment of an individual or corporate
fiduciary capable of so acting, and if permissible, the person or
corporation so selected may be appointed as a Co-Trustee with the
Trustee. Any such fiduciary shall be permitted to act without
giving bond. If another Trustee is appointed, it shall have, in
addition to the powers conferred by law, the same powers and
authority in the performance of its duties as have been given to
the Trustee under this Agreement and shall subject such fiduciary
to the same duties and responsibilities.
For the purpose of administration and distribution of the
Trust estate by a Trustee appointed in respect to any such
property, asset or interest not located in the state in which the
Trustee is permitted to do business, authorized to hold assets or
act, such property, asset or interest shall be treated as. if it
were held in this Agreement and all distributions of income and
principal shall be made as directed by the Trustee named in this
Agreement in accordance with its applicable provisions.
8
R. For the purposes of this Agreement, a Settlor or a
Trustee shall be considered unable to manage his or her affairs if
he or she is under a legal disability, or by reason of illness or
mental or physical disability, is unable to give prompt and
intelligent consideration to financial matters, and the deter-
mination as to the Settlor' s or Trustee ' s inability at any time
shall be made by three (3) physicians who shall be, if available,
physicians who are deemed to be the Settlor ' s or the Trustee' s
personal physicians or, if the Settlor or Trustee does not have
specified personal physicians, then by three ( 3) any other
physicians, and the Settlor and Trustee may rely upon written
notice of that determination.
S. For purposes of this Agreement, the terms "children"
and "descendants" shall include adopted children.
T. The Trustee shall maintain accurate accounts and
records and shall render, at least annually, statements to the
current income beneficiary or beneficiaries under this Agreement,
showing receipts and disbursements of income and principal.
U. The Trustee may resign at any time upon written
notice given to the Settlor, or in the event the Settlor be
deceased, then Trustee shall give written notice to the income
beneficiary or beneficiaries. For the purposes of this Agreement,
the term "income beneficiary" means a person then entitled to
receive income from the Trust estate, whether in the discretion of
the Trustee or otherwise. Upon such resignation, the proper person
or persons shall appoint a Successor Trustee as provided in Article
VII of this Trust Agreement.
V. The Trustee may delegate trading authorization to
such agents as he, she or it may designate, to invest and reinvest
the assets of the Trust fund on a discretionary basis or otherwise.
W. If at any time there are more than two (2) Trustees
serving hereunder, whether individual or corporate, a majority
shall be authorized to make decisions and exercise all powers,
duties, and discretions herein vested or imposed upon the Trustee
unless otherwise provided to the contrary. Any act done or made by
a majority of the Trustees serving shall be binding upon and not
subject to question or challenge by any person whomsoever.
9
Any Trustee, however, acting alone shall have the right
and power to act for and on behalf of the Trust estate with respect
to the execution of documents pertaining to the day-to-day
operation of the Trust estate, including but not limited to the
execution of documents, execution and filing of tax returns,
withdrawals and deposits in banks or other savings and loan
associations, endorsements of checks, purchase of securities,
executions of deeds and releases or any other miscellaneous forms,
or entrance into safe deposit boxes.
X. The number used on any article or section, or the
heading of any article or section of this agreement is for
convenient reference only and is not to be construed as affecting
the meaning expressed herein. Whenever gender is referred to in
this document, it shall be used for generic purposes only and shall
include and be interchangeable with the terms "he, " "she, " "they, "
"his, " "hers, " or "theirs. " The term "trustee" when used in this
document shall be interchangeable with the terms "trustees" and
"co-trustees, " and when approrpiate, may be interchangeable with
the terms "successor trustee" or "co-successor trustee. " If a
singular nound is used in this document, the plurality of the same
noun shall be inferred when appropriate in the context of the
language.
III . TRUSTEE'S DUTIES IN RESPECT TO LIFE INSURANCE POLICIES
During the Settlor' s lifetime, the Trustee shall be under
no obligation to pay premiums, assessments, or other charges
necessary to keep life insurance policies in force, or to ascertain
whether they have been paid. The life insurance policies may
remain in the Settlor' s custody or may be deposited with the
Trustee subject to return upon request.
The Trustee shall collect the proceeds due under the
terms of the policies of life insurance and hold them in trust for
the uses and purposes expressed in this Agreement. To facilitate
the collection of the proceeds, the Trustee shall have the power to
execute and deliver receipts and other instruments, and to
compensate or adjust disputed claims, in its uncontrolled
discretion, deemed necessary and proper for the collection. Should
payment on any policy be contested, the Trustee shall not be
obligated to take any action in respect to collection unless
indemnified to its satisfaction against loss, liability or expense,
including attorney' s fees. The Trustee is authorized in its
uncontrolled discretion, to use any funds in its possession,
whether principal or income, to pay the costs and expenses of
bringing any action for collection of the proceeds, and may
reimburse itself for any advances made. Upon payment to the
Trustee of the proceeds due under the policies of insurance, the
insurer shall be under no responsibility to see to the performance
of the Trust or Trusts created under this Agreement.
10
IV. SPENDTHRIFT PROVISION
Except as otherwise provided, no beneficial interest
shall be subject to anticipation, assignment, sale, or transfer in
any manner; nor shall any beneficiary have the power to anticipate,
encumber or charge such interest; nor shall such interest, while in
possession of the Trustee, be liable for or subject to the debts,
obligations, liabilities, torts, or contracts of any beneficiary.
V. PAYMENT OF DEBTS, ESTATE TAXES AND ADMINISTRATION COSTS.
Upon the death of the Settlor, the Trustee shall pay the
deceased' s Federal estate taxes . In addition, the Trustee is
authorized and shall use as much additional principal of the Trust
estate as may be necessary for the payment of debts, funeral
expenses , Federal estate taxes, inheritance taxes, and expenses of
administration of the Settlor' s estate. The Trustee may make such
payments directly, or may pay over the amount thereof to the
Executor, Personal Representative or Administrator of the Settlor' s
estate. The Trustee shall not require any transferee or other
person to reimburse the estate for any taxes so paid, or deduct the
same from the share of any beneficiary hereunder, even though the
transferee may have received said asset under the terms of Trust.
Any interest and penalty concerning any tax shall be paid
and charged in the same manner as the tax.
IN WITNESS WHEREOF, the parties hereto have set their
hands this 18 day of December, 1992 .
RITA A. WANICH, SETTLOR RITA A. WANICH, TRUSTEE
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
On this _lg day of off/ , 19 , before
me, the undersigned Notary Public, personally appeared RITA A.
WANICH, both individually as a Settlor and Trustee, and
acknowledged that she signed and executed this Agreement in both
capacities for the purposes therein stated.
NO Y PUBLI
My commission expires:
OFFCK sEu
RICHARD J.80UCKW
Notary Pubk-Siena of mmm
MARICOPA ODUNTV
M7 Comm.E*Ir%Jury 27,10%
11
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