HomeMy WebLinkAbout02-24-15 Pa. O.C. RULE 6.12 STATUS REPORT
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Name of Decedent: Lois D'Esopo
Date of Death: 08/23/2013 File No.: 21-13-1025
Pursuant to Pa.O.C. Rule 6.12, I report the following with respect to completion of the
administration of the above-captioned estate:
1. State whether administration of the estate is complete: ® Yes ❑ No
2. If the answer is No, state when the personal representative reasonably believes that the
administration will be complete:
3. If the answer to No. 1 is YES, state the following:
a. Did the personal representative file a final account with the Court? ❑ Yes N No
b. The separate Orphans' Court No. (if any) for the personal
representative's account is:
C. Did the personal representative state an account informally
to the parties in interest? to Yes ❑ No
d. Copies of receipts, releases,joinders and approvals of formal or informal accounts
may be filed with the Clerk of the Orphans' Court and may be attached to this report.
(Copy of RECEIPT, RELEASE, REFUNDING AND INDEMNIFICATION
AGREEMENT WITH SUMMARY ATT CHED)
Date: 02/24/2015 t
Sig ture of Person Filing Xis Form
pacity: ❑Personal Representative®Counsel
ohn B. Fowler, Ill , Esquire
Name of Person Filing this Form C7
Martson Law Offices
10 East High Street " rx� '3 ',
Carlisle, PA 17013
Address '':
717 243-3341 �� `' '' -�
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Telephone = I rcj
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F.\FILES\Clients\15376 D'Esopo Estate\15376.1.srep.wpd CIO
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS, ORPHAN'S COURT
COUNTY OF CUMBERLAND
In the Matter of the Estate of RECEIPT,RELEASE,
REFUNDING AND
LOIS D'ESOPO, INDEMNIFICATION
Deceased. AGREEMENT WITH
SUMMARY ATTACHED
File No. 21-13-1025
WHEREAS:
1. Lois D'Esopo (the "Decedent") died on August 23, 2013, a resident of Lower
Allen Township, Cumberland County in the Commonwealth of Pennsylvania.
2. The Decedent's Last Will and Testament dated August 20, 1998 (the "Will") was
duly admitted to probate by the Register of Wills in and for the County of Cumberland in the
Commonwealth of Pennsylvania and, pursuant to the provisions of Article FIFTH of the Will,
Letters Testamentary were issued to the Decedent's son-in-law, Anthony LaScala (the
"Executor"). A copy of the Will is attached hereto as Exhibit"A."
3. The Executor has administered the Decedent's estate from the date of his
appointment and continues to administer the same.
4. Article THIRD of the Will provides, in pertinent part, as follows:
"THIRD: In the event that my husband, MICHAEL
D'ESOPO, predeceases me or fails to survive me by thirty (30)
days, I direct that my Estate be divided in the following manner:
B. All tangible property, real as well as personal, of
every nature and wheresoever situate owned by me at the time of
my death . . . I hereby give to my children, SUSANNE
WELITCHKO, GRACE TVARYANAS, and LAURIE
LASCALA, to be divided among them by my Executors in as
nearly equal portions as may be practical having due regard to the
personal preferences of my beneficiaries."
5. The Decedent's husband, Michael D'Esopo, predeceased her, having died on
January 25, 2011.
6. The Decedent was survived by her daughters, Susanne Welitchko ("Susanne"),
Grace Tvaryanas ("Grace") and Laurie LaScala ("Laurie") (individually, "such Daughter,"
collectively, the "Decedent's Daughters").
7. The Decedent had no other children, marital, non-marital or adopted.
8. Pursuant to the provisions of Article THIRD of the Will, the Decedent's estate is
distributable, outright and in equal shares, to the Decedent's Daughters.
9. At the time of the Decedent's death, she owned all of the right,title and interest in
and to: (a) a 2005 Pontiac Montana; and (b) the real property situate at 149 Main Street,
Vandemere, Pamlico County, North Carolina 28587, including all buildings, fixtures and
improvements on said real property, together with all rights and easements appurtenant thereto
(the "North Carolina House").
10. The Decedent's Daughters have agreed that the equal share of the Decedent's
estate distributable to Susanne should be credited with (a) the 2005 Pontiac Montana; and (b) the
entire date of death value of the North Carolina House and should be adjusted for all of the costs
related to the utilities, real property insurance and real property taxes with respect to the North
Carolina House which were paid by the Executor during the administration of the Decedent's
estate.
11. At the time of the Decedent's death, she held an ownership interest in (a) a
checking account at Capital One Bank, which had a value on her date of death of$51,534.49;
and (b) a savings account at Capital One Bank, which had a value on her date of death of$21.04
(collectively,the"Convenience Accounts").
12. Each of the Convenience Accounts was held in joint name with right of
survivorship with Laurie at the time of the Decedent's death.
13. Although the Convenience Accounts passed to Laurie by operation of law upon
the Decedent's death, because no portion of the moneys held in the Convenience Accounts came
from any source other than the Decedent and for purposes of distributing the Decedent's estate in
equal shares in accordance with the provisions of Article THIRD of the Will, the Decedent's
Daughters have agreed that the moneys held in the Convenience Accounts should be transferred
by Laurie to the account held in the name of the Decedent's estate.
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14. The Decedent's Daughters confirm that, during the administration of the
Decedent's estate, all of the moneys held in the Convenience Accounts were transferred to the
account held in the name of the Decedent's estate.
15. In March of 2014 the Executor made a partial distribution in the sum of Fifty
Thousand Dollars ($50,000) to each of the Decedent's Daughters and said distribution was duty
receipted for by each of the Decedent's Daughters in a duly-executed Receipt, Release and
Refunding Agreement.
16. In accordance with the Federal Estate tax laws in effect at the time of the
Decedent's death, due to the total date of death value of the Decedent's gross taxable estate, the
Executor was not required to file a Federal Estate tax return on behalf of the Decedent's estate
nor was the Decedent's estate subject to any Federal estate tax.
17. In accordance with the tax laws of the State of North Carolina in effect at the time
of the Decedent's death, the Executor was not required to file any estate, inheritance or other
death tax return with the State of North Carolina on behalf of the Decedent's estate nor was the
Decedent's estate subject to any such estate, inheritance or other death taxes.
18. In accordance with the tax laws of the Commonwealth of Pennsylvania in effect
at the time of the Decedent's death, the Executor was required to file a Pennsylvania Inheritance
Tax return (Form Rev-1500) with the Register of Wills of Cumberland County, Pennsylvania
with a copy to the Pennsylvania Department of Revenue on behalf of the Decedent's estate and
the Decedent's estate was subject to the applicable Pennsylvania Inheritance Tax.
19. The Executor has received the Pennsylvania Notice of Inheritance Tax
Appraisement, Allowance or Disallowance of Deductions and Assessment of Tax which
confirms that the Pennsylvania Inheritance Tax proceeding with respect to the Decedent's estate
has been concluded, that the Pennsylvania Inheritance Tax return (Form Rev-1500) filed on
behalf of the Decedent's estate was timely filed and has been accepted as filed and that all
Pennsylvania inheritance tax owed by the Decedent's estate has been duly and properly paid in
full.
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20. The names and post office addresses of all persons having a current or contingent
interest in the Decedent's estate, together with the nature of their interests in the Decedent's
estate and their relationship to the Decedent are as follows:
Relationship to the Interest in the Decedent's
Name and Post Office Address Decedent Estate
Laurie LaScala Daughter Beneficiary of one-third of the
104 Sutin Place Decedent's residuary estate
Chestnut Ridge, New York 10977
Susanne Welitchko Daughter Beneficiary of one-third of the
185 AJK Blvd #160 Decedent's residuary estate
Lewisburg, Pennsylvania 17837
Grace Tvaryanas Daughter Beneficiary of one-third of the
38 Market Lane Decedent's residuary estate
Greenwich,New Jersey 08323
Anthony LaScala Son-in-law Executor
104 Sutin Place
Chestnut Ridge,New York 10977
21. The parties listed in paragraph 20 above are the only parties interested in the
Decedent's estate who are necessary parties to this Receipt, Release, Refunding and
Indemnification Agreement settling the Executor's administration of the Decedent's estate and
none of such persons is under any legal disability.
22. The Executor desires to account for his proceedings as Executor of the Decedent's
estate in the Court of Common Pleas of Cumberland County, Orphan's Court Division, in the
Commonwealth of Pennsylvania and to obtain a decree settling his acts and proceedings as
Executor during the administration of the Decedent's estate.
23. In order to avoid the delay and expense incident to a judicial accounting, each of
the Decedent's Daughters has requested and does hereby request that the Executor settle his
administration of the Decedent's Estate without court approval and forego the preparation and
filing of a formal judicial accounting of the administration of the Decedent's Estate.
24, The Executor has agreed to the request of the Decedent's Daughters to settle the
administration of the Decedent's estate without a formal judicial accounting and is prepared to
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do so on the basis of an abbreviated form of accounting, utilizing, instead of schedules of
account, a Final Estate Distribution Summary which is attached hereto as Exhibit `B"
(hereinafter referred to as the "Accounting"), without the Accounting being prepared in the form
of a judicial accounting and being filed with, audited, adjudicated and confirmed absolutely by
the court of competent jurisdiction, upon the condition that each of the Decedent's Daughters
execute and deliver to the Executor a written instrument releasing, discharging and indemnifying
him, in his capacity as Executor, as hereinafter provided.
NOW, THEREFORE, in consideration of the foregoing, each of the Decedent's
Daughters does hereby covenant and agree with the Executor, individually and in his capacity as
the Executor of the Decedent's estate, as follows:
(a) Each of the Decedent's Daughters hereby represents and certifies that, to
the best of her knowledge, the foregoing information is complete and correct.
(b) Each of the Decedent's Daughters hereby represents and certifies that she
has received and examined a copy of the Will attached hereto as Exhibit "A" and a copy of the
Accounting attached hereto as Exhibit"B."
(c) Each of the Decedent's Daughters hereby represents and warrants that she
has not assigned, transferred or encumbered her interest in the Decedent's estate, in whole or in
part, nor has such interest been assigned,transferred or encumbered in any other manner.
(d) Each of the Decedent's Daughters hereby represents and certifies that she
has had full opportunity to examine the books and records of the administration of the
Decedent's estate (including,but not limited to, the Accounting) and to obtain from the Executor
all information regarding his administration of the Decedent's estate; that she is fully acquainted
with, or has had full opportunity to become fully acquainted with, all matters constituting or
reflecting the Executor's administration of the Decedent's estate; and that she has consulted, or
has had full opportunity to consult, either or both legal counsel and/or an accountant with respect
to the Decedent's Will and the books and records of the Decedent's estate (including, but not
limited to, the Accounting).
(e) Each of the Decedent's Daughters hereby acknowledges that she has
examined the books and records of the administration of the Decedent's estate (including the
Accounting) and finds them to be proper and correct in all respects; that she ratifies, confirms
and approves the books and records of the administration of the Decedent's estate (including the
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Accounting) and all things set forth therein in connection with the Executor's administration of
the Decedent's estate; that she accepts the books and records of the administration of the
Decedent's estate (including the Accounting) as an account stated, final and conclusive as to all
transactions reflected therein of the Executor's administration of the Decedent's estate and as to
all property at any time held in the Decedent's estate, whether principal or income, for which the
Executor is, in any way accountable, with like force and effect as if the same had been duly
examined, audited and allowed by a court of competent jurisdiction.
(f) Each of the Decedent's Daughters, in all respects, hereby approves and
ratifies the Executor's administration of the Decedent's estate and each act or thing done or
omitted to be done by the Executor in connection with the administration of the Decedent's
estate and hereby represents and certifies that the Decedent's estate has in all respects been
properly administered by the Executor.
(g) Each of the Decedent's Daughters, individually and collectively, on behalf
of herself or themselves and her or their heirs, next-of-kin, executors, administrators, legal
representatives, successors and assigns(collectively, "Heirs"),hereby:
(i) Discharges and forever releases the Executor, individually and in
his capacity as Executor of the Decedent's estate, and his Heirs of and from any and all
accountability, liability or obligation with respect to the Decedent's estate and its administration
and with respect to any act or omission to act by the Executor during, or in connection with, the
Executor's administration of the Decedent's estate.
(ii) Waives any right to compel or enforce a judicial settlement of the
Accounting in any court whatsoever having jurisdiction over the Decedent's estate, it being each
of their intentions and purposes that this Agreement and the releases contained herein shall be
binding upon each of them and their Heirs and in all respects as conclusive as though the
Accounting had been rendered to and duly settled by the judgment or decree of a court of
competent jurisdiction.
(iii) Waives the issuance and service of a citation or other process in
any proceeding for the settlement of the Accounting and consents to the entry of a decree settling
the Accounting without further notice to any of them, with the understanding that if it shall
hereafter appear that any person or persons, other than any of the Decedent's Daughters, shall
have an interest in the Decedent's estate and that such person or persons is or are not bound by
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the release and discharge embodied in this Agreement, the Executor shall have the right to have
his account as Executor judicially settled.
(h) As an additional inducement to this informal and more rapid mode of
settling the Executor's administration of the Decedent's estate and in further consideration for
the distributions set forth in this Agreement, if the Executor, individually or in his capacity as
Executor of the Decedent's estate, or his Heirs shall sustain or incur any expense or liability
(including, without limitation, the assessment or payment of any taxes, together with interest and
penalties thereon) which properly would have been chargeable against or payable or recoupable
from any property at any time held in the Decedent's estate, each of the Decedent's Daughters,
on behalf of herself and her Heirs, hereby agrees, within Sixty days after receipt by such
Daughter of a written request therefor from the Executor or his Heirs, to pay to the Executor or
to his Heirs, the full amount in cash equal to such expense or liability; provided, however, that
the liability of each of the Decedent's Daughters shall not exceed the fair market value of the
property for which each of the Decedent's Daughters has hereby and heretofore receipted, such
fair market value to be determined as of the date of distribution. In addition, if such Daughter
shall fail to do so, such Daughter shall be liable for all legal fees and disbursements incurred by
the Executor or any of his Heirs in connection with enforcing the provisions of this Agreement
against such Daughter.
(i) Each of the Decedent's Daughters hereby authorizes and acknowledges
the distribution by the Executor, in his capacity as Executorof the Decedent's estate, of all of the
Decedent's right, title and interest in and to the 2005 Pontiac Montana and the North Carolina
House to Susanne.
0) Susanne hereby acknowledges receipt of the 2005 Pontiac Montana and
the North Carolina House from the Executor, in his capacity as Executor of the Decedent's
estate, in accordance with the Accounting and the provisions of this Agreement, the distribution
of which will be completed after the Effective Date.
(k) Each of the Decedent's Daughters hereby authorizes the payment of the
balance of the property remaining on hand in the Decedent's estate,after payment of the fees and
expenses set forth in the Accounting, outright, to each of the Decedent's Daughters in
accordance with the Accounting and the provisions of this Agreement.
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(1) Each of the Decedent's Daughters hereby (1) acknowledges receipt from
the Executor, in his capacity as Executor of the Decedent's estate, of the property remaining on
hand in the Decedent's estate as set forth in the Accounting, after payment of the fees and
expenses set forth in the Accounting, in full satisfaction of her interest in the Decedent's estate,
said property to be distributed in accordance with the Accounting and the provisions of this
Agreement after the Effective Date; and (2) further acknowledges that said property constitutes
all property that she is entitled to receive from the Decedent's estate and that said property was
received in full payment and satisfaction of every and all claims which she may have against the
Executor, individually and in his capacity as Executor of the Decedent's estate, the Decedent and
the Decedent's estate and of all rights in or against any property, whether principal or income, at
any time constituting the Decedent's estate.
(m) Each of the Decedent's Daughters, on behalf of herself and her Heirs,
hereby agrees to indemnify the Executor, individually and in his capacity as Executor of the
Decedent's estate, and his Heirs and to hold the Executor, individually and in his capacity as
Executor of the Decedent's estate, and his Heirs harmless to the extent of the property receipted
for in this Agreement against any and all claims, demands and causes of action arising out of or
in any way connected with the Executor's administration of the Decedent's estate, including,
without limitation, any distributions of income and principal of the Decedent's estate as
described in the Accounting and/or in this Agreement, and agrees to reimburse the Executor and
his Heirs for all expenses (including, without limitation, attorneys' fees and disbursements)
which the Executor or his Heirs incur in connection with the defense of any such claims,
demands and causes of action and/or the enforcement of the provisions of this Agreement.
(n) Each of the Decedent's Daughters hereby consents that an executed copy
of this Agreement may be filed in any court of competent jurisdiction by the Executor or by any
of his Heirs without further notice to any other party hereto.
(o) Each of the Decedent's Daughters hereby agrees that this Agreement shall
inure to the benefit of her Heirs and shall be binding upon each of the Decedent's Daughters and
her Heirs.
(p) Each of the Decedent's Daughters hereby agrees that this Agreement shall
be governed under the laws of the State of New York without reference to its conflict of law
provisions.
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(q) For all purposes of this Agreement, each of the Decedent's Daughters
agrees that this Agreement shall become effective on the date upon which the last of the
Decedent's Daughters signs this Agreement(the"Effective Date").
(r) Each of the Decedent's Daughters hereby agrees that this Agreement may
be executed in any number of counterparts, each of which shall be deemed an original, but all of
which shall constitute one and the same agreement. Scanned or facsimile copies of the
signatures of the parties to this Agreement shall be treated as original signatures.
IN WITNESS WHEREOF, each of the Decedent's Daughters has executed this Receipt,
Release, Refunding and Indemnification Agreement as of December 15, 2014.
[SIGNATURES BEGIN ON THE NEXT PAGE]
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SUSANNE WELITCHKO
STATE OF
ss.:
COUNTY OF
On the__Lyl 4 day of E ce,K arra.-- , 20L_,before me, a Notary Public in and
for said state, personally appeared SUSANNE WELITCHKO, proved to me on the basis of
satisfactory evidence to be the individual whose name is subscribed to the foregoing Receipt,
Release, Refunding and Indemnification Agreement, and acknowledged to me that she executed
the same in her capacity as aforesaid that, by her signature on the foregoing Receipt, Release,
Refunding and Indemnification Agreement, she executed the same, and that she executed the
Zhr N
same intheiSityof County of �n � ,, � and
State off V,ti L&&p w A-
Notary blic
r"Y Ca•vt. 4 K P, �j / 20 �5 (SEAL)
P�f L 0 .
10
7163566 2.docx
df6ft-TVARYANAS
STATE OF � �J )
COUNTY OF O U
On the L-kdqyof 20 L before me, a No Public in and
�'Y
for said state, personally appeared GRACE TVARYANAS, proved to me on the basis of
satisfactory evidence to be the individual whose name is subscribed to the foregoing Receipt,
Release, Refunding and Indemnification Agreement, and acknowledged to me that she executed
the same in her capacity as aforesaid that, by her signature on the foregoing Receipt, Release,
Refunding and Inde cation Agreepent, she executed the san , and t she execu d the
same in th City of "''� County of f� and
State of
Notary Public
(SEAL)
DONNA M KENNEDY
Y Notary public
State of New Jersey
�# MY COt7 Mission Expires Oct 16,2018
Il
7163566 2.do"
LA6�kIE LaSqW
STATE OF W9"'o'
COUNTY OF
On the /1 day of D&e-" 6-N- 20 before me, a Notary Public in and
for said state, personally appeared LAURIE LaSCALA, proved to me on the basis of satisfactory
evidence to be the individual whose name is subscribed to the foregoing Receipt, Release,
Refunding and Indemnification Agreement, and acknowledged to me that she executed the same
in her capacity as aforesaid that, by her signature on the foregoing Receipt, Release, Refunding
.fi
I
and Indemm ica on Agreement, she executed the same, aDcLthat she executed the same in the
City of m4e4- County of k'O Cjc,t. k and State of
Notary Public
I"
ANTONJOS S. PALLOGUDIS (SEAL)
Reg.#01 PA6014433
Notary Public, State of New York
Qualified if, Rockland County q
MY Commission Expires 1011310)1?
12
71635662.doc.
ESTATE OF LOIS D'ESOPO
ANTHONY LZCALA, Executor
STATE OF II&`' ,.M(— )
ss.:
COUNTY OF l )
On the f day of �ePe-% , 20_!,� , before me, a Notary Public in and
for said state, personally appeared ANTHONY LaSCALA, in his capacity as Executor of the
Estate of Lois D'Esopo, proved to me on the basis of satisfactory evidence to be the individual
whose name is subscribed to the foregoing Receipt, Release, Refunding and Indemnification
Agreement, and acknowledged to me that he executed the same in her capacity as aforesaid that,
by his signature on the foregoing Receipt, Release, Refunding and Indemnification Agreement,
he executed the same, and that he executed the same in the City of
1 1.4 A44- , County of (Zcz1-e4W and State of
Notary Public
/V
(SEAL)
ANTONIOS S. PALLOCUDIS
Reg.#01PA6014433
Notary Public, State of New York
Qualified in Rockland County
My Commission Expires
13
7163566_2.docx
a
Estate of Lois A.D'Es000-Final Estate Distribution Summary(As of December 16 2014)
Item Total Laude Grace Susanne Total
1.00 Estate Assets 1' z �` "M
$9,000.00
Lly tr" art t ,:,SRY� ate.
�GS '.)'L4
1.10 NC House(Appmised Value as of Sep.13,2013} $ 59,000.00 SLS ''s1'n"�` s r C' eye .......f.t 4,Rst
..1.20 Van(KBS Value as of August 29,2013) $ 7,789.00r7 � £F 4 �}`' <
S`�'t�� cib3 W. afi 3i3 r
1.30 Gash �„. Yt
1131 -Estate Savings Account Balance(as of December 16,2014) $ $93,349,70 a b'`SS.{`.z tit a.� Jbt 'i 3"f'r
1 .i
2.32 •Estate Checking Account Balance(as of December 16,2014) $ 25,233.23
t9"3
' a r Y
Total Cash(as of December 16,2014) $ 918,582.91
.Total Estate Assets(as of December 16,2014)
t �����•fr'iLt-t�13s� jt•,�k yh�4. t t f>�Lt �f�t�.:.
2.40 Estate Expense Payments
2.10 -Attorney Fee Payment-Emmet,Marvin&Martin(Estate) PAID($8,000)
2.20 -Attorney Fee Payment•Delamar&Delamer(NC) PAID($126) ak, 5 .,•�+`'6 i 'r t^'"' ;
2.30 -Attorney fee Payment•Manson taw Offices(PA) PAID($527) ," ;
2.4Q -Executor Commission Payment-Anthony to Scala $ (35,000.00} r r} ➢sn. 'E4'(`'�'�
var'�`n�
Total Estate Expense Payments $ 5000.00
Total Cash available for Distribution $ 883582.91 t .'3Hta'6 ff -`^�::rv3Y-rr ry9'i3r,.?1,..•;,.�..r.}x.�t�
Total Estate Asset(After Estate Expense Payments) S 954,371.91 S 316,790.64 $316,790.64 S 316,790.64 S 950,371.91
r
3.00 Estate Distribution Details
3.14 •NC House to Susanne(Appraised Value as of Sep.11,2013) $ - 5 - $ 59,000.00 $ 59,000.00
3.20 -Van to Susanne(KBB Value as of August 29,2013) $ $ - $ 7,789,00 S 7,789.00
3.30 -Cash(Before Adjustments&Subtractions) $316,790.64 $316,790.64 $250,001.64 $ 883,582.91
Total Estate Distribution Details(Before Adjustments&Subtractions 5 316,790.64 $316,790.64 S 316,790.64 S 950,371.91
4.00 adjustments&Subtractions to Cash
4.10 -Susanne to pay Utilities,Property Taxes,Insurance on NC House
4.11 Year 2013 $ 1,026.82 $ 1,026.82 $ (2,053,631 $
4.12 Year 2014 $ 1,235.48 $ 1,235.48 $ (2,470,96) $ -
4.13 2014 Remaining Real Estate Taxes(Dec 2014-Aug 2015) $ 169.51 S 169.51 $ (339.01) $ -
Net Adjustments&Subtractions $ 2,431.80 $ 2,431.80 $ 4,863.60) S
Cash After Adjustments&Subtractions.Final $319,222.44 S319,222A4 $245,138.04 $ 883582.91 -
-NC House to Susanne(Appraised Value as of Sep.11,2013) $ - $ $ 59,000.00 $ 59,000.00
Van to Susanne(K88 Value as of August 29,2013) $ - $ - S 7,789.00 $ 7,789.00
Total Estate Distribution Details(After Adjustments&Subtractions; $319,222.44 $319,222.44 $311,927,04 $ 950,371.91