Wealth Preservation, Trusts and Estates

Have you thought about disinheriting a child or grandchild?
Do you intent to “write” an heir out of your will who might expect an inheritance?
Are you leaving one child more than another child?
Do you children have radically different needs and you are considering an unequal distribution or gift to your children?

David M Frees on disinheriting a child or grandchild and will contests

If you answer yes to any of these questions then your estate planning may not be as simple as you think. And, it is vitally important that you read this brief article and consider some of the options becasue all of these factors have lead and regularly result in will contests.

First, you may need an attorney that practices regularly if not exclusively in the area of trust and estates planning – a “will lawyer.” Why? Will contests can be expensive, time consuming and very disruptive to family relationships. An experienced lawyer will give you all of your options and will take precautions to ensure that your capacity is documented, that you wishes get carried out, and that family relationships can be preserved whenever possible.

Next, consider making a gift to a person who you might have initially left out of the will. This reduces the likelyhood that the omission will be viewed as a mistake. And, if you also include a special no contest clause in your will the party being given a gift has an incentive not to attack the document.

Such clauses typically provide that if a beneficiary challenges the will or trust, that they lose any gift to to them under the terms of the document. However, a child who is left nothing has no incentive to hold back and a contest is more likely.

It is also important to document that you have capacity to make the will and that you are not being influence by a family another member. We have a practice of asking a series of questions of each client, before the will’s witnesses to insure that the witnesses have an opportunity to verify that you know what you are doing, that all of the formalities are being observed, that the will is not invalid and that you are not under the influence of drugs or alcohol that might diminish your ability to understand everything that is occurring.

In this way, we can discourage will contest, and if they occur, we can minimize the lieklhood of success of the challenger and make sure that your wishes are actually carried out.

More to follow on avoiding a challenge to your will:
Consider a pour over will
Fund the trust
Coordinate with non probate assets
Get evidence from a doctor when desirable
Improve family communication
Consider a memorandum

David M Frees III practices in the areas of estate and trust planning and in representing
executors and trustees.

610-933-8069
Call Donna Brownback for an appointment or more information.
Mention the web site to receive more resources for clients and executors.

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Periodically clients ask “Do I even need a will?” And, you would expect a lawyer who drafts wills, and trusts, and asset protection plans in Pennsylvania to say yes. And, you should know, that I believe in the value of what I help people to do. And, I have seen many examples of little or no estate planning or outdated documents that just don’t work. When that happens, families spend too much money, pay too much in taxes or take to long to get the state administered.

However, just read this article on what happens when there is no will (or even a few paragraphs) and you’ll know why you need a will. Literally, everyone was fighting and even the lawyers were potentially suing one another – before an estate was even started.

The quick answer: Update your planning and make sure that you at the very least have a valid will. Anything less is an invitation for legal and tax problems that can often be completely avoided.

David M. Frees III, Esquire
610-933-8069
David’s practice is limited to representing executors and trustees and to
helping clients with estate planning, wills, trusts, and asset protection.

If you have questions involving other areas of the law ranging from
corporate issues to real estate or even about anything personal such as
an employment or injury claim we will help you, at no charge to find the right
lawyer within our firm or even outside of the firm.

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If you are an executor of a Pennsylvania estate, read this artcile before you hire counsel. The one thing that families, beneficiaries and executors all want is to minimize the costs of probate and even administering a trust or estate not subject to probate. Most firms still charge according to fee guidelines, or on an hourly basis. For many reasons, this may not be in your best interest. Find out more about flat fees for estate lawyers and probate.

David M. Frees III, Esquire
Chairman
Trust, Estate, and Wealth Preservation Section
David Frees’ AVVO Rating
610-933-8069

David M Frees III on Flat Fees For Estates

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This Post was Written by:
Douglas L. Kaune, Esquire
dkaune@utbf.com
610-933-8069

Joint bank accounts are often established by individuals with the hope of creating an account with one or more of the following beneifits:
probate avoidance, reduced inheritance taxes or as a convenient way to allow family member to write checks and pay bills.

Unfortunately there are numberous Medicaid/Elder Law Planning, estate planning and asset protection pitfalls that await those who have established joint accounts. Some common problems resulting from joint accounts are pointed out in this Elder Law Answers Article. Take a look at this article and be careful how you title your bank accounts!

This Post was Written by:
Douglas L. Kaune, Esquire
dkaune@utbf.com
610-933-8069

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