How do I know that it sounded silly?

This is a suggestion for a resource sent to me by one of my sons when he read the draft of the title-

“Get a battle team then when hordes of marauding lawyers attempt to raid your party you can fight them with karate and such techniques.”

Well Josh, true enough. But I really do have some great resources for the readers that don’t maintain “battle teams.” but who want to avoid financial fraud and marauding hoards of lawyers.

I have always maintained, that an estate plan that focuses only on what happens to your assets when you die is, while important, a boring estate plan and one not likely to be of much help to you and your family while you’re alive.

For that reason, many of the resources and ideas we provide are designed not only to help you with your will and trust, but also to help you to build, protect and to maintain your assets and your lifestyle.

In that vein, I recently came across a new government blog site that seems to have some great information for consumers.

In this installment, I have selected a few resources for you related to avoiding financial fraud.

Just click the links below for more on each topic related to protecting yourself from financial fraud:

Notices and information about types of fraud

Protecting yourself from identity fraud

Protecting Yourself from tax fraud and other types of fraud

How to report fraud

Keep an eye out for more installments of resources to build and protect your assets and your estate plan right now.

Attoeny David M. Frees III - Protecting Yourself from Consumer Fraud

David M Frees III is an attorney with law offices in Phoenixville, Malvern, and West Chester Pennsylvania serving the communities of the Main Line as well as the West Chester, Exton, Downingtown and surrounding areas.

Frees is a partner of and Chairs the Trust, Estate, and Wealth Preservation Section of Unruh, Turner, Burke and Frees – Telephone and in person consultations are available by calling 610-933-8069.

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If you have a will and it’s more than a few years old, you may have to have it reviewed because of the volatile situation with the estate tax. However, if you have never done a will it may be time. Most people don’t realize, that when they fail to create and to properly execute a will, that the state of Pennsylvania will do one for you.

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

The failure to have a properly executed and legal will at the time of death makes you INTESTATE under Pennsylvania law. And, if you die intestate, the state automatically answers the following questions:

1) Who gets your estate – it may not be who you think.

5) Who gets to be the administrator (the executor under a will) – and there are classes of people who may not be qualified and who might fight about who gets to do it (again, think legal fees and administrator fees).

If you’d rather be in control of these and many other issues, thn completing and executing a valid will and/or will and trust is essential.

That process can be easy and inexpensive when compared to the high costs that often result from intestacy.

For a limited time, Unruh, Turner, Burke and Frees are offering a free will review or, if you have never had a valid will or trust, a free will consultation. And while there would be fees for completing an estate plan (including a will, power -of – attorney and medical power as well as a living will) there is no charge for the review or consult and there is no obligation on your part while this offer lasts.

To claim a free will review or a free will consult call 610-933-8069 and mention offer code: DaveFreesWillReview. Donna, Beth, or Denise will be happy to schedule you.

Estate and Trust lawyer David Frees on No Will and Will Updates

David Frees maintains law office in Malvern, Phoenixville, and West Chester serving the 19355, 19460 and many surrounding zip codes and communities such as Devon, Exton, Chester Springs and others.

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Frees has received AVVO's highest ranking of 10.0 Superb

For the next few months, there is no federal estate tax. Many states ( including Pennsylvania) still have an inheritance tax, and the federal gift tax laws remain in effect. But soon, estates of more than 1 million dollars will be subject to the federal estate tax with a starting marginal rate of 42%. The top rate (after January 1st 2011) will be 55%.

Opponents of the federal estate tax call it the death tax. And those who support the death tax call the opponents shrewd liars (click here for the recent estate tax piece in the Atlantic)

But, interestingly enough, in an article where the author calls opponents of the death tax “liars” he also distorted the truth. In the Atlantic article, the author claims that the first $3.5 million dollars of each American’s estate will be free from tax.

But, unless Congress acts soon, the tax will start after the first $1 million dollars and that will include insurance and retirement accounts as well as the value of your home.

We’d like to know what you think about the federal estate tax? Please leave a comment below and tell us what you think.

And, if you have questions about the Pennsylvania Inheritance Tax, or concerns about the Federal estate tax and what to do about it, feel free to post them below in the comment section or to email them to dfrees@utbf.com

David Frees, Esq. helps affluent families and individuals to achieve their estate planning goals and objectives in the areas of will, trusts, estate tax and inheritance tax planning. The firm also works with clients facing nursing home and elder law issues.

The firms offices are located in Malvern, Phoenixville, and West Chester and serve many surrounding communities such as Exton, Berwyn, Collegeville, Downingtown, Devon, Wayne and others.

For a complimentary appointment or phone conference call 610-933-8069 and mention PAEstatePlanners to qualify.

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David M. Frees III on Legislation and GRATs

So, if this bill, or a similar bill passes the Senate, a very powerful technique for moving assets from one generation to another without estate or gift taxes will be lost to the American tax payer and to all Pennsylvania residents doing federal estate tax planning.

If you’re interested in GRATs, just search our site for the many articles and information that we have published on this topic. But, as a brief review, GRATs allow you to move a higly appreciating asset out of your estate without paying gift taxes. However, if you die during the GRAT term (which currently can be as little as two years) the assets come back into your estate and get taxed at their current value.

Congress believes that this technique is so effective for tax payers, that if they eliminate short term GRATs, that it could result in significant revenue generation through higher estate taxes.

According to a group called Citizens for Tax Justice, this provision of the bill would raise an estimated $4.5 billion in 10 years…” This group is a lobbying organization that describes its mission as “requiring the wealthy to pay their fair share.”

So, be aware that 2010 may be the last year for the short term GRAT.

If you need assistance in setting up a GRAT, or want to know more about the many advantages of a short term GRAT before they are eliminated by Congress, please feel free to visit this site or to call David M. Frees III at 610-933-8069 or by email at dfrees@utbf.com.

For a free book on GRAT techniques, from Bernstein’s research group, click here.
For a free telephone consultation or appointment for estate planning including GRATs call Donna, Denise or Beth to set up the appointment and mention offer code: GRAT

David Frees and Unruh, Turner, Burke and Frees maintain law offices in Malvern, Phoenixville, and West Chester Pennsylvania and serve many surrounding communities including Wayne, Devon, Berwyn, Radnor, Exton, Chester Springs, and others.

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David M. Frees III on Wills and Revocable Trusts in Pennsylvania

Click here to watch the video and read the brief checklist on wills vs. trusts in Pennsylvania.

This brief video and article will walk you through the big issues related to the question of whether or not you need to spend the extra money for a revocable trust in Pennsylvania. There is also a video and a link to another great article on the trust question.

David M. Frees

For an appointment with David Frees for a revocable trust, a will, or a power of attorney in Pennsylvania please call Donna, Denise, or Beth. To make sure that you receive a discount and an initial consultation at no charge mention this blog and offer “DavidFrees 2010″ when you call.

You can also reach David at 610-933-8069

David Frees is a trust, estate, and asset protection lawyer with offices in Malvern, Phoenixville, and West Chester, Pennsylvania that serve many surrounding communities including Malvern, Devon, Berwyn, Wayne, Chester Springs, Phoenixville, and Exton as well as many others in the area.

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Frees has received AVVO's highest ranking of 10.0 Superb

Many wills and trusts are drafted to leave the maximum amount that can pass tax free to children or other heirs and the balance to the spouse. However, thanks to the failure of Congress to act, the estate tax has lapsed effective January 1, 2010.

This type of planning is especially common with our wealthy clients and also very common in cases where clients are in second marriages with children from prior marriages.

However, you should be sure to check your estate planning documents given this unexpected change. If the formula results in either too much going into trust, or in disinheriting a spouse, this will create undesirable results, and may result in numerous will challenges.

Click here to see the Wall Street Journal review of this important estate tax issue for married couples.

David M. Frees III - Trust, Estate and Asset Protection Planning Lawyer*
610-933-8069

* Note, that in Pennsylvania, there are no professional designations for lawyers. The use of the expression trust lawyer or related topics merely indicates that the lawyer or attorney focuses his or her practice primarily in those areas of law. As a consumer, it is important to ascertain the level of experience that the particular attorney has in any area of law including trust and estate planning, asset protection, and probate law, and estate and trust administration.

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