Wealth Preservation, Trusts and Estates

Gift Tax Returns Are Due Now!

Gift tax returns are due by April 15th of the year following the gift. You must file a return if you have made a gift of a hard to value asset such as real estate or an interest in a closely held business. You may also need to file a gift tax return if your total gifts to any one person of more than $13,000.00. However, you might not owe any taxes if you’re married and your spouse will “split” the gift but you still have to file a return.

So, if you’re just reading this, in April, you may only have a few days or hours left.

That’s the bad news. However, the good news is that like the individual income tax return, you can file an extension to file the gift tax return and can file up until April.

Click here to link to the IRS for all forms and instructions.

Click here to download the gift tax return form 709 from my website www.PaEstatePlanners.com.

Click here to download the extension form 8892 from my website www.PaEstatePlanners.com

Note: An extension to file does not mean that payment is not due.

I hope that this is helpful. If you need help filing a return for a trust, or for a gift tax return, please call Donna, Denise, or Beth at 610-933-8069 and mention code: David Frees or 2010TAXES for a appointment with one of our tax lawyers.

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By: David M. Frees III, Esquire
Federal Estate Tax Uncertainty

The life insurance industry has a vested interest in how the federal government resolves the current estate tax issues. And as tax payers and consumers so do we. If you’re a Pennsylvania resident with assets including life insurance of over 1 million dollars, how this estate tax issue gets resolved may matter to you and your family. So, I thought that you might find this article published by the life insurance sales industry on estate taxes and the current uncertainty to be interesting. Click here to read more about these uncertain times in estate tax planning and what the insurance industry is saying.

David M. Frees III

Frees maintains law offices in Phoenixville, Malvern, and West Chester. These offices serve clients in many surrounding communities including Exton, Berwyn, Devon, and Collegeville

To update your will, trust, or estate plan to adapt to the uncertain situation with federal estate taxes, call Donna, Denise, or Beth at 610-933-8069 for an appointment. Mention this article and code Spring2010 for a complimentary initial consultation, and free books and reports.

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Why Having A Trust Doesn’t Eliminate The Need For A Will In Pennsylvania

If you have used a lawyer to prepare your trust, you will also find that a well structured estate plan will also contain a pour over will.

Why?

Many people pay the extra legal fees for a living trust so that they can place all of their assets into that trust and escape the need to probate a will. However, the mere fact that you have a trust does not eliminate the need for a will. In fact, a plan without a pour over will is a disaster waiting to happen.

If you have created a trust, your will is still the document that will control assets remaining in your name at the date of death. And, even if you are meticulous in changing the title and account names of all of your assets over to the trust, you may 1) miss an asset, 2) inherit or otherwise receive assets which do not get titled into the trust before your death, or 3) become involved in an accident or other lawsuit that results in an award being paid to you (or your estate) rather than your trust.

If that happens, and you do not have a will, you will then have a partial intestacy and the courts will decide where those assets go based on the Pennsylvania intestate laws.

And if you’re the type of person who wants his or her affairs to be organized so that your heirs have lower costs and simplicity, that is not a desirable result.

So what is the solution?

Make sure that your lawyer prepares both a living trust, and a pour over will. The pour over will is a simple document that instructs your executor (only if needed) to take any assets which remain in your name, and which have not been transferred into your trust prior to death, to be added to and distributed under the trust.

Simple. Inexpensive. And, your plan works.

Trust Warning For Living Trusts Purchased in The Last Ten Years:

P.S. Be sure, that if you have a living trust, that was prepared by a non attorney in the last few years, to consider having it reviewed. It may be fine. However, the Pennsylvania attorney general pursued a number of “trust mills” over the last few years who used non-lawyers – or vague references to lawyers that the consumers never saw. These trusts are often presented in customized binders but the documents themselves are very standardized and may not actually state your true intentions. To make matters worse, many of these trust documents are way too complex and might actually cost your estate money rather than save dollars.

Finally, due to a number of changes in the federal estate tax laws, your trust may be able to be simplified to remove estate tax references and techniques that you might no longer need and which might make your estate and trust costs higher for your surviving spouse or children.

You can have your estate plan reviewed by calling 610-933-8069 and mentioning this discount code for a complimentary consultation – Code: Frees2010.

David M. Frees III is a trust, estate, and estate planning lawyer with offices located throughout Chester County including law offices in Phoenixville, West Chester and Malvern.

These offices serve clients in Devon, Berwyn, Wayne, Exton and Chester Spring as well as many other communities.

David Frees is also the Chairman of the Trust, Estate, and Wealth Preservation Section of Unruh, Turner, Burke and Frees.
dfrees@utbf.com

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If you have ever been confused about when to use a will and when to use a revocable trust, you are not alone. I have just posted a video, and a great quick overview of that question of will or revocable trust on our estate planning site www.PaEstatePlanners.com.

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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IRA and 401(k) Distribution Rules For 2010 or How Do I Restart The Withdraws?

By:  Attorney David Frees with offices in Malvern, West Chester and Phoenixville, Pennsylvania

If you stopped taking mandatory IRA or 401(k) distributions last year you might be wondering if you can do the same this year.  The quick answer?  No.

Well then, the next question is: “If they only allowed me to skip distributions last year how do I start taking them again and are their any remaining effects from last years’s law change on how I calculate distributions?”

Again, for almost all tax payers, there is no change.  Your calculation method will be the same as before the 2009 one year change.  However, sinceyou skipped a year of withdraws, your calculation will be based on a larger number.  That’s it.  Fairly simple for a change.

However, there are two technical matters where you might need to pay special attention.

For more on how to calculate mandatory IRA distributions for 2010 see this brief article.

To update your estate planning for greater flexibility during these uncertain times, or for more information about the many options you have in using your IRA or 401(k) assets in your estate planning, call 610-933-8069 for an estate planning guide, or for an appointment.  Mention this code: 2010DavidFrees for a special discount and a frees cd of estate planning ideas to protect your heirs by David Frees.

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By David Frees Esq. “Top Lawyer” by Main Line Today Magazine.

Married couples often believe that signing a joint signature card at the bank makes those assets impervious to creditor claims in the event you are sued. And, while Pennsylvania law does offer some protection on joint accounts, you need to be careful and consider not only careful planning, but what you do after the account is opened.

For example, if a husband and wife own a joint account, and one of them gets sued, it is generally true that the creditors’ cannot get the joint asset. However, see this recent bankruptcy case that seems to say it is not just the signature card that matters but also what you do after the account is opened.

It is also important to remember, that if one spouse dies and the joint account becomes the property of a spouse who has been sued, then the creditors can again reach the account.

If you are concerned about your will, estate planning and/or asset protection please visit www.PaEstatePlanners.com for more free reports or call 610-933-8069. If you are a Pennsylvania resident, you can get a free initial consultation by mentioning this code: DavidFrees2010.

David Frees has attained the highest AVVO rating of 10.0 and has been selected as a Top Lawyer by Main Line Today Magazine.

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As fewer and fewer young Americans choose to enter into marriage, the issues of estate planning become more complicated. Since married couples in Pennsylvania benefit from a zero tax rate on inheritances, and on protections for the surviving spouse under the state intestate law, that do not exist for unmarried couples, making sure that you have done your planning is more important than ever.

For more information on estate planning for unmarried couple click here.

David M. Frees III
David Frees is a local lawyer practicing in the areas of trust, estate, estate planning and asset protection law. He has law offices in Malvern, Phoenixville, and West Chester. His firm is Unruh, Turner, Burke and Frees.

To update your estate plan, will, trust or living will please call 610-933-8069 for a consultation by phone or in person with David Frees. Pennsylvania residents can qualify for a free consultation and a reduced fee by mentioning this code: UTBF2010.

Communities Served: Malvern, Phoenixville, Downingtown, Exton, Collegeville, Devon, Berwyn, Ardmore, Wayne, Chester Springs, Edgemont, Willistown Township, Paoli, and many surrounding areas.

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By: David Frees
Wills, Trusts, Estate and Asset Protection Planning

Generally, the rule is that when you create a trust, and keep the right to receive assets from that trust, the trust can be reached in a lawsuit against you and will be taxed in your estate.

In recent years, several states, including Delaware, Nevada and Alaska have passed statutes purporting to allow you do get both tax and creditor protection without having to move assets off shore.

And, while these trusts have a number of restrictions, and downsides, the IRS has now issues a PLR – private letter ruling on these important issues related to an Alaska trust.

For more information on the IRS and asset protection trusts, prepared by David Frees click here.

For an appointment ranging from a simple will review and update to the more complex issues of trusts and estate planning, call David Frees’ office at 610-933-8069.

Mention this code (DavidFrees2010) if you are a Pennsylvania resident and receive a free initial consultation by phone or in person. Call 610-933-8069.

David Frees and Unruh, Turner, Burke and Frees maintain law offices in Phoenixville, Malvern and West Chester.

These offices service West Chester, Chester Springs, Exton, Phoenixville, Spring City, Collegeville, Downingtown, Malvern, Devon, Berwyn, and many surrounding communities.

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By: Trust, Estate, and Probate Lawyer: David Frees *

Now that we are a few days into 2010 it has become clear that the rules about the federal estate tax and the gift tax are anything but clear.

And with so much confusion, especially about the gift tax, I thought that a few basics might help to avoid costly mistakes.

Myth #1. The gift tax was eliminated on January 1, 2010 just like the estate tax.
Fact: Only the federal estate tax was eliminated. The gift tax remains intact and any gifts made this year are subject to the gift tax rules.

Myth #2. The amount that you can gift each year without tax (the annual gift tax exclusion) goes up every year.
Fact: Last year the exclusion amount was $13,000.00. This year, because inflation was so low, the amount will remain the same.

Myth #3. If you exceed that annual amount, then you owe gift tax to the government.
Fact: True and false. In addition to the annual gift tax exclusion, each person has an additional $1 million dollar lifetime exemption. This doesn’t get renewed each year but can be taken in years when you exceed the $13,000.00 dollars per person. There are also exceptions for college education and some health care expenses. So, provided that you file a gift tax return, you will not actually have to pay gift taxes until you both use up your $1 million dollar lifetime exemption and you exceed the $13,000.00 per persona annual limit (which may, from time to time, adjust for inflation).

Myth #4 Gifts are taxable to the recipient.
Fact: The giver cannot deduct the gift for income tax purposes and the gift is not income taxable to the recipient. Any gift tax due is the obligation of the person making the gift.

In short, the gift tax remains alive and well in 2010 and beyond. Make sure that you get good advice about gifting this year as part of your overall estate planning strategies.

David Frees
Wills * Trusts * Estate Planning * Asset Protection Planning
Law Offices in Phoenixville, West Chester, and Malvern Pennsylvania

For an appointment with David Frees to update your estate plan drafted more than 2 years ago, or to correct a plan drafted even more recently and containing federal estate tax planning call 610-933-8069

Note: In Pennsylvania, there are no recognized specialties, or practice areas.
When an attorney is referred to as a trust and estate or will and probate lawyer, this merely indicates that he or she confines or limits his or her practice areas.

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Attorney David Frees Presents Financial, Legal, and Lifestyle News and Tips

One of the best ways to safeguard the inheritance that you leave to the next generation, is through trusts. However, teaching children and grandchildren to be financially savvy is the true key to growing and maintaining family wealth across the generations. Here is a great and mature web site filled with up to date financial news and daily videos that I use to stay informed and as a teaching tool and resource for the kids.

For great financial news and resources visit www.Bloomberg.com.

David M. Frees III
Attorney David Frees has attained the highest AVVO rating of 10.0
dfrees@utbf.com
610-933-8069

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