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

Archive for the ‘family relationships and esate 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-or if we do, they are out of date.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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Mediation of Will and Inheritance Disputes

Sunday, June 12th, 2011

How Well Do You Work With Your Brother Or Sister?

Are you inheriting a home or Pennsylvania real estate with your brother or sister?

Whether you answered yes or no imagine you and your brother inherit a parcel of land in Pennsylvania. Your brother thinks the parcel is worth more than the local real estate agent says it is worth. You want to sell the property but your brother wants to wait to get the unrealistic price.

What do you do?

There are a few important questions you need to know to understand your options as to what you can and cannot do with the property.

Two important questions to find out are:

1. How do you and your brother or sister own the property?

There are two likely ways that you could own it: tenants in common or as joint tenants. Both mean that each owns 1/2 of the property. But the law treats each differently so it is important to understand the meaning and ramifications of each  scenario.

2. What can you do if you do not agree on what to do with the home or real estate?

It may be possible to force a sale with respect to your half. In Pennsylvania, co- owners have the right to compel “partition” of the real estate.  However, mediation might be better since partition and forced sales don’t always produce the best results and could cause permanent hard feelings.

Do you need a good mediator to help you to resolve an estate or real estate matter? Call David M. Frees III as a neutral estate mediator or simply for more information about mediation and how it can preserve relationships and save on the costs of litigation.

610-933-8069 or email at dfrees@utbf.com

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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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Avoiding Pennsylvania Trustee Mistakes Part Ten of Ten

Friday, February 18th, 2011

Avoiding Trustee Mistakes - David M. Frees III

How To Avoid The Most common Mistakes Trustees Make

Failing To Do The Job Of Trustee

by: Pennsylvania Attorney David M. Frees III

This is the last in our series of brief articles about the most common  mistakes trustees make and how to avoid them. It is important to understand the language of the trust, to follow rules such as the Prudent Investor Rule, abiding by the Uniform Trust Act, to seeking professional assistance. Read these very brief articles to get a hold on your job as a trustee and how you can avoid personal liability and lawsuits.

See all ten of our articles on How To Avoid The Most Common Mistakes Trustees Make:

Avoiding Trustee Mistakes No. 1:  Trustees Failing To Understand The Trust Language

Avoiding Trustee Mistakes No. 2: Trustees In Trouble  Making Early Distributions

Avoiding Trustee Mistakes No. 3: Trustees Failing To Follow The Prudent Investor Rule

Avoiding Trustee Mistakes No. 4: Trustees Failing To Follow The Uniform Trust Act

Avoiding Trustee Mistakes No. 5: Trustees Failing to Follow The Principle And Income Act

Avoiding Trustee Mistakes No. 6: Trustees Failing to Communicate Properly

Avoiding Trustee Mistakes No. 7:  Failing to Properly Reform, Amend, or Terminate

Avoiding Trustee Mistakes No. 8: Failing to File Tax Returns Or To Seek Professional Assistance

Avoiding Trustee Mistakes No. 9: Failing To Understand The Role Of Multiple Trustees

Avoiding Trustee Mistakes No. 10: Trustees Failing To Do The Job

Call David Frees for trustee consultation to avoid liability as trustee of a Pennsylvania trust.

Offices are located in Malvern, Phoenixville, and West Chester serving the Main Line, Exton, Chester County and surrounding counties.

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Avoiding Pennsylvania Trustee Mistakes Part Nine

Friday, February 11th, 2011

Avoiding Trustee Mistakes - David M. Frees III

How To Avoid The Most Common Mistakes Trustees Make

Failing To Understand The Role Of Multiple Trustees

by: Pennsylvania Attorney David M. Frees III

One very big mistake trustees make is failing to understand their role as a trustee among trustees. It is important to understand what a trustee is and what duties and obligations they have so you can decide if being a trustee is right for you. You may not understand the ramifications of being a trustee. So, before you agree to be the trustee or if you are a trustee and you are in way over your head take a step back and revisit what a trustee is and what it means to be a trustee.  Avoid personal liability and lawsuits by having an understanding of your role in the trust administration process and if that role is the right fit for you.

See all ten of our articles on How To Avoid The Most Common Mistakes Trustees Make:

Avoiding Trustee Mistakes No. 1:  Trustees Failing To Understand The Trust Language

Avoiding Trustee Mistakes No. 2: Trustees In Trouble  Making Early Distributions

Avoiding Trustee Mistakes No. 3: Trustees Failing To Follow The Prudent Investor Rule

Avoiding Trustee Mistakes No. 4: Trustees Failing To Follow The Uniform Trust Act

Avoiding Trustee Mistakes No. 5: Trustees Failing to Follow The Principle And Income Act

Avoiding Trustee Mistakes No. 6: Trustees Failing to Communicate Properly

Avoiding Trustee Mistakes No. 7:  Failing to Properly Reform, Amend, or Terminate

Avoiding Trustee Mistakes No. 8: Failing to File Tax Returns Or To Seek Professional Assistance

Avoiding Trustee Mistakes No. 9: Failing To Understand The Role Of Multiple Trustees

Avoiding Trustee Mistakes No. 10: Trustees Failing To Do The Job

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Avoiding Pennsylvania Trustee Mistakes Part Eight

Friday, February 4th, 2011

Avoiding Trustee Mistakes - David M. Frees III

How To Avoid The Most Common Mistakes Trustees Make

Failing To File Tax Returns Or To Seek Professional Assistance

by: Pennylvania Attorney David M. Frees III

Too many trustees have been sued for failing to properly administer or invest trust assets under Pennsylvania law.

Pennsylvania has recently become more highly regulated from a trustee’s standpoint due to the Uniform Trust Act and The Prudent Investor Rule as well as the Pennsylvania Principal and Income Act.

All of this means more things for trustees to do and more opportunity for error and for lawsuits and personal liability. Sometimes asking for help is the smartest decision you could make.

Read this brief article about why seeking professional assistance can save you time, money, and headaches that a lawsuit could bring.

See all ten of our articles on How To Avoid The Most Common Mistakes Trustees Make:

Avoiding Trustee Mistakes No. 1:  Trustees Failing To Understand The Trust Language

Avoiding Trustee Mistakes No. 2: Trustees In Trouble  Making Early Distributions

Avoiding Trustee Mistakes No. 3: Trustees Failing To Follow The Prudent Investor Rule

Avoiding Trustee Mistakes No. 4: Trustees Failing To Follow The Uniform Trust Act

Avoiding Trustee Mistakes No. 5: Trustees Failing to Follow The Principle And Income Act

Avoiding Trustee Mistakes No. 6: Trustees Failing to Communicate Properly

Avoiding Trustee Mistakes No. 7:  Failing to Properly Reform, Amend, or Terminate

Avoiding Trustee Mistakes No. 8: Failing to File Tax Returns Or To Seek Professional Assistance

Avoiding Trustee Mistakes No. 9: Failing To Understand The Role Of Multiple Trustees

Avoiding Trustee Mistakes No. 10: Trustees Failing To Do The Job

Call David Frees for trustee consultation to avoid laibility as trustee of a Pennsylvania trust.

Offices are located in Malvern, Phoenixville, and West Chester serving the Main Line, Exton, Chester County and surrounding counties.

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Avoiding Pennsylvania Trustee Mistakes Part Seven

Friday, January 28th, 2011

Avoiding Trustee Mistakes - David M. Frees III


How To Avoid The Most Common Mistakes Trustees Make

Failing to Properly Reform, Amend, or Terminate

by: David M. Frees III

As a trustee do you need to have all the beneficiaries consent to amend the trust?

How does the trust I am managing terminate?

Many Pennsylvania trustees fail to reform, amend, or terminate when needed the trust properly. Learn how a trustee can gain everyones consent or if there are non-agreeing parties learn how to reform, amend, terminate anyway. Avoid making a mistake that will land you in hot water with the beneficiaries or lead to personal liability and a lawsuit.

We have researched some of the most common trustee mistakes so please take a moment to read this and other articles on  how to avoid trustee mistakes.

So, if you’re the trustee of a trust for a minor or even another adult read on to limit the chances of personal liability.

See all ten of our articles on How To Avoid The Most Common Mistakes Trustees Make:

Avoiding Trustee Mistakes No. 1:  Trustees Failing To Understand The Trust Language

Avoiding Trustee Mistakes No. 2: Trustees In Trouble  Making Early Distributions

Avoiding Trustee Mistakes No. 3: Trustees Failing To Follow The Prudent Investor Rule

Avoiding Trustee Mistakes No. 4: Trustees Failing To Follow The Uniform Trust Act

Avoiding Trustee Mistakes No. 5: Trustees Failing to Follow The Principle And Income Act

Avoiding Trustee Mistakes No. 6: Trustees Failing to Communicate Properly

Avoiding Trustee Mistakes No. 7:  Failing to Properly Reform, Amend, or Terminate

Avoiding Trustee Mistakes No. 8: Failing to File Tax Returns Or To Seek Professional Assistance

Avoiding Trustee Mistakes No. 9: Failing To Understand The Role Of Multiple Trustees

Avoiding Trustee Mistakes No. 10: Trustees Failing To Do The Job

Call David Frees for trustee consultation to avoid liability as trustee of a Pennsylvania trust.

Offices are located in Malvern, Phoenixville, and West Chester serving the Main Line, Exton, Chester County and surrounding counties.

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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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Want Estate Planning That Works Under The New Federal Estate Tax? It’s Time Upgrade To First Class or Business Class Estate Planning(TM)

Saturday, January 15th, 2011

Are you are a business owner or professional, a real estate investor or
entrepreneur who has been putting off your estate planning because
it’s too time consuming, costly, or complicated?

Have you been promising a spouse, children or other loved ones that
you’re going to “get around to” this but just never do?

Has it been more than five years since your last business and estate
planning?

Do you believe that the changes to the federal estate tax law will now
automatically protect your family and spouse?

If you answered yes to any one of these questions, then you’re probably
ready to hear about moving up from coach to a Business or First Class
Estate Plan(TM).

To us, that is planning that respects that you’re a busy person with many
people relying on you.  That you demand a high ROI from whatever you
are spending time doing,and that you need services that are efficient, with
limited or no risk and that will work to carry out your goals with a high
level of accuracy and at a reasonable price.

Well, you just don’t get that with a coach class ticket or a simple will.

My partner Douglas Kaune and I have developed a plan to help busy
business people just like you. To find out what we can do for you, and
to upgrade your estate planning from “coach” to our Business Class Estate
Plan or our First Class Business Plans(TM) call 610-933-8069.

Mention: Business Class Estate Planning to claim your no cost
and no risk consultation and flat fee pricing.

If you’d like to read a bit more about our
estate planning programs, click here

David Frees is a Pennsylvania lawyer with offices in Malvern,
West Chester and Phoenixvillle Pennsylvania.  His practice is
limited to trusts, estates, wills and probate and related matters
such as elder law and asset protection for your heirs.

He is a Super Lawyer and has been recipient of Main Line Today
Magazine’s Top Lawyer honor for multiple years.  He is the
developer of Business Class Estate Planning and First Class
Estate Planning (TM) which are both designed for families and
individuals who expect high return on their investment of time
and money and who want to pass on family wealth and
values.

He can be reached at dfrees@utbf.com or by calling 610-933-8069.

Mention Business Class or First Class Estate Planning for your no
obligation and no cost consultation.

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