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

Archive for the ‘Estate Planning’ Category

Estate Planning and Wills – It Has To Be Easy

Saturday, August 27th, 2011

Estate Planning Seems Hard, Costly, and
Time Consuming?

Can Estate Planning Be Any Easier?

Many recent polls have concluded that
fewer than half of all adult Americans (44%)
even have a will much less an estate plan that
coordinates wills and assets to achieve what
they really want.

And, many Americans responding to a recent
AOL online poll said that they were more
concerned about maintaining their weight
than in doing a will.

Yet, almost 75% of those
polled said that
they should have a will.

In other words, we all know
we should but most of us don’t

-or if we do, they are out of date.

So what’s the problem?

Why don’t people
get to signing and updating their wills
and estate plans especially when the failure
to do it right can be so costly?

And, if the process is too hard, is there
an easier way to get it done the right way?

Here are the answers to a few of the most
important questions that families need
to ask about the ease and effectiveness of
estate planning and about how and why to
get it done.

Why don’t American families get to estate
planning even though they know it needs to
be done and they want to protect their heirs?

Again, according to the polling data Americans
say that they are too stressed about their day
to day activities to get that will done, AND
the process seems too complicated.

According to the survey, most families
whether affluent or moderately well to to agree,
“It Has To Be Easy.”

Why not use the internet?
Isn’t it safe and easy?

Most Americans still don’t trust the internet
for something this personal and complex.
And, internet based programs are often
not much less expensive than a lawyer when you
add up all of the smaller charges.

Finally, such programs do a bad job of helping
people with sophisticated needs to coordinate
their  documents, assets, and trusts in a cohesive
and easy to understand system.

Well, as lawyers who spend their lives helping
people to complete their wills and estate plans
including wills, trusts (when needed),
powers of attorney, medical powers, living wills
HIPPA authorizations, and all of the essential stuff
that makes life easy for our surviving heirs, reduces taxes,
protects them from law suites and divorce and many
other risks, we listen.

It’s now easier than ever to get a simple estate plan
or a complex trust based estate plan in force from
a lawyer who meets with you personally, customizes
your plan and helps you to structure and to coordinate
your assets to make the plan actually work.

The truth is, we haven’t really had to make too many
changes to achieve these goals for our clients.

For years, our clients have been raving about
our proprietary process.  And, while it may take a few weeks
to get an appointment (because we are client friendly and
good at what we do), the whole process for most people -
from start to finish- only takes two appointments and a
a few minutes to fill out some paper work and to
answer some well thought out questions.

Do many affluent clients and families take longer?
Sometimes.  But usually, they get the basic planning
in place within a few weeks and with a few appointments.

In fact, even clients who use advanced techniques
such as Irrevocable Trusts, GRATs, and Qualified
personal residence trusts to move assets out of their
estates for tax purposes often get these done in a short
amount of time.

And, the savings and protection can be substantial.

Do some families require more meetings or a
family meeting?

Sometimes families with closely held businesses or family
vacation homes will need or request an extra meeting and/or
one of our famous family meetings.  When family
meetings are used they usually help to improve the result
and help the next generation to understand and to more
easily do what needs to be done when the time comes.

Family meetings can involve as much or as little
financial detail as you want to share but they are
great at eliminating family disputes and the delays,
costs, and problems that arise when no one knows
what to do.

How does your process ensure that we get an
estate plan or will customized to our family’s needs
and goals at a fair price?

Well, a “fair price” is in the eyes of the beholder.
But, we don’t want or expect you to take a chance that
what we think is fair seems too high to you.

So we offer prospective clients the ability to meet with us,
to hear all the options, and to get a flat fee in advance for all
of the specific planning that they have selected. There is
no fee for that consultation.  We take all the risk.

How can we do that?  The truth is that almost everyone
who has one of those appointments hires us.

We know, from listening to clients that this
removal of risk makes for a trusting and effective
relationship right from the start.

And, if you want to know more before you start
working with us, you are also free to review our
extensive library of informative
reports, videos and articles on our two sites:

http://www.utbf.com/trust-estate

and

http://www.PaEstatePlanners.com

Watch, listen, and read what we write and produce
on a variety of topics and judge for yourself and
read what clients and other lawyers say about us
on rating services such as AVVO.com.

Want to read what other lawyers say about Dave?
AVVO Peer Comments* See notes below.

You can also see that David Frees has been a
“Top Lawyer” in the Main Line Today’s rating
of Trust and Estate lawyers, and that he has been
a SuperLawyer for many years.

How much homework is required?

We have created, based on over 25 years
of client appointments and experience, a
document – sent to you before your appointment -
that will walk you through the most important things
that you need to think about.  After your appointment,
we’ll review what  needs to be done and what you want
to do or what you want the lawyer to do for you.

If you’re so experienced, then isn’t this
very expensive too?

In the Trust, Estate, and Wealth Preservation
Section of the firm, this is what we do every day.

We invest hundreds of thousands of dollars
in software, training, and hiring of talented
people that make up the team that helps you.

Paralegals, an effective system and a focused
practice allows us to offer services that are
often very reasonable or appropriately expensive
depending on how advanced and sophisticated your
estate planning needs may be.

But, you’re never surprised by a bill
because you get to select your specific planning
tools and you always know, before you commit
to any costs, exactly what the fees will be.

I hope that this helps you to move out
of the majority of Americans who have no
will or an old and defective estate plan and
into the elite group of families and individuals
that have estate planning that will accomplish your
specific goals.

For a copy of our copyrighted Enhanced
Estate Planning Questionnaire or
any of our consumer reports or Affluent
Family Series of Reports, call 610-933-8069
or email dfrees@utbf.com.

For more reports and information call
David Frees at 610-933-8069.

*Please note, that at least one person mentions
the word “expert” when referring to David as a
trust and estate lawyer.  However, while this
is not true in all states, Pennsylvania lawyers
may not refer to themselves as experts in any field.
David limits his practice to trusts and estates but
wants to inform you that their is no such thing
as a trust and estates “expert,” in Pennsylvania.

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ADDRESS IT NOW TO PREEMPT A WILL CONTEST

Thursday, August 18th, 2011

In our practice we have the experiences representing Executors  that are necessary to help present clients avoid future problems occurring after death.  Everyone wants and expects that their wishes as set out in their  Last Will will be followed and will be properly carried out.  In some cases, clients want to divide their estate in a way that might not follow the traditional “family line.”

As a result, we know that this might not sit well with all of the beneficiaries when the time comes to divide the estate.  Those beneficiaries might be so upset or might have such a substantial economic stake that they might consider contesting the will.  A Will contest  will likely be very expensive and time consuming.  We should take steps now to avoid that future possibility.

There are a number of things that can be done to head off potential will contests.  One such measure is to actually address the issue now with those who will be impacted.  This is a surprisingly novel idea.  Many people are reluctant to talk about their Wills with their children or loved ones, especially with those who might be negatively impacted by the Will contents.

However, giving the impacted beneficiary or beneficiaries notice of the intentions in advance of death, you can pre-address the common arguments made by those contesting wills.  Common bases of will contests are lack of capacity or undue influence.  If you address and defeat these and other arguments now, you can virtually eliminate the will contest option for the omitted or affected beneficiary.  This is not to say other options such as the Interrorum Clause  should not be utilized, but this might be a practical solution to a forseeable problem.

If you would like to review potential will contest issues or other planning concerns, please call or contact Douglas L. Kaune at 610-933 8069 or dkaune@utbf.com.

Douglas is a partner with Unruh, Turner, Burke & Frees, P.C. having three convenient locations in Phoenixville, Malvern and West Chester, Pennsylvania (PA) serving clients in Chester, Montgomery, Delaware, Bucks, Berks, Lehigh and Philadelphia Counties.

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Is Your Will Out of Date? Want Peace of Mind?

Saturday, August 6th, 2011

In just 20 Minutes You Can Have A Free Will Review and
Make Sure That Your Old Will, Trust, and Power of Attorney
Aren’t Out of Date or Invalid

Old Will May Be Better Than No Will - But if your will looks like this it may be time for an update

Unruh, Turner, Burke and Frees Offers Free Will Reviews This Fall

Have you been wondering if that old will, trust, or living will and power of attorney are still good?

Do they still work?

Are they out of date?

Have the legal changes of the last few years rendered any of them obsolete?

If you’ve been wondering, you can now put your mind at ease.  And to make it even better, you can get the answer for free and it only takes 20 minutes to find out.

Unruh, Turner, Burke and Frees is now offering a limited number of will reviews this fall.

30 have already been filled but another ten are still available to non-clients.  These will reviews are not contracted out to young lawyers; they are performed by David Frees and Douglas Kaune, partners of the Trust, Estates and Wealth Preservation Section of the firm.

Why would a firm and two very busy lawyers make this offer?

We want our clients to be sure that their documents are up to date.

We want you to have peace of mind.

And, many times when we review these documents they turn out to be fine.

In those cases, where some updates or changes are needed, you’ll always get a flat fee quote for that work and there is never any fee unless you decide to make those changes or important updates.

There are a limited number of these dates for both clients of the firm and for those who aren’t yet clients.

So, if you’re interested in more information about registering for one of our will reviews, call for a review by David Frees of Doug Kaune.

Call 610-933-8069 and mention the FALL WILL REVIEWS OFFER to get one of the twenty-minute free spots.

You can also email Lisa at info@utbf.com or lsnyder@utbf.com

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Second Marriage Estate Planning: Using The Sprinkle Trust

Thursday, July 7th, 2011


There are many families blending children from multiple marriages. The children from these families often range widely in ages.

Parents I meet with often want to provide for only the younger children until they reach a certain age. Their belief is typically that the younger children have greater needs and should have the benefit of great financial assistance. When developing this plan we have to weigh the need to provide for the younger children against the desire to ultimately share the family assets equally among all of the children.

One suggestion is the Sprinkle Trust. This trust would be established under the will of the second decedent spouse. The trust, through a named trustee, would benefit only the named “younger” children until the youngest reaches an appointed age often in the early twenty’s. The trustee can pay for expenses for the named children’s health, support, maintenance and education. After the youngest child attains the appointed age, the Sprinkle Trust will then split into equal shares for each of the older and younger children. The assets after the split can either be paid outright to a child or can be maintained as a separate trust for each beneficiary.

The Sprinkle Trust is only one planning opportunity and is not one that solves the planning issues for all families. Second marriage planning can be very complex and should be reviewed with experienced planners and advisors.

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How To Avoid Family Drama

Saturday, June 11th, 2011

Is your will up to date?

Do you have the right clauses in your will?

Have you had children since you wrote your will?

If you do not have the correct clause in your will your children not named in your will may be short changed.

Did you marry or remarry recently?

Make sure you have the correct and most recent family designations in your will.

Find out more answers to these and other questions on why careful reviews and updates make your will work better by reading our blog Make Sure Your Will is Up To Date.

Also check out our Summer Offerings:

Free Summer Will Reviews Click here

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Pennsylvania Resident? Property Taxes Too High? Need A Property Tax Appeal?

Sunday, April 17th, 2011

Property Tax Appeals Can Lower Taxes of Over Valued Homes and
Commercial Real Estate.

Property Tax Appeals Neeed To Be Filed Soon

In this environment, many of our
clients in Delaware, Chester, and
Montgomery Counties believe that
their homes are now overvalued
for real estate tax purposes.

If you feel that you’re being taxed on
a value that’s simply too high
in today’s market you might be
wondering if such a property tax
appeal is right for you and what the
pros and cons of such an appeal might be.

However, you probably don’t want to pay someone to find out the answers
to those questions.  And you should know that……

…..Tax Appeal Deadlines Are Approaching
So Time Is Of The Essence.

For all of those reasons, my partner and I got together with
the partner who runs the section of the firm handling
property tax appeals – not just for big companies- but also
for individual homeowners.

And, we have made an arrangement with him to offer our
readers a free consultation.  That way, you can find out if the
appeal makes sense for you.

Our partner also assured us, that there is no fee to you,
unless you authorize him to pursue the appeal and, he
gets you a tax reduction.

So, if you think that you might benefit from a property tax appeal
and you want to get it done by a professional to maximize savings
without an up front fee, then read on.

We have created some resources for you and they are available
through:

www.PaPropertyTaxAppeal.com.

In the alternative, if you already want the appointment or
consultation please call Donna, Denise, or Beth and Mention
this code: UTBF TAX APPEAL to get your free consultation.

So, again, if you’re not a “do it yourselfer, ” you might just
prefer to have a free consultation that Doug and I have arranged
for our clients and our readers who want to know if a property
tax appeal would help you.

Finally, there is no charge to chat with one of our advisers
about your appeal, and there is no fee unless the property tax
appeal is successful.

So for the free report and more information visit:

www.PaPropertyTaxAppeal.com.

For an appointment to get things started at no cost to
you, just call 610-933-8069 and mention

UTBF TAX APPEAL

If you have any questions before or after visiting
www.PaPropertyTaxAppeal.com. then just call me,
Dave Frees, at 610-933-8069.

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Marcellus Shale – Neutral and Reliable Sources of Information

Sunday, April 17th, 2011

Has Marcellus shale changed the issues faced by your family?

Do you want or need better sources of neutral information on the
issues you now face?

Families with mountain property, vacation homes, and hunting camps
located in regions rich in marcellus shale gas deposits are now faced
many difficult decisions ranging from:

* How will the drilling and fracking effect use of the land?

* Restoration of the family land and related water issues

* How to own the land and pass on the land or gas revenues, and
many related issues

* The use of trusts and other tools to minimize expenses and
taxes

Penn State has been developing information resources for
Pennsylvania residents, government, and the gas industry.

For more information on Marcellus shale resource through Penn
State, click here.

The actual Penn State Site and Source for Marcellus shale information.

For information about free well water testing click here.

For More Estate Planning Options Related to Marcellus Shale,
call 610-933-8069 and mention Marcellus Shale offer code 2011
for a free estate planning consultation with one of  our estate
planning or business section lawyers.


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Should You Delay Your Estate Planning Until The Law Changes Again?

Sunday, April 17th, 2011

Delaying Estate Planing For Law Changes?  Does That Make Sense?

DO You Delay Other Acts of Love and Responsibility?

Gifts To Children and Grandchildren in 2011

Well, you’d expect lawyers who make
a living advising affluent clients
on issues of estate planning to be biased.

They’ll tell you to do it now.
Why wait?

Well, as it turns out, there are few good
reasons to delay and many great
reasons to get the job done now.

When done right, thoroughly, and with the right tools, estate planning
is, plain and simple, an act of love.  It really matters only if you want to
preserve your legacy and to make life better, and easier for those you leave
behind.

But I’m a trust and estate lawyer so you’d think that I would feek that way.
As it turns out, this reporter also thinks that way and review the issues
involved in effective estate planning and why delay makes no sense.

Click here for Delaying Estate Planning Is Never A Good Idea.

Want To Protect Your Spouse, Children and Grandchildren?

Call any time between April 15th and June 1st to get this
limited time Family Plan pricing.

For a limited time, now that tax season is over we will be offering
estate planning family programs.  You can get your own plan, a family
meeting (by phone or in person) and gift certificates for your heirs
to get their own estate planning done.

If you and one or more of your children and grandchildren live in
the state of Pennsylvania, this Family Plan Program might be
just what the estate planning “Doctor” ordered.

Want your spouse to stop worrying?  Want to protect your heirs
from divorce or lawsuits?

Want to mimimize taxes, trouble, and expenses if you die?

Want to make sure that your adult children do the same for your
grandchildren?

CALL 610-933-8069 and ask for David Frees to review your
estate planning and the terms of our Business Class, First Class
and Family Plan Estate Planning options

You can also email dfrees@utbf.com to request a free telephone
consultation or appointment to get one of the limited spots available
until June 1st.

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Landlords’ Reporting Requirements Relaxed

Thursday, April 7th, 2011

Many people use rental real estate as part of a diversified investment portfolio for growing family wealth. We explore the issues relating to the ownership of rental properties with clients as we are preparing their wills, trusts and financial power of attorney documents. We are privy to the concerns that these rental property owners voice to their advisors. On the top of the more recent concerns was 2010 Small Business Jobs Act.

Among other things, the 2010 Small Business Jobs Act required landlords to use Form 1099 to report a number of rental property expense payments equal to or greater than $600 made after December 31, 2010 and reported in 2012 and beyond. The requirement applied to virtually all landlords. Reporting requirements would have applied to payments to, among others, contractors, roofers, painters, plumbers, electricians, accountants and attorneys.

Luckily for some landlords in PA and throughout the country, on April 5, 2011 the Senate approved a bill (H.R. 4) to repeal the expanded landlord reporting on Form 1099. The next step is to President Obama for final approval of the repeal. As a result of the repeal of Section 2101 of the 2010 Small Business Jobs Act many landlords need not identify specific expenses for rental property expense reporting. Unfortunately, landlords with rental activities that are considered a trade or business would still likely have to report payments of $600 or more made to service providers.

We suggest reviewing the status of your rental activities as a landlord with your income tax professionals should this appeal be finalized.

You can contact Douglas L. Kaune, Esquire at 610-933-8069 or at dkaune@utbf.com to discuss the most advantageous way to own your rental real estate when considering lawsuit, divorce and creditor protections. We can also assist with the best way to integrate the rental real estate ownership into your will and trust planning. The UTB&F offices are located in Phoenixville, Malvern and West Chester PA.

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Can Estate Planning or Will Make Your Spouse Happy?

Sunday, January 16th, 2011

Many spouses express fear and grave concerns that they would not
know what to do if a spouse or loved one dies.  They are terrified
when you don’t have a will, trust, or estate plan and a list of
people and instructions to guide them.

And, if you are the primary bread winner and/or have responsibility
for handling finances or investments, then this fear and concern can
be even more profound.

And you, like many clients are justifiably so busy with work, paying
tuition, mortgages, and in some cases the demands of running a
business, professional practice, or corporation that you just can’t
find the time to get to a will, trust, or estate planning.

But, deep down you know that getting this done is a reasonable
request
by a spouse.

And, you certainly want to protect yourself, and your minor or adult children.
If you have just been waiting for a way to make this happen that is easy,
methodical and turn key then your wait is over. And the price is a fixed
fee.

David M. Frees III on Wills, Trusts, Estates and Estate Tax

Find our more about our risk free, simple, easy, and refreshingly effective
estate planning by clicking one or more of our programs:

Enhanced Estate Planning (TM) (for basic family needs) which
also can include our Elder Law Solutions for those facing nursing
home care.

Business Class Estate Planning(TM) (for those with businesses,
professionalpractices or more complex planning needs), and

Our premier First Class Estate Planning (TM) (for families
planning to pass on substantial wealth, complicated business or
real estate interest or for those with major philanthropic goals).

You can also schedule a risk free appointment for any one of these programs
or to find out which is right for you.

Simply call 610-933-8069 or contact David Frees at dfrees@utbf.com
and ask for your free materials and a no risk appointment with David Frees or
Douglas Kaune and mention the New Year’s Resolution Offer.

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