Wealth Preservation, Trusts and Estates

Beneficiaries can use a qualified disclaimer to change distribution under a last will and testament after date of death and after probate in Pennsylvania (PA) and other states. 
A beneficiary can actually refuse all or a portion of his or her share of a decedent’s probate or non probate assets.  Click here for the technical requirements for a proper qualified disclaimer.  You might wonder, why would someone in their right mind refuse an inheritance?  There are actually great estate tax, inheritance tax and asset protection motives for discaiming assets in PA and throughout the U.S.  For example, if a wealthy individual is the beneficiary of his parents’ estate, he might choose to disclaim his interest so long as the contingent beneficiaries under the will are his own children.  This would allow for the estate assets to be distributed directly from grandparents to grandchildren and thereby skipping the son’s generation of estate and inheritance tax!!  This could result in tens of thousands or hundreds of thousands of dollars of tax savings.  I do not want to oversimplify this issue because there are many important considerations including, but not limited to, 1.  Making sure the contingent beneficiaries named or through intestacy are the desired recipients, and 2.  there is no generation skipping tax that results. This is an important post mortem estate planning option that should be discussed with your estate and probate lawyer in PA and other localities. Please call Douglas L. Kaune, PA Lawyer 610-933-8069 for additional information and consultation.
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 PA

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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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by Douglas L. Kaune, Esquire
Estate Planning & Administration, Wills,
Trusts, Asset Protection, Elder Law
Unruh, Turner, Burke & Frees
Phoenixville, Malvern, West Chester PA
Pennsylvania Attorney
dkaune@utbf.com PH: 610-933-8069
 A special needs trust (SNT) (or special needs trust provision in a Will or in another trust) is an important planning option if you are considering a significant gift to a beneficiary who is considered ”disabled” or “incapacitated” and either has or is likely to qualify for government benefits such as social security disability (SSI) or Medicaid.   Generally, the SNT or Supplemental Needs Trust is intended to supplement the government benefits at the sole and absolute discretion of the named Trustee, but you can review this link for some more indepth discussion of the trust options.
The SNT frequently comes under attack by the government entity providing the benefit.  It may be argued that the SNT should be expended for the care of the beneficiary and the government benefits be suspended until the Trust fund is exhausted.   It is our job to make sure that your Special Needs Trust stands up to the scrutiny.  One planning tip is naming multiple income beneficiaries, not just the “disabled” or “incapacitated” beneficiary.  This allows us to argue that the trust is not just for the beneficiary receiving the SSI, Medicaid or other benefit, but is also for these additional income beneficiaries.  Therefore, a complete expenditure of trust assets would be considered to “injure” the income beneficiaries and increases the likelihood that the SNT remains intact to supplement the needs of the intended beneficiary for his or her lifetime.  This is just one of many strtegies we employ to increase the success of these trusts.   We will be reviewing others in the weeks to come.
Please call or email me for further discussion on this and other estate planning topics.
Douglas L. Kaune
dkaune@utbf.com
610-513-2288

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by Douglas L. Kaune, Esquire
Estate Planning & Administration, Wills,
Trusts, Asset Protection, Elder Law
Unruh, Turner, Burke & Frees
Phoenixville, Malvern, West Chester PA
Pennsylvania Attorney
dkaune@utbf.com PH: 610-933-8069

We continue to receive inquiries from clients in search of ways to protect the assets they leave to their children and beneficiaries from divorce, law suits and creditors. Although clients protection from tax liability is of continued importance, asset protection in estate planning has grown in significance. Clients recognize that 50% or more of the assets left through their wills and revocable living trusts can ultimately be lost by their beneficiaries. We have continued to develop strategies for increasing the protection of the inheritance left to adult beneficiaries from loss to a divorcing spouse, plaintiff or other creditor. Take a look at the recent guide that I published on AVVO regarding the benefits of the Beneficiary Controlled Trust as an asset protection tool. This guide will help further explain a great asset protection strategy to employ under wills and revocable living trusts for inheritances left to beneficiaries of ages and abilities.

Please call or email me for further discussion on this and other estate planning topics.
Douglas L. Kaune
dkaune@utbf.com
610-513-2288

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Here is a great email I received. Funny, dangerous, and reason to be careful with that used mattress.

Protecting Family Assets (even mattresses)

David M. Frees III
AVVO Rating Superb! 9.5

610-933-8069
dfrees@utbf.com
Practicing in the areas of asset protection, protecting heirs from divorce and litigation, estate planning and representing executors and trustees in Pennsylvania

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This article was posted
by Douglas L. Kaune, Esquire
Estate Planning, Estate Administration,
Wills, Trusts, Elder Law
Unruh, Turner, Burke & Frees
Phoenixville, Malvern, West Chester
Pennsylvania Attorney
dkaune@utbf.com PH: 610-933-8069

If you are going through or have recently completed a divorce proceding, you should reassess your will, trusts, beneficiary designations, power of attorney, life insurance, medical power of attorney and living will. It is likely that all of these documents will need to be changed to insure that the proper beneficiaries, executors, trustees and guardians are named in the documents. For a more detailed list of the steps you should take to protect you, your estate and your beneficiaries after a divorce you can review this article.

Douglas L. Kaune, Esquire
Serving the counties of Chester, Montgomery, Delaware, Berks, Bucks and Philadelphia

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This is an alternative view on federal estate tax changes but be aware, not entirely accurate on the facts.

David M. Frees III
610-933-8069

Unruh, Turner, Burke and Frees have convenient offices
throughout the Philadelphia area and serve clients in
Chester County, Montgomery County, Lancaster and Berks Counties,
Bucks and Delaware County.

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Completing your Enhanced Estate Plan(TM) our proprietary process (often consisting of a Will, Power of Attorney, Advanced Medical Directive and one or more Trusts), is often viewed as the end of the process.

But, smart clients and estate and asset protection planners know that there is still a bit more to do.

I can hear it now, “No! How can there be more to do? I just spent all of this time and energy, paid a lawyer money and now he tells me that there is more?”

Actually, the remaining process can and should be simple. And, a good lawyer can help you with forms, suggestions and checklists.

But, taking the extra time to organize the documents in one place (we do that for you and even provide a legal binder), to draft memos, alert your executor or trustee of certain facts, make sure that the beneficiary designations are right, and to carefully store and preserve your passwords and electronic data, can save your heirs and family time, fees, money and energy.

Indeed, properly drafted memos and instructions can also avoid family disputes and more problems.

Read my article and the related Wall Street Journal piece on proper estate planning and organization by clicking here.

For more information for executors and trustees, order our great report on the 10 Most Common Mistakes Pennsylvania Executors Make and How To Avoid Them or our series of materials on Enhanced Estate Planning.

David M. Frees III, Esquire
Estate Planning, Trust, and Asset Protection Lawyer
Offices in Chester County and serving the State of Pennsylvania
David M Frees III, Esquire
David’s AVVO rating is Superb! Click here for more information.
610-933-8069

David Frees on Twitter: http://www.Twitter.com/davidfreesesq
David Frees on Facebook: http://www.path.to/FreesOnFacebook/
David Frees on LinkedIn: http://www.linkedin.com/in/davidfrees
Firm Estate Planning Blog: http://www.utbf.com/trust-estate
Executor and Estate Planning Blog: http://paestateplanners.com/blog

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If you are 70 1/2 or older there are new rules on required minimum distributions from your IRA. Just click the highlighted line to read more.

David M. Frees III
Pennsylvania Lawyer
Avvo Rated 9.4 Superb.

Visit our convenient offices serving Chester County, Montgomery County, as well as Lancaster County, Berks Delaware and Philadelphia Counties Just click for directions.

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Just a quick reminder that there were many changes in the tax laws for tax year 2008. And, to make sure that take advantage of any beneficial changes you should update the program and download any recent updates before preparing your return. For more, just click here to visit the Wall Street Journals article.
Brought to You By:
David M. Frees III
Unruh, Turner, Burke and Frees
Chairman of The Trust, Estates, and Wealth Preservation Section

P.S. Remember to check your beneficiary designations on life insurance, IRAs and 401(k)s to make sure that they are
coordinated with your will and estate planning documents.

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