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HomeMy WebLinkAbout07-03-06 OFFICE OF CHIEF COUNSEL DEP1. 281061 HARRISBURG, PA 17128-1061 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE June 28, 2006 r., "', , \ :~ \JOi'~ €: 8ulick Direct Dial: (717) 346-4644 Ikulick@state.pa.us Fax: (717) 772-1459 Glenda Farner Clerk of Orphans' Court Court of Common Pleas of Cumberland County Orphans' Court Division Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Estate of Wayne E. Richards, deceased Court of Common pleas of Cumberland County File No. 20 06-0293 Petition for Leave to Disclaim and to Determine the Pennsylvania Inheritance Tax Consequences Thereof Dear Ms. Farner: The Department of Revenue, Office of Chief Counsel, received a copy of the Petition filed on behalf of the above-referenced Estate. The Rule to Show Cause requires the Department to show why the Executor of the Estate should not be authorized by the Court to execute a disclaimer of decedent's interests in the Estate of Myrtle L. Richards, deceased. Pursuant to the Petition, Petitioner is the duly appointed Executor of the decedent's estate. Decedent died on March 14, 2006. The Executor petitions to disclaim decedent's interest In his mother's estate. His mother died on December 16, 2005. In order for decedent's Executor's assignment of the interest in decedent's mother's estate's property to be valid for Pennsylvania Inheritance Tax purposes, it must meet the requirements of the Probate, Estates and Fiduciaries Code and the Inheritance and Estate Tax Act for a valid disclaimer. 20 Pa. C.S. A. ~ 6201; 72 P.S. ~ 9116(c). The Disclaimer must describe the interest disclaimed; declare the disclaimer and extent thereof; be signed by the disclaimant; and be filed with the clerk of the orphans' court within nine months of decedent's death. There also must be no bar to the disclaimer. Possible bars include whole or partial acceptance of the disclaimed property or an interest therein; the existence of a written waiver of the right to disclaim; any transfer of the interest or a contract to do so; and a third party's detrimental reliance on the representation that the disclaimant accepted the property. '\ ..(\ ~ /t Ms. Glenda Farner June 28, 2006 Page 2 The executor of decedent's estate has met all of the PEF Code and Inheritance and Estate Tax Act requirements for a valid disclaimer. Accordingly, the Commonwealth has no objection to the Petition as presented, or to the relief requested therein. I trust that this is a sufficient representation of the Department's position on this matter. Please contact me if the Court has any questions or concerns. Sincerelx, _~~~~l/v' Lora A. Kulick Assistant Counsel cc: Todd F. Truntz, Esq. John C. Murphy LAK: dmm (net) Assgnmnt17193.doc