HomeMy WebLinkAbout05-18-06
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PE~~SYL VANIA
ESTATE OF ANN MARIE JONES
) NO. 2005-00980
) REGISTER OF WILLS
Family Agreement--Waiving Filing of Account
This Agreement entered into this ~ day of 4p {2,\<< L , 2006, by and <
between Kimberly A. Smith in her capacity as Executrix under the will dated August 3, 2005... (as
well as the Pennsylvania Intestacy Statues) of Ann M. Jones, Deceased, and Jeffrey Jones, Robert
Jones, and Kimberly Smith, residuary legatees of the estate. For purposes of this agreement,t~
when they are referred to in their fiduciary capacity, the term 'Executrix' will be used and, when
they are referred to in their individual capacities, they will be referred to by their first names.
BACKGROUND
1. Ann M. Jones ("Decedent") died on October 16,2005, a resident of Camp Hill,
Pennsylvania, leaving a will dated August 3,2005.
2. Decedent's will was admitted to probate by the Register of Wills of Cumberland
County on November 4,2005, and letters testamentary were issued to Kimberly A. Smith, as
Executrix.
3. In her will, Decedent named residuary legatees. Under the will, Jeffrey Jones, Robert
Jones and Kimberly Smith are each entitled to receive 1/3 shares of her estate.
4. The executrix advertised the grant of letters Testamentary, prepared and filed an
Inventory and Appraisement of Decedent's property and prepared and filed a Pennsylvania
Inheritance Tax Return and federal and state income tax returns and paid the appropriate taxes
thereon.
5. The executrix has paid all the general legatees and all the taxes, debts and expenses of
the estate known to her, and has no knowledge of any unpaid claims, absolute or contingent,
which may be asserted against the estate nor do they have any reason to believe there are any
such claims.
6. The executrix has distributed the net assets of the estate to Jeffrey Jones, Robet Jones
and Kimberly Smith the residuary legatees by will.
7. A statement reflecting all estate receipts, disbursements and distributions are annexed
here to as Exhibit A.
8. Both the executrix and legatees desire that this Family Agreement make unnecessary
the filing an accounting in the Orphans' Court Division of the Court of Common Pleas of
Cumberland County.
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, .
.
NOW THEREFORE, intending to be legally bound, the parties do hereby:
1. Waive the filing of an account of the administration of the estate in any court;
2. Declare that the undersigned has examined the attached informal account (and
statement/schedule of distribution) of the executrix; finds it to be true and correct in all
particulars; accept and approve it with the same force and effect as if it had been prepared and
filed with, audited, adjudicated and confirmed absolutely by a court of competent jurisdiction;
and as if the balance of principal and income had been awarded by the Court in accordance with
the statement/schedule of distribution;
3. Warrant that the beneficiaries named in the informal account and statement/schedule of
distribution are the sole remaining parties in interest in the estate and entitled to receive the entire
distribution thereof in accordance with the informal account and Statement/Schedule of
Distribution;
4. Warrant that the undersigned know of no outstanding and unsatisfied claims against the
estate;
5. Approve the distribution of the balance of principal and income shown in the informal
account and statement/schedule of distribution to the persons set forth therein;
6. Absolutely and irrevocably release and discharge the executrix, and her heirs, personal
representatives, successors and assigns of and from any and all actions, liabilities, claims and
demands relating in any way to their administration of the estate and distribution in accordance
with the informal account and statement/schedule of distribution and without a court accounting
and adjudication;
7. Agree to refund to the executrix any amount of the undersigned's distribution which
exceeds the amount to which the undersigned are entitled as the executor shall determine;
8. Agree to indemnify and hold harmless, the executrix, and her heirs, personal
representatives, successors and assigns, from and against any claims, liabilities, loss or expense
(including costs and counsel fees) arising from any cause whatsoever, which the executor may
incur as a result of the administration of the estate and its distribution in accordance with this
agreement including, but not limited to, any liability for any federal estate taxes, Pennsylvania
Inheritance tax or any other death taxes, and any federal or Pennsylvania income taxes, and
Pennsylvania personal property taxes, together with any interest and costs incidental thereto,
relating in any way to the estate and also including, but not limited to, any assets received or
payments or distributions made by reason of any negligence or mistake of law or fact.
.'
Dated: rtp\~ \ L ~ 5 ) .).bO lL..-,
Witness: ';
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Witness: QJQ~j'{,- SJ c ~r~
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Witness. I ~ l
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)effrey Jones e lciary)
35 Red Barberry Drive, Etters, P A 17319
Q~U ____
Robert JOneS~i~ry)
31 Lancaster Avenue
Enola, P A 17025
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KIm er y A. SmIt (BenejlCiary)
39 Heidi Terrace
Camp Hill, P A 17011
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Informal Account
See Income Tax Return Attached
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15056051058
~
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REV-1500 EX (06-05)
PA Department of Revenue '*
Bureau of Individual Taxes
PO BOX 280601
Harrisburg, PA 17128-0601
ENTER DECEDENT INFORMATION BELOW
Social Security Number Date of Death
INHERITANCE TAX RETURN
RESIDENT DECEDENT
OFFICIAL USE ONLY
County Code Year
File Number
Date of Birth
208-30-4432
10/16/2005
07/16/1939
Decedent's last Name
Suffix
Decedent's First Name
MI
Jones
Ann
M
(If Applicable) Enter Surviving Spouse's Infonnation Below
Spouse's last Name Suffix
Spouse's First Name
MI
Spouse's Social Security Number
THIS RETURN MUST BE FILED IN DUPLICATE WITH THE
REGISTER OF WILLS
FILL IN APPROPRIATE OVALS BELOW
Ca) 1. Original Retum
4. limited Estate
~,~.~.J
3. Remainder Retum (date of death
prior to 12-13-82)
5. Federal Estate Tax Return Required
2. Supplemental Retum
c::) 4a. Future Interest Compromise (date of
death after 12-12-82)
C'-, 7. Decedent Maintained a living Trust
(Attach Copy of Trust)
C:::J 10. Spousal Poverty Credit (date of death c::::; 11. Election to tax under Sec. 9113(A)
between 12-31-91 and 1-1-95) (Attach Sch. 0)
CORRESPONDENT - THIS SECTION MUST BE COMPLETED. AlL CORRESPONDENCE AND CONFIDENTIAl TAX INFORMATION SHOULD BE DIRECTED TO:
Name Daytime Telephone Number
6. Decedent Died Testate
(Attach Copy of Will)
9. litigation Proceeds Received
8. Total Number of Safe Deposit Boxes
Kimberley Smith
Firm Name (If Applicable)
(717) 732-7884
REGISTER OF WILLS USE ONLY
First line of address
City or Post Office
State
ZIP Code
39 Heidi Terrace
Second line of address
Camp Hill
PA
17011
Correspondent's 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 infon'netion of which preparer has any knowledge.
SIGNATURE OF PERSON RESPONSIBLE FOR FILING RETURN DATE
ADDRESS
39 Heidi Terrace, Camp Hill, PA 17011
SIGNATURE OF PREPARER OTHER THAN REPRESENTATIVE
DATE
ADDRESS
PLEASE USE ORIGINAL FORM ONLY
Side 1
L
15056051058
15056051058
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-1
15056052059
REV-1500 EX
Decedenfs Name:
Ann
M Jones
RECAPITULATION
1. Real estate (Schedule A). ............................................ 1.
2. Stocks and Bonds (Schedule B) .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2.
3. Closely Held Corporation, Partnership or Sole-Proprietorship (Schedule C) . . . .. 3.
4. Mortgages & Notes Receivable (Schedule D) . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4.
5. Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E) . . . . . . .. 5.
6. Jointly Owned Property (Schedule F) Separate Billing Requested . . . . . .. 6.
7. Inter-Vivos Transfers & Miscellaneous Non-Probate Properly
(Schedule G) Separate Billing Requested.. . . . . .. 7.
8. Total Gross Assets (total Lines 1-7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8.
9. Funeral Expenses & Administrative Costs (Schedule H). . . . . . . . . . . . . . . . . . . .. 9.
10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I). . . . . . ., . . . . . . . . 10.
11. Total Deductions (total Lines 9 & 10)................................... 11.
12. Net Value of Estate (Line 8 minus Line 11) . . . . . . ., . . . . . . .. . . .. . . . . . . . . .. 12.
13. Charitable and Governmental Bequests/Sec 9113 Trusts for which
an election to tax has not been made (Schedule J) . . . . . . . . . . . . . . . . . . . . . . . . 13.
14. Net Value SubjecttoTax (Line 12 minus Line 13) ........................14.
TAX COMPUTATION. 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_
16. Amount of Line 14 taxable
at lineal rate X.O 45 2,720.35
17. Amount of Line 14 taxable
at sibling rate X .12
18. Amount of Line 14 taxable
at collateral rate X .15
15.
16.
19. TAX DUE. . . . . . . . . . . . . . . . . . . . . . . . " . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . 19.
20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT
L
15056052059
Side 2
~
208.30-4432
Decedent's Social Security Number
17.
18.
103,000.00
3,338.00
106,338.00
4,500.00
41,385.75
45,885.75
60,452.25
2,720.35
2,720.35
(:;,)
15056052059
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~ RE~-1500 EX Page 3
. Decedent's Complete Address:
File Number
cut{
DECEDENT'S NAME DECEDENT'S SOCIAL SECURITY NUMBER
Ann M Jones 208-30-4432
STREET ADDRESS
646 Erford Road
----. j STATE I ZIP ---
CITY
Camp Hill i PA 17011
Tax Payments and Credits:
1. Tax Due (Page 2 Une 19)
2. Credits/Payments
A. Spousal Poverty Credit
B. Prior Payments
C. Discount
(1)
2,720.35
Total Credits ( A + B + C ) (2)
3. Interest/Penally if applicable
D. Interest
E. Penalty
Total Interest/Penalty ( D + E ) (3)
4. If Une 2 is greater than Une 1 + Line 3, enter the difference. This is the OVERPAYMENT.
Fill in oval on Page 2, Line 20 to request a refund. (4)
B. Enter the Iotal of Une 5 + SA. This is the BALANCE DUE.
(5)
(5A)
(58)
2,720.35
5. If Une 1 + Line 3 is greater than Une 2, enter the difference. This is the TAX DUE.
A. Enter the interest on the tax due.
2,720.35
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; ............................................ 0 ~
c. retain a reversionary interest; or.......................................................................................................................... 0 [i]
d. receive the promise for life of either payments, benefits or care? ...................................................................... 0 [i]
2. If death occurred after December 12, 1982, did decedent transfer property within one year of death
without receiving adequate consideration? .............................................................................................................. 0 [i]
3. Did decedent own an "in bust for" or payable upon death bank account or security at his or her death? .............. 0 ~
4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which
contains a beneficiary designation? ........................................................................................................................ 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.
For dates of death on or after 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 three (3) percent [72 P.S. ~9116 (a) (1.1) (i)J.
For dates of death on or after January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is zero (0) percent
[72 P.S. ~9116 (a) (1.1) (ii)). The statute does not exemot a transfer to a surviving spouse from tax, and the statutory requirements for disdosure 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 death to or for the use of a natural parent, an
adoptive parent, or a stepparent of the child is zero (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 decedenfs lineal beneficiaries is four and one-half (4.5) percent, except as noted in
72 P.S. 99116(1.2) [72 P.S. 99116(a)(1 )).
The tax rate imposed on the net value of transfers to or for the use of the decedenfs siblings is twelve (12) percent [72 P.S. 99116(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.
,
~ I' REV-1502 EX+ (6-98)
SCHEDULE A
REAL ESTATE
tlf(
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
Ann Marie Jones
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 which is jointly-owned with right of survivorship must be disclosed on Schedule F.
FILE NUMBER
ITEM
NUMBER
1.
DESCRIPTION
VALUE AT DATE
OF DEATH
646 Erford Road, Camp Hill, PA 17011
103,000.00
TOTAL (Also enter on line 1, Recapitulation) $
(If more space is needed, insert additional sheets of the same size)
103,000.00
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,. ., REV-1508 EX+ (6-98) ..
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE E
CASH, BANK DEPOSITS, & MISC.
PERSONAL PROPERTY
cofl
ESTATE OF
Ann Marie Jones
FILE NUMBER
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
DESCRIPTION
VALUE AT DATE
OF DEATH
1 Checking Account - Commerce Bank, 100 Senate Ave, Camp Hill, PA 17011 - Acct#05121 00421
975.00
2 Savings Account - Commerce Bank, 100 Senate Ave., Camp Hill, PA 17011 - Acct# 0626126536
713.00
3 Misc. Personal Property (See attached inventory)
989.00
4 Pension Payment - State of Pennsylvania
661.00
TOTAL (Also enter on line 5. Recapitulation) $
(If more space is needed, insert additional sheets of the same size)
3,338.00
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-II' ., REV-1511 EX+ (12.99)W
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE H
FUNERAL EXPENSES &
ADMINISTRATIVE COSTS
e,of'f
ESTATE OF
Ann Marie Jones
FILE NUMBER
Debts of decedent must be reported on Schedule I.
ITEM
NUMBER
A.
DESCRIPTION
AMOUNT
1.
FUNERAL EXPENSES:
Burial - Richardson Funeral Home (Enola. PAl
Clergy
Refreshments & Rowers
1,995.00
100.00
289.00
66.00
2.
3.
4. Obituary- Patriot News
B. ADMINISTRATIVE COSTS:
1. Personal Representative's Commissions
Name of Personal Representative(s) Nt A
Social Security Number(s)/EIN Number of Personal Representative(s)
0.00
Street Address
City
State
Zip
Year(s) Commission Paid:
2.
Attorney Fees
1,935.00
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
115.00
5. Accountant's Fees
6. Tax Return Preparer's Fees
7.
TOTAL (Also enter on line 9. Recapitulation) $
(If more space is needed, Insert additional sheets of the same size)
4,500.00
.
. ~ .' REV-1512 EX+ (12.03)
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eft{
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE I
DEBTS OF DECEDENT,
MORTGAGE LIABILITIES, & LIENS
FILE NUMBER
ESTATE OF
Ann Marie Jones
Report debts incurred by the decedent prior to death which remained unpaid as of the date of death, including unreimbursed medical expenses.
ITEM VALUE AT DATE
NUMBER DESCRIPTION OF DEATH
1.
Settment Cost (see attached statment)
8,293.69
215.00
2.
House Insurance (through Donegal)
3.
Personal Loan - PSECU - Acct# 208304432 (see attached satisfaction letter)
6,745.65
4.
PSECU . Line of credit recorder fee. (see attached satisfaction letter)
27.00
5.
Blair. Acct# 005780981003682677 - (see attached satisfaction letter)
808.52
6.
ERI Financial Services - Acct.# 0499601100225732 . (see attached satisfaction letter)
1,800.00
2,059.28
1,834.92
1,409.61
8,000.00
8,960.00
132.00
401.00
7.
Boscov's - Acct.# 003096742. (see attached statement)
Lowe's - Acct# 82222390871790 . (see attached statement)
Wal-Mart - Acct.# 6032203131068057 - (see attached statement)
HSBC Bank - Acct.# 5407070006411999 - (see attached satisfaction letter)
MBA Bank - Acct.# 5490998999914337 - (see attached letter)
8.
9.
10.
11.
12.
Refuse - Acct.# Jonesrl001 . (see attached statement)
13.
Property Repairs. 646 Erford Rd., Camp Hill, PA 17011 - (see attached receipts)
Utilities. (see attached statements)
699.08
14.
41,385.75
TOTAL (Also enter on line 10, Recapitulation) $
(If more space is needed, insert additional sheets of the same size)
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"'. . 'tlEV-1513 EX+ (9-00)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDEtH.
eSTATE OF
Ann Marie Jones
SCHEDULE J
BENEFICIARIES
~o(M
FILE NUMBER
RELATIONSHIP TO DECEDENT AMOUNT OR SHARE
NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY Do Not List Tmstee(s) OF ESTATE
I TAXABLE DISTRIBUTIONS pnclude outright spousal distributions, and transfers under
Sec. 9116 (a) (1.2)1
1 Kimbertey Smith, 39 Heidi Terrace, Camp Hm, PA 17011 Daughter 19,244.00
2 Robert Jones, 31 Lancaster Ave., Enola, PA 17025 Son 19,244.00
3 Jeffery Jones, 35 Red Barberry Drive, Etters, PA 17319 Son 19,244.00
ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 1 B, AS APPROPRIATE, ON REV-1500 COVER SHEET
n NON-TAXABLE DISTRIBUTIONS:
A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MAOE
B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS
TOT.bJ.. OF PART 11- ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET $ 0.00
(If more space is needed, insert additional sheets of the same size)