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HomeMy WebLinkAbout03-03-05 FLACEY [3 WRIGHT RICHARD L. PLACEY ATTORNEYS AT LAW 363 I NOFffii FRONT STREET HARRISBURG, PENNSYLVANIA 17110-IS33 WlLLlAM K. WRIGHT (1943-1999) (7171 236-9577 F"AX \7\7\ 236-0843 February 4,2005 Register of Wills CUMBERLAND COUNTY COURTHOUSE One Courthouse Square Carlisle, P A 17013 RE: Estate of Louis B. Michaels Estate No. 21-05-0104 Dear Madam/Sir: We enclose herewith for filing, in duplicate, Pennsylvania Inheritance Tax Return for the captioned decedent, together with check in the amount of $15.00 to cover the cost of the filing fee and copy of United States Estate Tax Return, Form 706. Please send your receipt for the filing of the same to the undersigned in the enclosed, stamped, addressed envelope. Thank you. OD ~S~S. Very truly yours, HT~ .) LZ ::------~ . Ri~~ard ,-,.-- RLP:hsk p( h\;-1W\ fv.r P(t>blitc P 5, ~fiN'c~k. of f (1) be, k A ~-d '> (/Y\ !',I g lq 2., Pu 1il.Q. b,Jj -fuel p(bbc ~ C(Sy('\S lfX-rL I \}JW ~l'S.ODO- QL 'bu.- h k r... For 5U~ tlJ DoY., u~ fw o.dd..i-hl'WA1 pl'b 1,6 r-oo LA> r Enclosures '>J?g~ REV.1500EX (6-OOJ REV-1500 FILE NUMBER 21 05 0104 '* COMMONWEALTH OF , PENNSYLVANIA 'illl;,. DEPARTMENT OF REVENUE DEPT. 280601 . ~ HARRISBURG, PA 17128-0601 INHERITANCE TAX RETURN RESIDENT DECEDENT COUNTY CODE YEAR NUMBER I- Z UJ Cl UJ t) UJ Cl DECEDENT'S NAME (LAST, FIRST, AND MIDDLE INITIAL) MICHAELS, louis S, ;;;~~;2~E~~ (MMDD, YEARI--=_ - . -I ~;~~-~;1B;;~ (MM:06:YEAR)- (IF APPLICABLE) SURVIVING SPOUSE'S NAME (LAST, FIRST, AND MIDDLE INITIAL) Helen P _ Michaels [, SOCIAL SECURITY NUMBER 206-16-2679 -------- I THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WillS ----. - SOCIAL SECURITY NUMBER W I- ::a::~(Jl U"'''' wQ.U "DO U"'~ Q.m Q. " [!] 1. Original Return o 4. Limited Estate o 6. Decedent Died Testate (AlIach copy of Will) o 9. Litigation Proceeds Received D 2. Supplemental Return o 4a. Future Interest Compromise (date of death afler 12.12.82) D 7. Decedent Maintained a Living Trust (AtlachcopyofTru!;t) o 10. Spousal Poverty Credit (date of death between 12.31.91 and 1.1.95) o 3. Remainder Return (dale ofdealh plio; to 12-13.82) D 5. Federal Estate Tax Return Required 8. Total Number of Safe Deposit Boxes o 11. Election to tax under Sec. 9113(A) (AtlachSchO) THIS SECTION MUST BE COMPLETED, ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO: I- Z W Q Z o Q. '" W '" '" o U NAME Richard L. PlaceY,Esquire FIRM NAME (If Applicable) Placey & Wright -TELEPHONE NUMBER" (717) 236-9577 COMPLETE MAILING ADDRESS 3631 North Front Street Harrisburg, PA 17110-1533 0,00 53,021.96 0.00 0.00 65,770.00 :-'\ ~...l 1. Real Estate (Schedule A) 2. Stocks and Bonds (Schedule B) (1) (2) (3) (4) (5) 0.00 cO) (8) 0.00 0.00 480,754.45 3. Closely Held Corporation, Partnership or Sole-Proprietorship 4. Mortgages & Notes Receivable (Schedule D) z o ~ ...J ::l t: a. <l: t) UJ c::: 5. Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E) 6. Jointly Owned Property (Schedule F) o Separate Billing Requested (6) (II) (12) (13) 0.00 480,754.45 0.00 7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property (Schedule G or L) 8 Total Gross Assets (total Lines 1-7) (7) 361,962.49 (14) 480,754.45 9. Funeral Expenses & Administrative Costs (Schedule H) (9) (10) 0.00 0.00 0.00 0.00 0.00 z o ~ I-' ::l a. :2; o t) X ~ 20.0 CHECK HERE IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT > > BE SURE TO ANSWER ALL QUESTIONS ON- REVERSE SIDE AND RECHECK MATH < < 10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I) 11. Total Deductions (total Lines 9 & 10) 12. Net Value of Estate (Line 8 minus Line 11) 13. Charitable and Governmental Bequests/Sec 9113 Trusts for which an election to tax has not been made (Schedule J) 14. Net Value Subject to Tax (line 12 minus Line 13) SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES 15. Amount of Line 14 taxable at the spousal tax 480,754.45 0 rate, orlransfers under Sec. 9116 (a)(1.2) x .0 (15) 16. Amounlof Line 14 taxable at lineal rale x.o (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) Decedent's Complete Address: STREET ADDRESS ---1l64_HiIltQ~Road______~ ___ CITY Lemoyne TSTATEpA I ZIP 17043 Tax Payments and Credits: 1. Tax Due (Page 1 Line 19) 2. Credits/Payments A. Spousal Poverty Credil S. Prior Payments C. Discount (1) 0.00 Tolal Credils (At B T C I (2) 0.00 3. InleresUPenally if applicable O.lnterest E. Penally Tolai InleresUPenally ( D tEl (31 4. If Une 2 is grealer than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT. Check box on Page 1 Line 20 to requesl a refund (4) 0.00 B. Enler Ihe lolal of Line 5 t SA. This is Ihe BALANCE DUE. (SA) (5B) 0.00 0.00 0.00 5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (5) A. Enter the interest on the tax due. 0.00 Make Check Payable to: REGISTER OF WILLS, AGENT PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS .......~ 0 IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. 1. Did decedent make a transfer and: a. retain the use or income of the property transferred:.. ............... .... b. retain the fight to designate who shall use the property transferred or its income;.. c. retain a reversionary interest; or... d. receive the promise for life of either payments, benefits or care?.. .. .................... 2. If death occurred after December 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? . .. .................. Yes ....................0 ..............0 o ..0 .....0 .....0 No ~ ~ ~ ~ ~ ~ Under pananies of perjury, J declare that I have examined Ihis relurn, including accompanying schedules and statements, and 10 Ihe best of my knowledge and belief, il is true, C()((E!C[ and complete. Declatationofpreparerolherlhanlhe personalrepresentalive Is based on all informalionofwhich preparer has any knowledge. SIGNATU~~ O,F.P~R.SON. R.ES. PONSIB.LEF..O.R FI~IN~.RET. URN N...LCe-.<- f L 7z{<At2d~-, ~::~S~. Michael~;E:~ c/~ac& ~.' hI, 3631 N. yront Street, Harrisburg, PA_ 17110-1533 SIGNATURE OF PRI'I"ARER 0 . R. _ ESENT::-~ ADDRESS C--_/ /' Richard L. Placey, EsqUire, Placey & Wright, 3631 N. Front Street, Harrisburg, PA 17110-1533 DATE 02104/05 DATE 02/04/05 for dates of death on or aner July 1, 1994 and before January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 3% [72 P.S. 99116 (al (1.1) (i)]. For dates of death on or after January 1, 1995, the tax rate imposed on Ihe net value of transfers 10 Dr for the use of the surviving spouse is 0% [72 P.S. 39116 (a) (1.1) (iill. The statute does not exemot 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 twenty-one years of age or younger at dealh to or for the use of a natural parent, an adoptive parent, or a slepparenl of Ihe chiid is 0% [72P.S. 99116(a)(1.2)J. The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is 4.5%, except as noted in 72 P.S. S9116(1.2) [72 P.S, ~9116(a)(1)J. The tax rate imposed on the net value of transfers 10 or for the use of the decedent's siblings is 12% [72 P.S. 39116(a)(1.3)]. A sibling is defined, under Section 9102, as an individual who has at least one parent \n common with the decedent, whether by blood or adoption. REV~1503 EX. 16~98~ COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE B STOCKS & BONDS ESTATE OF LOUIS B. MICHAELS FILE NUMBER 21-05-0104 All property jointly-owned with right of survivorship must be disclosed on Schedule F. ITEM NUMBER 1. DESCRIPTION 2,264 shares Sara Lee common stock. Hi-$23.38; Lo-$23.15 - Valued @ $23.265 per share VALUE AT DATE OF DEATH 2. 5 shares PPL Corporation 4 1/2% preferred stock. Valued @ $70.00 per share 52,671.96 350.00 TOTAL (Also enter on line 2, Recapitulation) $ (If more space is needed, insert additional sheets of the same size) 53,021.96 REV-15G8 EX+ (6-98) ~h COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE E CASH, BANK DEPOSITS, & MISC. PERSONAL PROPERTY ESTATE OF LOUIS B. MICHAELS FILE NUMBER 21-05-0104 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 NUMBER 1. 1991 Dodge Caravan DESCRIPTION VALUE AT DATE OF DEATH 630.00 2. 1993 Dodge Spirit 1.300.00 3,840.00 28,000.00 32,000.00 3. 1999 Ford Taurus 4. 1999 Corvette Convertible (valued at price sold) 5. 2002 Corvette (valued at price sold) TOTAL (Also enter on line 5, Recapitulation) $ (If more space is needed, insert additional sheets of the same size) 65,770.00 REV-1510 EX+ (6-98) . COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE G INTER-VIVOS TRANSFERS & MISe. NON-PROBATE PROPERTY ESTATE OF LOUIS B. MICHAELS FILE NUMBER 22-05-0104 This schedule must be completed and filed if the answer to any of questions 1 through 4 on the reverse side of the REV.1500 COVER SHEET is yes. DESCRIPTION OF PROPERTY ITEM INCLUDE THE NAME OFTHE TRANSFEREE,THEIR RELATIONSHIP TO DECEDEN TAND OATE OF DEATH % OF DECO'S EXCLUSION TAXABLE NUMBER THE DATE OF TRANSFER. ATTACH A COPY OF THE DEED FOR REAL ESTATE VALUE OF ASSET INTEREST (IF APPLICABLE) VALUE 1. SchwabPlan, Individual Retirement Account 48,923.84 2. M&T Bank, Individual Retirement Account, No. 35004201914741 10,431.39 3. M&T Bank, Individual Retirement Account, No. 35004201769980 219,794.92 4. Monumental Life Insurance Company, Annuity PS206162679 01 82,812.34 TOTAL (Also enter on line 7 Recapitutation) $ 361,962.49 (If more space is needed, insert additional sheets of the same size) REV-1513 EX+(9-00) '* SCHEDULE J BENEFICIARIES COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF LOUIS B. MICHAELS FILE NUMBER 21-05-0104 RELATIONSHIP TO OECEDENT AMOUNT OR SHARE NUMBER NAME AND ADDRESS OF PERSON(SI RECEIVING PROPERTY Do Not List Trustee(s) OF ESTATE I TAXABLE DISTRIBUTIONS [include outright spousal distributions, and transfers under Sec. 9116 lal 11.211 1. Helen P. Michaels, 864 Hilltop Road, Lemoyne, PA 17043 Spouse 480,754.45 ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 18, AS APPROPRIATE, ON REV-1500 COVER SHEET II NON-TAXABLE DISTRIBUTIONS: A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS TOTAL OF PART 11- ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET $ 0.00 (If more space is needed, insertaddilional sheets oflhe same size) LAST WILL AND TEST AMENT OF LOUIS B. MICHAELS I, LOUIS B. MICHAELS, now of the Lemoyne, Cumberland County, Pennsylvania, do hereby declare this to be my Last Will and Testament and revoke all prior Wills and Codicils made by me. ITEM I. I direct that all of my just and currently due debts and funeral expenses, including the cost of my gravemarker, if any, shall be paid from my estate as soon as practical after my decease as a part of the administrative expenses of my estate. ITEM II. I give and devise all of my estate of every nature and wherever situate to my wife, HELEN P. MICHAELS, provided she survives me by thirty (30) days. ITEM III. Should my wife, HELEN P. MICHAELS, predecease me or die on or before the thirtieth (30th) day following my death, I bequeath my household goods, personal effects, guns any other tangible personalty of like nature to the residuary beneficiaries herein named, in equal shares, to be divided among them as they agree; or, if they cannot agree, as my personal representative determines. All such items not so divided shall be sold by my personal representative and added to my residuary estate for distribution. ITEM IV. I give and devise all of the rest, residue and remainder of my estate of every nature and wherever situate, as follows: ~"" .14, /?--7/L;L<,v~ Louis B. Michaels A. One-half (Y,) thereof to my sister, BEATRICE EV ANS, or her issue, per stirpes. Should she die without issue, I give the same to my niece, KELLY FUZZENAGGER, and my nephew, JOHN MICHAELS, or their respective issue, per stirpes. B. One-half (\I,) thereof in equal shares, share and share alike, to my wife's sisters, GRACE MENGES and BETTY KLECKNER, and her brother, EDWARD PLOTTS, JR., or their respective issue, per stirpes. Should any such beneficiary die without issue, the share of such deceased beneficiary shall be divided among the survivors herein mentioned or their issue, per stirpes. ITEM V. If any income or principal shall be payable to any person who shall be under the age of twenty-five (25) or who shall be incapacitated for any reason, my personal representative, as trustee, shall hold such income and principal and shall apply such income and principal to the health, maintenance, support and education of such person until age twenty-five (25) or during incapacity, without the appointment of any guardian or committee or any authority of court, and shall be entitled to make direct application hereunder or to make application by payment thereof to the parent or other person in charge of such person, or to his or her guardian or to a custodian under the Uniform Transfers to Minors Act, or to the person. Any remaining income and principal to which such person shall be entitled shall be paid and distributed to such person upon attaining age twenty-five (25) or termination of incapacity. ITEM VI. I appoint my wife, HELEN P. MICHAELS, Executrix, of this my Last Will and Testament. Should she fail to qualify or cease to act in such capacity, I then appoint JAMES K. ROBERTS, JR., Camp Hill, Pennsylvania, Contingent Executor of this my ~~ )f /7t,1-?~# Louis B. Michaels 2 Last Will and Testament. No bond shall be required of my personal representative in any jurisdiction. ITEM VII. In addition to the powers given by law to my personal representa- ti ve( s) and trustee( s) [hereinafter fiduciaries] in the administration of my estate and of any trust(s) created herein, they shall have the following discretionary powers applicable to all real and personal property held by them, including property held for minors, effective without court order until actual distribution. A. To retain any property owned by me at my death and to invest any funds held by them in any stocks, bonds, notes or other securities or property, real or personal, including common trust funds, mutual funds and money market deposit accounts operated or offered by my corporate trustee, if any, or any affiliate of it. B. To sell or otherwise dispose of any property, real or personal, at any time forming a part of my estate or the trust estate, for cash or upon credit, in such manner and on such terms as they see fit, and no one dealing with the fiduciaries shall be bound to see to the application of any monies paid. C. To manage, operate, repair, improve, mortgage or lease for any term [even if beyond the duration of the trust(s)] any real estate at any time held or owned by them as fiduciaries. D. To hold investments in the name ofa nominee and exercise and dispose of warrants. ,4~ f.?7P!1/,~~;;' Louis B. Michaels 3 E. To engage in litigation and compromise, arbitrate or abandon claims and property. F. To conduct any business in which I am engaged or in which I have an interest at the time of my death for such period as the fiduciaries deem advisable, with the power to borrow money and to pledge the assets of the business and to do all other acts which I, in my lifetime, could have done, or to delegate such powers to a partner, manager or employee without liability for any loss occurring therein. G. To allocate items of receipt or disbursement between principal and income as the fiduciaries deem equitable regardless of the character given such items by law; to distribute in cash or kind or partly in each at valuations fixed by the fiduciaries. H. To borrow money, including the right to borrow from any corporate trustee, if any, and to mortgage or pledge as security or to hold its own stock if a corporate trustee. 1. To join in any merger, reorganization, voting trust plan or other concerted action of security holders, and to delegate discretionary duties with respect thereto. J. Should the principal of any trust herein provided for be or become too small in trustee's opinion so as to make establishment or continuance of the trust inadvisable, my trustee(s) may make immediate distribution ofthe then remaining principal and any accumulated or undistributed income outright to the person or persons and in the proportion they are then entitled to income. Upon such termination, the rights of all beneficiary(ies) who might otherwise have an interest as succeeding income beneficiary(ies) or in remainder shall cease. ,/A-M",", ,If,< ~ ;A!'L~ Louis B. Michaels 4 K. In general, to exercise all powers in the management of the assets of my estate or the trust estate which any individual could exercise in the management of similar property owned in his own right, upon such terms and conditions as the fiduciaries may deem best, and to execute and deliver all instruments and to do all acts which the fiduciaries may deem necessary or proper to carry out the purposes of this will or any trust( s) created herein. 1. To apply income or principal to which any beneficiary is entitled, directly for his or her comfort, maintenance and support, should the fiduciaries deem such beneficiary incapable of receiving the same by reason of age, illness, infirmity or incapacity, or to pay the same to such person or persons as the fiduciaries select to disburse it, whose receipt shall be a complete acquittance therefore without the intervention of any guardian. M. To assume continuance of the status of any beneficiary with reference to death, marriage, divorce, illness, incapacity or other change in the absence of information deemed reliable without liability for disbursements made on such assumptions. N. All principal and income shall, until actual distribution to any beneficiary, be free of the debts, contracts, alienations and anticipations of any beneficiary, and the same may not be liable for any levy, attachment, execution or sequestration while in the hands of any bene- ficiary, and the same may not be liable for any levy, attachment, execution or sequestration while in the hands of any fiduciaries. , 'l- /1(;:' VI IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~ day of CTA (\ ) u (Q /K \/, 2000. / il(L"'~ .P?/#1)""L_C'--4z Louis B. Michaels 5 The preceding instrument, consisting of this and five other typewritten pages, identified by the signature of the testator, as on the day and date thereof signed, published and declared by Louis B. Michaels, the testator therein named, as and for his last Will, in the presence of us, who, at his ~..~~:;..t, inh7;isp..re../ se3ce afg) )4e presence of each other, subscribed our names as witnesses / '- t/ ~# _ COrrr MtL . F// 7 (0 ?e:-c:~ ~ Cf' cJ /V3.s/lJ bf;9~-t1-f"1 (:"dr),1c/11 \..~ r-- / ..~) cy. ~- /0 >1<'] 6 /J j) '-~ ' ?/ [.<~_ZA'(J./. I ,auc.J7 / I /?' ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA: : SS. COUNTY OF DAUPHIN I, LOUIS B. MICHAELS, testator 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, that I signed it willingly, and that I signed it as my free and voluntary act for the purposes therein expressed. -;:{/ ~ /~~~ ~ Louis B. Michaels My Commission Ex . J . NOTARIAL SEAL HOLLY S. KIRK. Nolary PubliC Harnsburg, Dauphin County My Commission Expires Feb 15, 2003 ---".,~"--~'-~ .. ~~,'~- -p' AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA: : SS. COUNTY OF DAUPHIN We, chcud L PaCL G/lei I- QhdrG... L (JI!'MWifc , the witnesses whose names are signed to the attac; ed or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw testator sign and execute the instrument as his last Will; that he signed willingly and that he executed it as his free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the testator signed the Will as witnesses; and that to the best of our knowle, e th;)e~tat6~Jt that tllne 18 or more years of age, of sound mmd and un~~,~pconstr 1l1r/.ihd.ue.;~:;~nce. (1 ~~(c:::'~--<--. ~?ldL4 / ~ &Leu~1 Sworn to and subscribed before me this I ~-frJ day of 9 0 nu O}'J ,2000. !-fwJ -X) ked Notary Pubhc NOTARIAL SEAL HOLLY S. KIRK, Nolary Public My Commission Exp res: Harrisburg, Dauphin County My Commission Expires Feb. 15,2003 --"~'~-"-""-'--...,,-". .~_._--