HomeMy WebLinkAbout05-06-14 ."Wevodau, Margie A.
From: John Mooney <JJM@mooney4law.com>
Sent: Thursday, May 01, 2014 3:59 PM
To: Neil Hendershot; Register of Wills
Cc: WAYNE STONER; Ronnie Stoner(ron.stoner@stonerenvironmental.com);Janice Durbin
Subject: RE:Glen H. Stoner Trust: PA Inheritance Tax Prepayment .
Dear ALL, I have received this communication and am in agreement that all funds paid by the Trust and/or through Mr.
Hendershot's firm shall be on account of any tax liability on the Trust. John J. Mooney III
From: Neil Hendershot [mailto:NHendershot@ssbc-law.com] _
Sent: Thursday, May 01, 2014 3:39 PM
To: Cumberland Co Register of Wills &Clerk of Orphans' Court Division (regofwillsCaccpa.net)C o
Cc: WAYNE STONER; Ronnie Stoner(ron.stoner(astonerenvironmental.com)• John Mooney o rn c,
Subject: Glen H. Stoner Trust: PA Inheritance Tax Prepaymentrn z c7
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Register of Wills of Cumberland County, PA ; z CD c
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Attn: Marjorie A. Wevodau, First Deputy o ca
1 Courthouse Square, Suite 102 c, o a .� -1
Carlisle, PA 17013 co F o
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Re: Irrevocable Trust of Glen H. Stoner, Sr., deceased (DoD 02/05014; SSl 196-114-
4542) -- Prepayment of Trust-generated PA Inheritance Tax by Trust only
Marjorie --
You and I discussed a few times last week and earlier this week the anticipated prepayment by
the Glen H. Stoner, Sr. Irrevocable Trust on account of estimated Pennsylvania Inheritance
Tax ascribable to the Trust under its tax payment clause.
Attorney John Mooney serves as the Administrator of the Estate of Glen H. Stoner, Sr.,
deceased, which was probated under your Office's No. 21-14-0252. Under the Decedent's Last
Will, the Estate will bear its own Pennsylvania Inheritance Tax. The Trust's beneficiaries will be
taxed at a 15% rate, while the Estate's sole beneficiary (if the Last Will is upheld) would be
taxed at 4.5x/0.
I explained that the Trust will file its separate PIT Return to be signed by the Trustees, listing
Trust assets and deductions actually paid by the Trust related to the Decedent. The Trust will
not report any Estate assets or deductions claimed by it.
After checking twice with the Pennsylvania Department of Revenue, Inheritance Tax Division,
you advised me that there is no procedure to create a separate reporting number for the Trust
versus the Estate for purposes of PA Inheritance Tax processing and assessment.
Thus, the purpose of this letter is to state the source of payment soon to be made by the Trust
for its share of PA Inheritance Tax due, to clarify for the record the intended payment purpose
under the Trust Agreement (as differentiated from the Decedent's Last Will), and to inform the
Estate's Administrator and the PA Department of Revenue as to the intended allocation.
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The'Trust will deliver (either by U.S. Mail with a Certificate of Mailing, or by personal delivery to
./your Office by a Trustee), a Trust check in the amount of $90,000.00 as a prepayment against
the Trust's inheritance tax liability generated by Trust assets only (not any Estate
assets). The payment by the Trust should be allocated to it, not to the Estate in any way.
You indicated that your Office would note on the receipt to be issued for the Trust's prepayment
that it relates to the Trust only, and not to the Estate; and we ask you to do that.
By copy of this message to Attorney Mooney, the Administrator of the Estate, I am informing
him as to these matters. I request that he acknowledge and agree in a response.
A copy of this message will be printed and attached to the check in prepayment of tax by the
Trust.
Thank you for your cooperation.
-- Neil H.
Neil E. Hendershot, Esq.
Serratelli, Schiffman & Brown, P.C.
2080 Linglestown Road, Suite 201
Harrisburg, PA 17110-9670
Email: nhendershotssbc-law.com
Mobile: 717-525-1166 (with VM)
Office: 717-540-9170
Ofc Fax: 717-540-5481
Ofc Toll-free: 888-746-9025
Blog: PA Elder, Estate& Fiduciary Law Slop
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