By: David M. Frees III JD

Has it been a few years since you last updated your will trust, or power-of- attorney?

Are you unsure that your IRA and 401k beneficiary designations still work with your will and trust?

Has an executor, guardian or trustee changed?

Need to make a change in the document?

Have you radically increased or decreased your life insurance coverage, retired or recently inherited money?

Tired of guessing how much it should cost and where to go?

Getting a will, Trust or Estate Plan

We have recently developed a quick quiz to let you know if you’re ok, if it’s time to update or upgrade, or if your situation is urgent.

After you take the quiz, this article will also tell you:

What you need to do,

How much it will cost, and

How and where  to get it done.

The advice ranging from using Legal Zoom, to hiring a local general practice firm, to getting the right level of legal experienc for your particular situation is spefically responsive to your ciustom score and your particular needs.

Whether you have

Children or grandchildren,
A family or other business,
Commercial real estate,
A home or vacation home

This valuable quiz and estate planning assessment tool will help you to answer your most pressing estate planning questions.

Interested?  Just click here or click below:

Dave!  I’m interested in getting a will or updating a will or estate planning documents and I’d like more information about my estate planning situation.

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If You Have A Clear Desire To Leave
A Legacy and To Protect Your Heirs
You Need Your Estate Plan or Will To Be Clear,
Loud, and Effective.

If You Want Yours To Actually Work, Then Here
Are The Must Know Strategies and Steps To Ensuring
That Your Plan is Clear and Really Works…

Estate and Trust Attorney - David M. Frees III

Really?
Most Wills and Estate
Plans Don’t Work?

True.

Most people, even many
wealthy people, don’t even
have a will.  And, of those
who do a will, most will fail
to carry out their wishes.

Why?

Because they fail to take the few additional steps
and the couple of extra steps that really make the
difference.

These steps to success aren’t a secret.

But they are unknown to many people and in many
cases, to their lawyers.

So if wills and estate plans don’t work, why bother?

It’s not that wills don’t work. They can and do.

It’s just that most people (even many affluent people)
don’t take the time, or spend the tiny bit more money
to make them work properly.

They just need a few strategies and a
few extra hours of time to make the plan  work
many times better, to save more money, and to
create much more effective protection.

And, to make matters worse, many people, and/or
their advisers often ignore the important step of
getting clear about what they want, who gets what,
when they get it, how they can use it, and how these
assets can be protected.

Finally, even if they take these steps, they often fail
to coordinate how they hold their wealth and assets with
what the lawyers and advisers have done in the estate
planning documents.

This article presents a brief review of some of the essential
strategies, and the specific steps designed to protect your
heirs from losing their inheritance to taxes, divorce,
frivolous litigation, fees and estate expenses.

Take just a few more minutes to read this article and
I can guarantee that you’ll be a much better consumer
of estate planning services, and that you’re estate plan,
will or trust will be many times more effective.

Let’s get started.

Do you have a business, stock ownership, a second home
or other assets that you want to leave to others or to a charity
as a legacy of your time and effort throughout your life?

Do you have a son in law or daughter in law that
has values that differ from your own?

Have you ever worried that a son or daughter might
get divorced and lose an inheritance to an ex spouse?

Do you care how and when your heirs and beneficiaries
get the assets?

How they are protected from lawsuits,
taxes, divorce and creditors?

Even if you think that you don’t care because your gone
when your kids inherit these assets, do you have any desire
to protect assets and wealth for grandchildren, charity or others?

So, if your definition of a successful estate plan is one that
protects your heirs from losing their inheritance, from taxation,
from will contests, legal expenses, and from other risks, then
you’ll want an estate plan that really works.

So what are they key strategies and steps to a successful will,
trust or estate plan?

Strategy #1  Get Clarity First -
About Your Assets and Your Wishes

This will save you time, money and, when coupled with
the right estate planning documents and your voice, will
send clarity to all involved.  It’s the opposite of mumbling.

This sounds simple and obvious. But, I have had 8,000 clients
over 25 years and I personally still see hundreds per year.
And more often than not, they come to me before they figure out.

As you can imagine, that’s not good for them and it’s hard for
us to create a plan that does exactly what they want when they
haven’t even figured it out.

And, if your married, this involves clarity and a uniformed vision
of two minds not just one. And, anyone married beyond the
honeymoon knows that agreement on all of the issues of estate
planning doesn’t always come easy.

So what’s the solution?

What are the specific steps you need to take?

First get a net worth statement together. Know what you have,
how you own those assets, and what they are worth.  With the
right kind of guide, this isn’t as hard as it sounds. And, it’s essential
information that any effective estate planning lawyer will need
to do the job for you.

And if you want a great estate planning tool, download my
Estate Planning Questionnaire or order my Definitive Guide to
Enhanced Estate Planning (for this guide, call 1-888-349-5016)

Second, married or single, start with your personal set of estate
planning goals.  Be clear about what you want.

How do you get clarity?  Ask yourself these questions.

What legacy do you want to leave?

Who gets what?

When do they get it?

Are there restrictions on the uses of such an inheritance?

Are you worried about divorce or lawsuits?

Do any heirs have special needs?

Do you have charitable intentions?

Are just children included or are there
direct gifts to grandchildren or others?

Do you have a charitable intent?

Who are the executors, trustees, guardians,
trust protectors, and other fiduciaries?

Are they the right people or institutions?

What do they have to do?

Now, if you’re married, you have to work with your
spouse to meld these two – often very different
sets of goals, aspirations, and if there are children
from multiple marriages, or a blended family, then
the issues are even more complicated as
both spouses will want to protect one another and their
children by this and/or prior marriages.

That brings us to the next and final step.

Strategy #2 Get the right attorney.

So how do you do that?

Start again by asking the right questions.

Most people want an attorney who is local and
convenient.  But, if all other factors aren’t met you
can often find an attorney who is right for you within
a thirty to forty five minute drive.

This extra investment of time should pay real dividends.

How?

Most lawyers don’t have extensive experience in estate
planning.  A general practice lawyer might be right for a
young couple just starting out.

But when you have a family
business, when you’re a n executive, a business owner,
or when you have extensive assets, vacation homes, or
hard to value assets, then more experience may be called for.

One of the best ways to find the right lawyer is to get a referral
from your own lawyer, accountant, or other friends or family
members with situation similar to your own.

In fact, most of our clients are referred to us by their lawyers,
affluent or wealthy friends, family members, or other advisers.

Of course, it’s great when someone who you trust
(or even more than one) gives you the same name and a glowing
legal recommendation.  That’s a great place to start.

Consider calling that lawyer for an appointment, but be sure
to ask if there is a consultation fee for the first appointment.
Many good lawyers offer low or no fee initial consultations.
But many good estate planning lawyers also charge.  It’s just good to
know in advance.

But, if you don’t get a clear referral, or, if you want to know
more about the lawyers in your area, then you can also use lawyer
rating services like www.Avvo.com or Main Line’s Top Trust and Estate
Lawyer Designation or SuperLawyer designation.
You can click those links to see a sample of my profiles at those sites
or to search for other lawyers with those ratings.

Finally, it might also be helpful, or reassuring to Google some
of the estate planning questions, and issues that are important to
you.

Does a law firm or lawyer in your area or community consistently
come up in the search results?

Do they offer great and informative information?

Do they represent other clients like you?

Do they have experience with special needs trusts (if you have a
child or grandchild with a disability or special need)?,

Are they experienced in the tools and techniques of wealth transfer,
such as gifting, GRATS (if you own rapidly appreciating assets),
Qualified Personal Residence Trusts
(if you have a vacation home or valuable primary residence),
ILITs (if you have or plan to buy life insurance)?

And, if this sounds too complex, don’t worry.

You may not need or want any of these particular tools.

But, what you do want is a lawyer
who knows all of the options.

Once you learn them, then it’s up to you to choose what
your estate plan looks like and how it works.

You want a lawyer that can discuss these options.

These are a few of the ways to make sure that you have clarity,
and get the right lawyer to help you and a spouse (if you’re married)
to devise a clear estate plan and the documents to carry it out.

Finally, you need to go the extra mile to make sure that your
plan is clear, that it works, and that it is designed to save your heirs
time and money, and if desired, that it also protects them
from lawsuits and divorce.

This means hiring a lawyer or law firm that will help you
to coordinate your assets and to structure your affairs to match
and to compliment the documents, tax clauses, wills and trusts
that make up your estate plan.

You’re also going to want a lawyer that can coach you on:

how to avoid will contests,

how to create estate planning memos

how to hold family meetings when explaining the plan,
the trusts, and the strategies is desirable.

There’s more to great estate planning than this, but if you follow these steps,
you’ll be well on your way to creating a successful, powerful, and
effective legacy and avoiding the will contests, taxes and litigation
that often results when families fail to plan.

Strategy #3 Take Action, Get It Done and Feel Better

Don't gamble with the future of your heirs - Get The Estate Plan Done

So stop saying “I’ll get to it tomorrow or
next year. ”

Get your planning done right and you’ll
make your spouse and heirs very happy.

You’ll check it off of the long to do list
and you’ll feel better – much better.

For more of our free reports, a free copy of our
Enhanced Estate Planning Questionnaire, or information about
Family Meetings call 1-888-349-5016.

David Frees Chairs The Trust, Estate and
Wealth Preservation Section of the firm.

He can be reached by email at dfrees@utbf.com
or by calling 1-888-349-5016.

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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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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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You may think that if you already have a will or trust you do not need an estate planning memo. But the truth is a will alone often is insufficient to provide your family or loved ones with the crucial information, documents, and instructions for what to do after you are gone. And if you have gone to the trouble of creating a will or trust to minimize or to eliminate fees, and taxes its important to take the next step to make it work effectively.

So what is the next step?

A personal Estate Planning Memo.

An Estate Planning Memo of instructions often includes information about funeral and burial arrangements, important family records, the location of your estate plan including your will and other legal documents, financial records, safe deposit box information and more.

As an example, in cases of wills with trusts for children and or grandchildren you might want to give the trustee non-binding background information on distributions to children.

Do not leave your family or loved ones to figure out where important documents, legal and financial information, and last wishes are located and what they mean.

Leave a Memo explaining what to do, how to do it, and where the information they need is. It will often eliminate and reduce fees and costs.

Your surviving family or loved ones simply have to follow the instructions and will have all the information they need in order to effectively and efficiently settle your estate.

Make an Estate Planning Memo of instructions and not only will your family or loved ones benefit when you are gone but you will benefit by having this Memo for your records of where all your documents are, what all your important policies are, and other critical information at your finger tips instead of all over your office, or in desk drawers, or even in bins in the basement.

We have learned over our many years of experience that an Estate Planning Memo, along with a comprehensive estate plan, can save your estate and your loved ones money, time, energy, and cut down or eliminate family disputes.

Read Do You Have a Memo With Your Will or Trust? on what to include in your Memo.

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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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Gifts To Children and Grandchildren in 2010

If you made a gift to a child or
grandchild in 2010 you must file
the return or an extension by April 15th.

Once the extension is filed, you have until
October to file the return.  However,
extensions do not automatically extend
the time to pay the tax.

So, if your gift created a tax (it was
more than the annual exclusion amount
and/or you previously used your lifetime
exemption, you may have a tax laibility.

You should also consult your tax preparer or estate tax adviser if you
made gifts to grandchildren or great grandchildren (or to a trust)

which might require a return to allocate the generation skipping
transfer tax exemption.

For questions about gifting in trust or outright to your
family members, please call David M. Frees III
610-933-8069

Are You Married?
Does Your Wife Want You To Get A New or
Revised Will for Her Birthday or Mothers’ Day?

Don’t take our word for it.   ASK HER.

You might be surprised by how easy it will be
to make her happy this year.

Book your appointment now to get your
planning done before mother’s day and
she’ll also get some flowers from you – on
us.  Call 610-933-8069 and ask for our
Birthday or Mothers’ Day Planning Offer.

You can also call David Frees at 610-933-8069
or email dfrees@utbf.com to get an
appointment and to qualify for this
special arrangement.

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The federal estate tax is currently not in effect.  However, it will return at rates and in amounts
that have not been seen for some time.  As of January 1, 2011 the IRS will be taxing all estates
of over 1 million dollars at rates of 42% to 55% depending on the size of the estate.

However, five billionaires have died since the federal estate tax was eliminated at 12:01 on January 1st 2010.
and as a result, their families will likely owe no tax as opposed to more than half of the estate value.
Since the federal estate tax ranges (when it is in effect) from a rate of 42% to 55% the federal government
has failed to collect billions in tax that it might otherwise have charged the billionaires’ estates.

The the deceased billionaires include, among others,  Mr Bell, the founder of Taco Bell, George Steinbrener, who
needs no introduction, and philanthropist and media billionaire Mr John Kluge.

The Federal Estate Tax and Billionaires

Kluge, who was well known in media circles, was the oldest member of the Forbes 400 Richest List
and had a net worth estimated to be in excess of $7 million dollars.

For more information on the federal estate tax click here.  For more information on Mr. Kluge, see the
The New York Times which carried an article on Mr. Kluge as well as USA Today, The New York Daily News, and
CBS news.

So short of dying in 2010 what do you need to know and to do before the tax is imposed on your family?

First, stay informed.  When you register for any one of our reports, you’ll be added to a list of smart consumers and you’ll
receive updates through our articles on what Congress is doing about the federal estate taxes. You can also peruse our articles, blogs, videos and checklists
that we provide at www.utbf.com/trust-estate and www.PaEstatePlanners.com.

Next, understand that even if your wills are designed to save on Federal estate taxes, they may no longer work properly and you might need to do more planning
to be prepared for 2011.  Just get advice that applies to your situation.

Finally, be an informed consumer about the options and planning techniques often used by those with larger estates but which might also work for
families with more modest affluence who will be taxed after January 1, 2011. Click here for a selection of our reports for executors, trustees, and those doing estate planning.

David M. Frees III has been awarded the AVVO lawyer rating services highest rating of 10.0 – Superb.

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

dfrees@utbf.com

610-933-8069

Law Offices In Malvern, Phoenixville and West Chester

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Frees has received AVVO's highest ranking of 10.0 Superb

The Houses Passes A New 10 Year GRAT Requirement

On June 15th, the US House passed H.R. 5486 (a “jobs bill”) that contained a requirement that GRATS (Grantor Retained Annuity Trusts) be for a term of at least 10 years.

As readers know, we have been promoting and using GRATs for many clients as a way or moving large increases in wealth without triggering significant gift taxes.

GRATs are often used by clients with rapidly rising stock values, real estate, or other assets with a high probability of significant growth.

The government now views this technique as being just too good for the tax payer and is attempting to restrict it’s use to raise additional revenue.

The main purpose of H.R. 5486 is not, of course, to modify the GRAT rules. It is instead intended to create small business tax relief.

However, as mentioned, GRATs have proven to be a highly efficient technique for transferring wealth while minimizing gift taxes, provided that the grantor survives the GRAT term and the trust assets do not depreciate in value. And, taxpayers have become skilled at maximizing the benefit of this technique, by minimizing the term of the GRAT (thus reducing the risk of the grantor’s death during the GRAT term). Many clients use a term as short as two years.

Under the current bill, now also before the Senate, the minimum term would be ten years. This, of course increases the risk that the grantor might die during the term and the benefit to the family would be lost.

So, while the GRAT will remain a valuable planning tool. The days of the short term GRAT might be limited. If you find yourself moving toward a public offering, a land development plan or some other planning that might produce large value increases, be sure to consult your legal and tax advisers about all of your options in the face of this pending legislation and the appearance that it will pass both houses.

David Frees III, Esquire

David Frees writes on GRATs and other sophisticated estate planning techniques and actively helps affluent families and individuals in Pennsylvania to implement sophisticated estate and estate tax planning.

For more information on GRATs and related estate and asset protection planning call 610-933-8069. Law offices in Phoenixville, Malvern, and West Chester Pennsylvania.

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And, if we do help you with your estate plan, and the law changes within a few weeks or even six months, then you will not pay for a second round of estate planning. We guarantee, that there will only be a small charge to re-execute your new wills.

So, if you need to revise, or update your wills because of a move, a death in the family, marriage, divorce, new children or grand children, or because of an inheritance, or other changes through time, then please call Mrs. Brownback, or Mrs. Fox at 610-933-8069 or email dfrees@utbf.com to make an appointment with me. If you mention this article, you will also receive a new CD we have produced on Enhanced Estate Planning to protect your children and grandchildren from divorce and lawsuits.

David M. Frees III

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