The URL can be used to link to this page

Home My WebLink About08-21-06 Elyse E. Rogers, Esquire Identification No. 41274 Todd F. Truntz, Esquire Identification No. 83302 KEEFER WOOD ALLEN & RAHAL, LLP 415 Fallowfield Road, Suite 301 Camp Hill, PA 17011 (717)-612-5800 IN RE: ESTATE OF WAYNE E. RICHARDS, Deceased IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA (_.-, NO. 2006-00293 ORPHAN'S COURT DIVISION -.~ v ) I . I .:: ) . -- j-rl MOTION TO MAKE RULE ABSOLUTE NOW COMES Movant, Kenneth W. Richards, personal representative of the Estate of Wayne E. Richards, deceased, by and through his attorneys, Keefer Wood Allen & Rahal, LLP to bring the following Motion to Make Rule Absolute and in support thereof, avers the following: 1. On June 15,2006, Kenneth W. Richards, personal representative of the Estate of Wayne E. Richards, (Hereafter "Movant") filed a Petition for Leave to Disclaim and to Determine the Pennsylvania Inheritance Tax Consequences Thereof (hereafter the "Petition"). 2. On June 16, 2006, this Honorable Court issued a Rule upon the Pennsylvania Department of Revenue, to show cause why the Petition should not be granted and to further show cause, if any there be, for the treatment of the distribution of any of the hereinafter described property from the Estate of Myrtle L. Richards or the Trust created by Richard W. Richards to be treated as a transfer of property from 1 Wayne E. Richards to the recipients thereof for purposes of Pennsylvania inheritance tax: a. The interest in tangible personal property, including but not limited to books, pictures, jewelry, silverware, automobiles, wearing apparel and all other articles of personal use or adornment and all policies of insurance thereon pursuant to or as described in Item IV, Section (b) of the Will of Myrtle L. Richards, which would, but for the disclaimer, pass to the Estate of Wayne E. Richards, deceased; b. The one-fifth residuary interest in the residue ofthe Estate of Myrtle L. Richards, deceased, pursuant to Item V ofthe Will of Myrtle L. Richards, deceased, which would, but for the disclaimer, pass to the Estate of Wayne E. Richards, deceased; c. The 50% survivorship interest of Wayne E. Richards in the real property known as 506 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania, Parcel No. 42-28-2423-405, recorded by Deed on December 22, 2004 at Book 266, Page 4268 in the Office ofthe Recorder of Deeds of Cumberland County which would, but for the disclaimer, pass to the Estate of Wayne E. Richards, deceased; d. The 50% survivorship interest of Wayne E. Richards in United States Savings Bonds jointly owned with Myrtle L. Richards; and e. The one-fifth remainder interest in the trust established by Item IV, Section (c) of the Will of Richard W. Richards, deceased, which would, but for the disclaimer, pass to the Estate of Wayne E. Richards, deceased. 3. On or about June 16, 2006, a copy of said Rule was served upon the Commonwealth of Pennsylvania, Department of Revenue, as well as the Pennsylvania Attorney General, via certified first class U.S. Mail, return receipt requested, by the Clerk of the Orphan's Court of Cumberland County. Return receipts on file with the 2 Clerk ofthe Orphan's Court indicate that service was made on both parties on June 21, 2006. 4. On June 28, 2006, the Commonwealth of Pennsylvania, Department of Revenue, filed letter in response to said Rule indicating that the Department of Revenue has no objection to Movant's Petition or the relief requested therein. A true and correct copy of said letter from the Department of Revenue is attached hereto and incorporated herein as Exhibit "A." WHEREFORE, Movant respectfully requests that this Court make the Rule to Show Cause Absolute and enter an Order: A. Permitting the Estate of Wayne E. Richards to disclaim all rights in the above-described property of Myrtle L. Richards, B. To disclaim all interest in the Trust created by the Will of Richard W. Richards, with the distribution thereof to be treated as a transfer of property from the Richard W. Richards Trust to the residuary beneficiaries thereof as if Wayne E. Richards predeceased Myrtle L. Richards, C. Ordering that the effect of the Disclaimer is such that there shall be no Pennsylvania Inheritance Tax due with respect to the distribution of any property from the trust created under the Will of Richard W. Richards to the surviving residuary beneficiaries thereof, D. That after the execution and filing of the Disclaimer, all of the above-described property in which Myrtle L. Richards held an interest shall be distributed as if Wayne E. Richards predeceased Myrtle L. Richards, and 3 E. In furtherance thereof, to approve the execution and Filing of the Disclaimer and Renunciation constituting Exhibit "I" of the Petition. Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP ~BY: ~~~'-, Elyse E. Rogers, Esquire Identification No. 41274 Todd F. Truntz, Esquire Identification No. 83302 415 Fallowfield Road, Suite 301 Camp Hill, PA 17011 (717) 612-5800 Attorneys for Movant Date: August 21, 2006 4 OFFICE OF C~IIEF CQUNSE!L DEP1, Z81061 HARRISBURG, PA 1711.6.1061 . COM~~~~L~~T 06:~~~:~~A~I~\;,;, C:". June 28, 2006 zr:"',; ,~":_ -<:J ::,:L)oi'~~8Ulick D/recl Dia/: (717)346-4644 Il<ullckliil.state.Da.u~ Fax: (717l772-1459 Glenda Farner Clerk of Orphans' Court Court of Common Pleas of Cumberland County Orphans' Court Division Cumberland County Courthouse One Courthouse Square Carlisle, FA 17013 Re: Estate of Wayne E. Richards, deceased Court of Common Pleas of Cumberland County File No. 20 06-0293 P~tition for Leave to Disclaim and to Determine the Pennsylvania Inheritance Tax Consequences Ther~of 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, P.eti~ioner 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 esta.te. His mother died on December 16, 2005. In order fo~ decedent's Executor'S assignment of the interest in decedent's mother's esta~e'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 dj.sclaimant; 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 waive~ of the right to disclaim; any transfer of the interest or a contract to do 80; and a third party's detrimental reliance on the representation that the disclaimant accepted the property. \ .(\ '\'- 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 theroein. 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. Sincerel):", ,.......:1 ,/ \'../ w ;'~~L~~.-' Lora A. I<ulick Assistant Counsel cc: Todd F. Truntz, Esq. John C. Ml.lxphy LAK: dmm (net) Assgnmnt17193.dac CERTIFICATE OF SERVICE I, Todd F. Truntz, Esquire, an employee of KEEFER WOOD ALLEN & RAHAL, LLP, certify that I this day served a copy of the foregoing MOTION TO MAKE RULE ABSOLUTE upon the person(s) indicated below by First Class U.S. Mail, postage prepaid at Camp Hill, Pennsylvania, and addressed as follows: Pennsylvania Department of Revenue Office of Chief Counsel Dept. 281061 Harrisburg, PA 17128-1061 Pennsylvania Office of Attorney General 16th Floor Strawberry Square Harrisburg, PA 17120 KEEFER WOOD ALLEN & RAHAL, LLP DATED: August 21, 2006 --:~~~ Todd F. Trun z, Esquire ~'- Identification No. 83302 415 Fallowfield Road, Suite 301 Camp Hill, PA 17011 (717) 612-5800 Attorneys for Petitioner 5