David M. Frees, III Phone: 610-933-8069
120 Gay St, Phoenixville, PA 19460
Douglas L. Kaune

Archive for December, 2009

Chester County Lawyer Awarded AVVO’s Highest Rating – 10 SUPERB

Saturday, December 12th, 2009

David M Frees III, Esquire has just been awarded AVVO’s highest lawyer and attorney rating of 10.0. Frees heads the Trust, Estate, and Wealth Transfer Section of Unruh, Turner, Burke and Frees with offices in Phoenixville, Malvern, and West Chester, Pennsylvania.

Frees whose practice is limited to trusts, wills, estates, probate, asset protection, and estate planning helps families and individuals to create effective estate tax, asset protection, and business succession plans.

Frees has received AVVO's highest ranking of 10.0 Superb

Frees has received AVVO's highest ranking of 10.0 Superb

However, Frees notes that “The firm has lawyers that work in many different areas so that our clients’ needs ranging from personal matters such as estate planning, personal injury and related matters are well protected and served by the firm. And, many other firm practice areas help clients in their business, real estate, and related commercial matters.”

“I am honored to receive AVVO’s highest professional rating. AVVO is one of the premier lawyer search and referral sites on the internet and rates lawyers on a variety of factors. I regularly publish legal guidelines and answer estate planning, will, trust, and probate questions for AVVO users and I believe that it is a powerful tool for consumers.”

Thanks to everyone, including my partners and associates, my support staff, and the other lawyers and clients who have helped me to achieve this honor. I have a great team of people that I work with and great clients that we serve.”

Frees’ offices provide trust, estate, and estate planning services to the entire Philadelphia region, including but not limited to Chester and Montgomery Counties, Berks, Bucks and Lancaster Counties and many communities such as Ardmore, Devon, Berwyn, Paoli, Malvern, Willistown Township, Charlestown Township, East Pikeland, Schuylkill Township, and Doylestown

More information about AVVO rating and search services for Pennsylvania residents can be viewed by clicking this link.

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Give The Technology Gift -A Domain Name – That Might Last A Lifetime

Thursday, December 10th, 2009

Attorney David Frees explores how and why you might want to give the gift of a custom domain name to your children and/or grandchildren.

Want to buy your child or grandchild something that may never go out of style, might be vitally important to them in business as they grow up, and is becoming harder and harder to get?

Want to do something for a loved one that not only shows that you care but that might be useful for their entire life?

Want to know the three letters that matter and that might make you a hero to your kids and grandchildren?

The three letters are URL.

URL – That is the web address for a web site that they might use now or in the future for personal or business use. Do you have your name as a domain? Do you own www.insertyournameshere.com for your children and/or grandchildren?

If not, just click on that link and you can find out if your name, your child’s name, and/or a grandchild’s name is still available and if it is you can reserve it and own it for less than $10.00 per year. We have made an arrangement with one of the major web registrars through www.succcessfulurls.com for clients to get a radically reduced cost for registering their names as urls. But, there are many other web sites that also offer this service.

And, it is easy to transfer the web name to your child or grandchild, and easy to set up a simple web site (the kids can do it) so that they can even own the email address theirname@theirname.com for example, John@johnsmith.com rather than john127@aol.com.

Now it is becoming harder and harder to find common names that haven’t been taken. But, it is nice and in some professions (think web designer) to have your own name as your url.

But, while it is becoming harder and harder for children and grandchildren to own their own names many of your children and grandchildren might want that ability. So, if their name is taken how can you still give this gift? well, there are a few tricks.

If johnsmith.com is taken, try www.thejohnsmith.com “www.theoriginaljohnsmith.com” or “therealjohnsmith.com.” You can also try a url using the middle initial such as www.johnpsmith.com or using the full middle name. To experiment, and to reserve a domain name for your child or grandchild, click this link.

So, here’s to hoping that you can find one that works. And, even if you have a new baby, or new grandchild, consider reserving that url. It is inexpensive, fun and may be a really nice present.

Have a great holiday season.

David M. Frees III

David Frees advises clients on estate planning maters related to copyrights,
technology, business succession planning, real estate and other assets which
require careful estate planning. For a consultation, call 610-933-8069.

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Early Intervention for Special Needs Beneficiaries (Autism)

Tuesday, December 8th, 2009

Special Needs Trusts and Supplemental Needs Trusts: Autism, an Early Intervention
by Douglas L. Kaune, Esquire Pennsylvania Attorney 610-933-8069
Wills * Trusts * Probate * Elder Law * Estates * Estate Planning * Asset Protection Planning
Malvern, Phoenixville, and West Chester Law Offices Chester, Montgomery, Delaware, Philadelphia, Berks and Bucks County
We work frequently with clients who use Special Needs Trusts to protect their beneficiaries’ Social Security Disability (SSI) and Medicaid benefits.   The Special Needs Trusts are either prepared to be funded during lifetime or through a Last WIll and Testament.  The Special Needs Trust beneficiaries typically suffer from mental and physical disabilities or other issues.  I have come to know how challenging the lives of those families can be and, in recognition of those challenges, I like to pass along information that might assist clients and friends with their daily living.   Please read this recent U.S. News and World Report Blog Entry regarding the benefits of early intervention for children with Autism. We are all learning new and creative ways to assist individuals with special needs. I am hopeful that through estate planning and preparation of wills, trusts and other documents for clients we can do our part to enhance the family dynamic.
For questions on Special Needs Trusts and other estate planning or elder law issues, please give me a call at 610-933-8069 or email me at: dkaune@utbf.com.

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Protecting, Insuring, and Passing On A Valuable Wine Collection – It May Be Harder Than You Think

Sunday, December 6th, 2009

David M. Frees III on Insuring, Collecting and Passing On A Valuable Wine Collection

David M. Frees III on Insuring, Collecting and Passing On A Valuable Wine Collection

Do You have a growing wine collection?
Has your wine collection become a valuable asset of your estate?
Are you interested in collecting wines?
Do you want to pass on the value of the collection or the collection itself through a will or trust?
Do you mistakenly think that your homeowner’s coverage insures your collection?

If you answered yes to any of the above questions, then be sure to click here to read this brief new article on insuring, protecting and passing on a wine collection at any stage.

David M. Frees III

For an a no obligation and no cost consultation about completing or updating your estate plan to deal with any valuable collections or assets please mention this article when you call Ms. Brownback or Ms. Fox or email dfrees@utbf.com. Law office 610-933-8069

Offices are conveniently located in Phoenixville, Malvern and West Chester Pennsylvania

Thanks also to Doug MacGray for allowing us to publish a portion of his interview and newsletter. Doug can be reached through www.compass-ionadvisors.com

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Prenuptial Agreements and Pennsylvania Estate Planning – What The Tiger Woods Disaster Reminds Us To Do

Saturday, December 5th, 2009

David M. Frees III Tiger Woods Prenup and Prenups In Pennsylvania Estate Planning

David M. Frees III Tiger Woods Prenup and Prenups In Pennsylvania Estate Planning

Are You Remarried or Contemplating Remarriage With Children From A Prior Marriage? The Prenuptial and Postnuptial agreements can be the solution to a tricky problem.
By: David M. Frees III
Tiger Woods situation has put the prenuptial agreement back in the news. Following Tiger’s admission of his “transgressions,” many news sources have reported that Tiger and the current Mrs. Woods are renegotiating their prenuptial agreement.

So what does Tiger Wood’s dilemma have to do with prenuptial agreements in Pennsylvania and the use of such agreements in estate planning?

Well, first and foremost, the story reminds me that such premarital agreements are valid and enforceable under Pennsylvania law. And, while the current renegotiation of the pre-nup by Tiger Woods and his wife revolves around divorce, it is important to remember, that prenuptial agreements are a powerful tool for avoiding disputes when you are in or considering are second or third marriage and/or have children from multiple marriages. In short, prenuptial agreements need not focus just on divorce, but can also set forth the parties’ agreements on estate planning so that expensive and destructive family disputes can be avoided.

Many married people want to leave their assets outright to one another but also want to ensure that the children of a prior marriage get some benefit from the estate when the surviving spouse passes. However, if you own all of your assets jointly with your husband or wife, they will transfer automatically to him or her. Likewise, if you have a simple will, and your spouse receives everything, he or she is free to dispose of those assets in any way they desire. And, they can refuse to give any of those assets to your children at death.

So, what are you going to do? If you are remarried or planning to remarry and have children or heirs that you want to protect in addition to your current spouse, then careful planning using a prenuptual agreement or post nup for estate planning purposes and not just to cover the divorce is a major benefit.

The parties agree on a plan in advance. Then, by using the rules of the pre-nip or post-nup and some insurance and/or other trust arrangements you can protect your new spouse and the heirs you want to benefit after the spouse passes.

Prenuptial agreements are not just for divorce. They are also a valuable state planning tool.

Stay tuned for more on prenuptial and postnuptial agreements in estate planning.

David M. Frees III, Esquire is an estate planning, probate, and trust lawyer in Pennsylvania.
The firm’s offices are located in Malvern, Phoenixville, and West Chester

Are you remarried or contemplating remarriage with children or others heirs that you would like too protect? If you need a consultation about a prenuptial or post-nup agreemnt please call Donna Brownback or Denise Fox at 610-933-8069 for an appointment with David M. Frees III. Mention this article to receive additional articles and information on estate planning strategies and tactics for remarriage.

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The House Passes New Estate Tax Law – What’s Next? The Senate Will Probably Change It

Thursday, December 3rd, 2009

David M. Frees III On New Federal Estaet Tax Bill Passes

David M. Frees III On New Federal Estaet Tax Bill Passes

David M. Frees III Law Offices in Phoenixville, Malvern, and West Chester

Today, the hose passed a bill extending the federal estate tax into next year and beyond. The bill passed 220 to 200 with all support coming from the democratic side of the house. This bill keeps the tax rate at 45% and exempts 3.5 million dollars. A married couple can still protect 7 million dollars of assets and life insurance, but it will still take some careful estate planning.

This is just a quick update. The Senate will now have to take up the issue and is likely to change the bill before the end of the year. We will keep you posted.

David M. Frees III

If you estate plan is more than two years old, it may be desirable to change or update the plan.
For an appointment to review or update your plan please call Donna Brownback or Denise Fox at 610-933-8069 or email dfrees@utbf.com and mention this article to receive a discount on your planning.

Unruh, Turner, Burke and Frees maintains offices servicing the entire Philadelphia region, including the Main Line, Ardmore, Bryn Mawr, Berwyn, Paoli, Chester Spring, and the surrounding areas. The firm has a number of probate, estate planning, and trust lawyers.

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Who Are The Top Trust and Estate Lawyers On The Main Line? – David Frees According to Main Line Today

Thursday, December 3rd, 2009

David M. Frees III on Breaking News About Asset Protection Trusts

David M. Frees III on Breaking News About Asset Protection Trusts

David M. Frees III
David Frees has had a long tradition of practicing law in the areas of trusts, estates, wills, estate planning and asset protection in Pennsylvania. He is honored to represent many of the Philadelphia region’s most successful business men and women in their personal estate planning and to represent so many attorneys and other professionals as well.

To see the Main Line Today’s web version of the article listing David Frees as the top trust and estate attorney on the Main Line, click here.

David Frees also recently received a “Superb” AVVO rating as a lawyer practicing in the areas of trusts, estates, estate planning and asset protection planning. For more on David Frees’ AVVO Rating click here.

When interviewed recently concerning his practice Frees was quick to thank the Main Line Today Magazine and the many attorney’s that nominated him for the honor last year. “But I also want to thank the many people and families that come to us each year as clients. This year has been particularly challenging for many clients grappling with retirement, changes in their businesses and investment portfolios. And, on top of that, Congress has made planning difficult by continuing to avoid the much needed reform of the estate tax.”

Frees added, “To make life easier for clients who want to make changes, but who feel like the federal estate tax law might change their documents, we are offering to help you with your planning now (we are studying each and every pending bill) and to give you full credit for the fees you have paid if the tax law changes later effect you.”

“In this way, our clients and new client’s have no down side risk to getting the wills they want right now. You would pay only for the appointment to change your will, but you can get your changes done now without worrying about extra charges.”

When asked about what triggers the need for changes to an estate plan, Frees noted,”There are many reasons to check in with your estate planning lawyer. The inheritance of assets, the purchase of life insurance, the changed status of children or grandchildren as they mature, marry,divorce and/or have children, can all make the need for changes very real. Likewise, the need to update the trustees, executors, or guardians can be a real motivator to update or change your estate planning documents.”

Basically, Frees loves working with clients to achieve their objectives, to help them to shelter their legacy from divorces, taxation, and law suits and enjoys working with families dedicated to passing on their financial wealth and their wisdom about business and life to the next generations. “Many of my clients have a great deal to offer. And, for a variety of reasons have not yet been able to share everything with children and grandchildren. we help them to that and to protect the assets that they leave.”

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Can Too Many Accounts Cost You Money and Ruin Your Estate Plan?

Wednesday, December 2nd, 2009

David M. Frees III on Breaking News About Asset Protection Trusts

David M. Frees III on Breaking News About Asset Protection Trusts

I have recently encountered several estates where the shear number of accounts really caused problems for the heirs as they struggled to locate the accounts, discovered escheated accounts, paid an accountant to figure out the tax consequences and more.

And, through the years I have also seen many clients suffer lifetime negative consequences of having just too many bank accounts and investment accounts ranging from extra fees paid to lost accounts to greater tax complexity than needed.

The New York Times also recently addressed this issue and if you want to read more about the problems of too many bank and investment accounts including:
lost accounts
higher management and account fees
unintended estate consequences
unexpected inheritance tax allocations and more
increased likelihood of estate disputes between heirs

Just click here to read David M. Frees and The New York Times on Why You Can Have Too Many Accounts For Your Own Good.

David M. Frees III
Call 610-933-8069 for an appointment to solve the problem of too many accounts in your estate plan.
Make sure that your will or trust works with all of your accounts.

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Know Your Nursing Home Rights: Avoiding Nursing Home Abuse

Tuesday, December 1st, 2009

Nursing Home Abuse Attorney

Nursing Home Abuse Attorney

Nursing Home Long Term Care Rights: Avoiding Abuse
by Douglas L. Kaune, Esquire Pennsylvania Attorney
Wills * Trusts * Probate * Elder Law * Estates * Estate Planning * Asset Protection Planning
Malvern, Phoenixville, and West Chester Law Offices Chester, Montgomery, Delaware, Philadelphia, Berks and Bucks County
It is difficult to see a loved one enter a nursing home or elder care facility. It is heart wrenching to see them abused, neglected or their rights infringed upon once they enter the nursing home or elder care facility. If you believe that your mother, father, husband, wife or other loved one is not receiving proper nutrition, has bed sores, has fallen or is being abused or neglected in another way consult this PA Department of Health brochure. “Know Your Rights As A Nursing Home Resident.” If you believe that the rights of a nursing home resident have been infringed upon, please give me a call at 610-933-8069 or email me at: dkaune@utbf.com for a FREE CONSULTATION to discuss your legal rights.

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