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HomeMy WebLinkAbout07-24-14 � 15�5611185 REV-1500 EX(02-11)(FI) PA Department of Revenue OFFICIAL USE ONLY Bureau of Individual Taxes County Code Year File Number Po sox zsosoi INHERITANCE TAX RETURN 21 11 �724 Harrisburg, PA 17128-0601 RESIDENT DECEDENT ENTER DECEDENT INFORMATION BELOW Social Security Number Date of Death MMDDYYYY Date of Birth MMDDYYYY 06152011 10091,969 DecedenYs Last Name Suffix DecedenYs First Name M I LIDDICK ROBERT ARTHUR (if Applicable) Enter Surviving Spouse's Information Below Spouse's Last Name Suffix Spouse's First Name M I Spouse's Social Security Number THIS RETURN MUST BE FILED IN DUPLICATE WITH THE - - REGISTER OF WILLS FILL IN APPROPRIATE BOXES BELOW � 1. Original Return � 2. Supplemental Return � 3. Remainder Return(Date of Death Prior to 12-13-82) ❑ 4. Limited Estate ❑ 4a. Future Interest Compromise(date of ❑ 5. Federal Estate Tax Return Required death after 12-12-82) � 6. Decedent Died Testate � 7. Decedent Maintained a Living Trust � 8. Total Number of Safe Deposit Boxes (Attach Copy of Will) (Attach Copy of Trust.) ❑ 9. Litigation Proceeds Received ❑ 10. Spousal Poverty Credit(Date of Death ❑ 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 TO: Name Daytime Telephone Number RICHARD C • SNELBAKER 717-697-8528 REGISTER�I�fq.LS USE Otll:Y , �� �' t_... ,<.'7 C ; � �.1�r'.. t.�. � �.c:'"� �T3.�- �,. �� . First Line of Address �� �__ � - _ �,^; C�:';. 44 WEST MAIN STREET ac� c'1 C.1 �°"' �= Second Line of Address �C -�- ��' .: �:7 �: ,�� P •0 • BOX 318 D -' � � yp Ciryor Post Office State ZIP Code DATE FILED � MECHANICSBURG PA 17055 CorrespondenYs e-mail address: Under penalties of perjury, I declare that I have examined this retum,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 TURE PER ON RESPO SIBLE ROR F ING RET RN � AT � AD RE S KATHY A IRVIN , EXECUTRIX 217 BELLE VISTA DRIVE, MARYS ILLE SIGNATUR F THER THAN REPRESENTATIVE DATE 5 3 ADORESS RICHARD C • SNELBAKER, ESQ • 44 WEST MAIN STREET, MECHANICSBURG PLEASE USE ORIGINAL FORM ONLY PA 17055 Side 1 � 15 0 5 61118 5 oMasa�s.000 15 0 5 61118 5 J � � 15�5611285 REV-1500 EX(FI) DecedenYs Social Security Number Decedent'SNarr�e: LIDDICK ROBERT ARTHUR RECAPITULATION 1. Reai Estate(Schedule A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . � 0 • �� 2. Stocks and Bonds(Schedule B) . . . . . . . . . . . . . . . . . . . . . . . . . 2 � • �� 3. Closely Held Corporation, Partnership or Sole-Proprietorship(Schedule C), , , , , 3 � • �� 4. Mortgages and Notes Receivable(Schedule D) . . . . . . . . . . . . . . . . . 4 � . �O 5. Cash, Bank Deposits and Miscellaneous Personal Property(Schedule E) , , , , , 5. � • �� 6. Jointly Owned Property(Schedule F) � Separate Billing Requested , , , , 6 � • 0� 7. Inter-Vivos Transfers&Miscellaneous Non-Probate Property (Schedule G} � Separate Billing Requested . . . . 7. � • Q� 8. Total Gross Assets(total Lines 1 through 7) , , , , , , , , , , , , , , , , , , 8. 0 • 0� 9. Funeral Expenses and Administrative Costs(Schedule H). . . . . . . . . . . . . g. ],9 4,4 2 6 • 5 4 10. Debts of Decedent, Mortgage Liabilities,and Liens(Schedule I) , , , , . , , , , �0. � • �0 11. Total Deductions(total Lines 9 and 10), , , , , , , , , , , , , , , , , , , , , 1� ],9 4 ,4 2 6 • 5 4 12. Net Value of Estate(Line 8 minus Line 11) . . . . . . . . . . . . . . . . . . . �2 (],9 4,4 2 6 • 5 4 ) 13. Charitable and Governmental Bequests/Sec 9113 Trusts for which an election to tax has not been made(Schedule J), , , , , , , , , , , , , , , , �3. 0 • �� 14. Net Value Subject to Tax(Line 12 minus Line 13) . . . . . . . . . . . . . . . �q (],9 4,4 2 6 • 5 4) TAX CALCULATION -SEE INSTRUCTIONS FOR APPLICABLE RATES 15. Amount of Line 14 taxable at the spousal tax rate,or transfers un�er Sec.9116 (a)(1.2)X.0- 0 • 0� 15. � • �� 16. Amount of Line 14 t xable at lineal rate x.0 4� 0 . 0 0 1 s. 0 - 0 D 17. Amount of Line 14 taxable at sibling rate X.12 � • �� 17. � •�0 18. Amount of Line 14 taxable at collateral rate X.15 � , �� 18. � - �� 19. TAX DUE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19. O • O O 20. FILL IN THE BOX IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT X❑ $IC�@ 2 � 15�5611285 1505611285 J OM4648 3.000 __._ _ , -__ _ REV-1500 EX(FI) Page 3 File Number Decedent's Complete Address: 21 11 0 7 2 4 DECEDENT'S NAME LIDDICK ROBERT ARTHUR STREET ADDRESS CUMBERLAND COUNTY CITY STATE ZIP CAMP HILL PA 17011- Tax Payments and Credits: 1. Tax Due(Page 2,Line 19) (1) 0• 0� 2. Credits/Payments A. Prior Payments 8�3],7 -D 7 B. Discount � •�0 Total Credits(A+g) �z� 8,317• �7 3. Interest (3) �• �� 4. If Line 2 is greater than Line 1 +Line 3,enter the difference.This is the OVERPAYMENT. Fill in box on Page 2,Line 20 to request a refund. (4) 8 i 317• �7 5. If Line 1 + Line 3 is greater than Line 2,enter the difference.This is the TAX DUE. (5) � • �0 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 shail use the property transferred or its income . . . . . . . . . : a � 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? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : O � 3. Did decedent own an"in trust for"or payabie-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 stili 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)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 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 decedenYs 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. OM4671 2.000 _ __ _ _ _ _ REV-1511 EX+�,ao9> SCHEDULE H pennsylvania DEPARTMENTOF REVENUE FUNERAL EXPENSES AND INHERITANCETAXRETURN ADMINISTRATIVE COSTS RESIDENT DECEDENT ESTATE OF FILE NUMBER Robert Arthur Liddick 21 11 0724 DecedenYs debts m ust be reported on Schedule I. ITEM NUMBER DESCRIPTION AMOUNT A. FUNERAL EXPENSES: 1. B. ADMINISTRATIVE COSTS: 1. Personal Representative Commissions: Name(s)of Personal Representative(s) Street Address City State PA ZIP Year(s)Commission Paid: 2. Attorney Fees: 3. Family Exemption:(If decedenYs address is not the same as GaimanYs,attach e�lanation.) Claimant Street Address City State ZIP Relationship of Claimant to Decedent 4. Probate Fees: 5. AccountantFees: 6. Tax Return Preparer Fees: 7. 1 Estate of Paul Johnson and Melissa Bobincheck and Robert Bobincheck, guardians for Estate of Dylan X. Johnson. Wrongful death claim against the estate 89,178.73 Total from continuation schedules . . . . . . . . . 105,247.61 TOTAL(Also enter on Line 9,Recapitulation) $ 194 42 6.54 swasac z.000 If more space is needed,use additional sheets of paper of the same size. Estate of: Robert Arthur Liddick 21 11 0724 Schedule H Part 7 (Page 2) 2 Betsy J. Suggs guardian £or Estate of Brandon V. Liddick. Wrongful death claim against the estate 92,818. 68 3 Expenses relating to litigation and other expenses paid/or to be paid after the filing of the original Inheritance Tax Return. 12,429.13 *** See attached Estate Settlement Agreement *** Total (Carry forward to main schedule) 105,247.81 ESTATE SETTL�IVI�N'T AGREEMENT THIS ESTATE SETTLEMENT ("Agreement"} is inade and entered into by and between ROBERT ROYER, as Administrator of the�state of WENDY ROYE.R;BETSY SUGGS, as Legal Guardian of BRANDON LIDDICK, a minor; ME;LISS� I30BINCHECK, as Adnunistrator,of the I;state of PAUL.TOHNSON; iVI�LISSA BOBINCHECK, as Parent and Nah�ral Guardi�u� of DYT_,t'�N X. JOHNSON, a minar; MELISSA}30BINCI�ECK arid P,OBERT B0131NCI�ECK, as Co-Guarciians of the Estate of DYLAN X, .IOHNSON, a mino;•, a.nd I�7'HY IRVZN�s Execut�•ix of the Estate af ItOBERT LIDDICK, (tlle inclividua.ls named above in each of their respeetive capacities are referred to herein individually as"Party"and collectively as"Parties"), �5 f01I0W5: BE1t;TCGROUND �oi�elt 2oyer is th� A�m�r�istratUr of t�lL Estat� af�,�Jendy�Rcyer. j�J�ndy Royer,na��v deceased, was the mother of Brandan Liddick, a minor. Betsy Suggs is the Legal Guardian of .Bra.c�dbn Licldiek. Melissa Bobinchecic is the Adrniiustratrix of the Estate af Paul Johnson. Paul Johnsan, now deceased, was the father of Dylan X. Johnson, a minor. Melissa Bobincheck is the sole surviving parent and natural guardian of Dylarl Johnson. Melissa Babincheck and Robert I3obincheck arc the Co-Guardians of the Estate of Dylan X. Johrison, by order oC the Orphans' Court of Cumberland County dated December 22, 2U11. Kathy Irvin is the l�dministratrix of the Estate of Robert Liddicl:, Robert Liddick, now deccased, �vas the father of l3randon Liddick. On June 1�, 2011, Robert Liddick entered the hoine of Paul Jol�nson. NIr. Liddick observed lus ex-girlfi•ieiid, Wendy Royer, in the kitcherz ��ith Mr. (L0460257.1} Johnson. Mr. Liddick shot both Ms. Royer and Mr. Johnsan multiple times with a rifle, causing them both to die, The Parties, other than Kathy Irvin, have asserted wrongful cleath and survival claims against Kathy Irvin, as executrix of the estate of Robert Liddick. The parties reached a settlement of the death claims and entered into a tolling agreement in connection with the settlement, in order to allow for completion of the administration of the Robert Liddick estafe. Administration of the Robert Liddick estate has now been substantially completed and counsel for the Robert Liddick Estate has presented the parties with a draft accounting for the estate ("Draft Accounting"), a copy of which is attached hereto as Exhibit "A". The parties have approved the form of the Draft Accounting and wish to proceed to final settlement of the Robert Liddick estate under the terms and conditions of this Agreement NOW THEREFORE, IN CONSIDERATION OF THE MU 1 UAL CO VENANTS CONTAINED HEREIN, and other good and valuable consideration,the sufficiency of which is hereby acknowledged, and intending to be legally bound hereby,the PARTIES HEREBY AGREE AS FOLLOWS: l, Back�round. The Background set forth above hereby is incorporated within and made a pa:�t of this Agreement. 2. Settlement of Death Claims. The Parties previously agreed that the net probate estate of Robert Liddick would ultimately be divided 49% to the Paul Johnson estate and Dylan X. Johnson, as the sole wrongful death beneficiary of Paui Johnson, and 51% to the Wendy Royer estate and Brandon Liddick, as the sole wrongful death beneficiary of Wendy Royer and residuary beneficiary under the wi11 of Robert Liddick. {L0460257,1} Z 3. Court A_pproval of Settlement Terms, The Parties acknowledge that the settiement of the death claims will require the approval of the Orphans' Court of Cumberland County, Pennsylvania. Counsel for the personal representatives of the Paul Johnson Estate and the Wendy Royer estate shall be primarily responsible for preparation of the necessary petition(s) for approval of the settlement, All parties and their counsel wi11 reasonably cooperate as necessary to obtain court approval of the settlement. 4. Settlement of Robert Liddick Estate. As reflected in the Draft Accounting, the Department of Veterans' Affairs ("VA") has made a claim against the Robert Liddick Estate, which the Estate is contesting, in the amount of$8,120.00,allegedly for overpaid benefits paid to Robert Li�dick be�re ;�is ueath. Couns�! f�r the Robert Liddick es±ate has repeatedly sought documentation from the VA, which has not been forthcoming. Tn order to adjudicate the claim and relieve the Executrix of the Robert Liddick Estate from potential liability on account of the VA claim, Counsel for the Robert Liddick estate will file a formal court accounting in substantially the form of the Draft Accounting, and a petition for approval of the accounting con�rming that the Executrix does not intend to pay the undocumented VA claim. The petition for adjudication and formal accounting shall be filed with the Cumberland County Clerk of the Orphans' Court on or before May 16, 2�14, the deadline for the next available audit c�f fiduciary accounts occurr?ng on June 17,2014 in Cumberland County. The parties agree that none of them will object to a formal accounring in substantially the form of the Draft Accounting, confirming that the Executrix does not intend to pay the undocumented VA ciaim. In addition, the Executrix of the Robert Liddielc Estate will file a supplementat inheritance tax return seeking a refiznd of inheritance tax based on the fact that all, or at least 49%, of the net estate will now be paid to the death claim claimants, which should generate a deduction to the Estate and result in a refund of (1.0460257.1} 3 inheritance tax to the estate. In the event objections to the formal court accounting are filed on behalf of the VA, the Executrix may settle those objections by paying the VA claim in full or in part, as the Executrix shall in the exercise of her reasonable discretion decide. 5. Timin�,of Distributions from the Robert Liddick Estate. In the event that approval of the death claims is obtained from the Cumberland County Orphans' Court before confirmation of the final account for the Robert Liddick Estate,the parties agree that the amounts set forth in the proposed schedule of distribution as available for distribution, less the sum of $8,120 on account of the VA claim,will be paid to the parties described in the proposed schedule of distribution, in the proportions described in the proposed schedule of distribution(51%/49%), as an advance distribution from the estate. In the event of such an advance distribution, the parties receiving the advance distribution agree that they will refund to the estate any amounts in excess of that to which they are ultimately found entitled by the Cumberland County Orphans' Court. In the event that the account and proposed schedule of disfiribution is confirmed by the Orphans' Court prior to obtaining court approval of the death claim settlements,the amounts set forth in the proposed schedule of distribution shall be distributed upon court approval of the death claim settlement. Any unspent reserve set forth in the account will be added to the amounts distributed pursuant,to the proposed and approved schedule of distribution. Any inheritance tax refund obtained from the D�partment of Revenue sha11 be added to the amount available for distribution pursuant to the proposed schedule of distribution and shall be promptly paid to the parties described in the proposed schedule of distribution, in the proportions described in the proposed schedule of distribution (51%/49%) after payment of reasonable fees (not to be in excess of $500) and costs to the Robert Liddick Estate, if any, incurred in recovering the refund. {L046025'1.1} 4 6. Genaral Release of Claims. The Parties(excluding, however, for purposes of this Parab aph Kathy Irvin) agree that upon approval of the death claims by the Cumberland County Orphans' Court or confirmation of the final account for the Robert Liddick Estate, whichever shall first occur, and upon payment by the Executrix of the 51%/49% distributions,the Parties for himself and herself,individually and as Administrator,legal guardian, co-guardian,parent and on behalf of any minor named in this Agreement,his,her, and their heirs, representatives, successors and assi�ns, and any other person, firm, insurer or entity that can or may claim by or tnroagh the Parties or such minors or any of them, reiease,remise and forever dischaxge completely and absolutely Kathy Irvin,individually and as Executrix of the Estate of Robert Liddick, her heirs,representatives, successors, insurers and/or assigns, of and from any and all actions,causes of action, suits,claims, damages,demands, losses, contracts and obligations of � any kind,name or nature whatever, whether known or unknown,whether in law or in equity, liGiii ili0�Zyliuiiil�Of iiii12 iG ihe�ate cf thes�prese2ltS,�uC�i:�.::���3U±::(,`t �'.?l2'.�Pd to, any and all claims and assertions made,raised or that could be made or raised as a result of the deaths of Wendy Royer and Paul Johnson,but expressly and only excepting,however,the obligation of the Execufrix to make payment in distribution of the VA claim(unless paid'in full due to objections filed or as reduced, as the case may be, as noted in this Agr.eement) and any refund of any inheritance tax, less reasonable fees and costs in obtaining such refund. 7. Modifications. This Agreement may be modified only by written agreement, signed by the parties. 8. Governinn�LLaw. This Agreement shall be governed and construed according to the laws of the Commonwealth of Pennsylvania. (L0460257.1} 5 - _ _ _ 9. Assi�nment and Successors. This Agreement shall in all respects bind and inure to the benefit of the parties and the respective successors and personal representatives of each Party. 10. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed to be an original and all of which shall constitute a single instrument. 11. Representation of Authority. By signing below, each signatory represents and agrees that he or she is duly authorized to execute this Agreement on behalf of the party for which he or she signs, and agrees, on behalf of fhat Party, to be bound by the terms hereo£ All parties have reviewed the Agreement, had the opportunity to consult with their counsel and understand the terms hereof and the consequences of execution hereof. 12. Construin� A�reement. This Agreement shall not be�construed against any Party hereto, as all parties have had input in its drafting. The descriptive headings herein are inserted for convenience oi reference oniy ar�d aLe r,ot intendeu to be�a��t :.f ar to �fiect the meanina or interpretation of this Agreement. IN WITNESS WHEREOF, the Parties have executed and delivered this Tolling Agreement. Q� � 17ate� � ��� �� � ROBERT ROYER Administrator of the Estate of W'endy Royer __.� a�---, f ; _ �, �` _ �:� Date� �' � 1 � BETTY S GGS Legal Guardian of Brandon Liddick, a Minor {L046Q257.1} 6 t i���l I 'f-� �� `� '� 1� 1�1 < <�l•;�� `� � 1,�._ Date� ' ' KATHY IRVIL�I ' Executrix of tl�`e Estate of Robert Liddick � , � ` , Date�-J MELISSA BINCHECK Administrator of the Estate of Paul Johnson and as parent; natural guardian and co-guardian of the Minor's Estate of Dylan X. Johnson ,r� } ` �y i / f ` ( ( ���,�--�� _ - �� Z� Date� ROBERT BOBINCHECK Co-guardian of the Minor's Estate of Dylan X. Johnson {L0460257.I} �