Wealth Preservation, Trusts and Estates

If two PA Cases continue to hold, Your Joint Accounts Might Not Pass To Surviving Joint Owner. We have long believed in the sanctity of the contractual obligation created by a joint account designation. We believed that the joint account would pass automatically to the surviving joint owner regardless of what the decedent’s last will directed. This belief has now been drawn into question by two pennsylvania cases IN RE: ESTATE OF AMELIA J. PIET 2008 PA Super 72 and In re Novosielski, 937 A.2d 449 (Pa. Super. 2007).
Both of these cases have different sets of fact, but two separate Courts have come to the conclusion that where joint ownership was established after the signing of a will, the joint accounts would pass according to the decent’s last will and testament and not to the surviving joint owner. The Courts further stated that the initial presumption of the Multiple Party Accounts Act, pa 20 Pa.C.S. § 6301 that survivorship rights are established is rebutted by the existance of contrary provisions of a previously signed will.
PLANNING TIPS:1. We suggest that if you make a will and later transfer an account to joint names, you should make a contemporaneous writing that states your intention to make an account joint contrary to the will provisions. 2. You should also consider updating your wills to add a provision that states accounts made joint by you at a later date should not be distributed according to your will unless the joint account is the result of cohersion or fraud. 3. Executors should be careful to consider their obligation to pursue joint accounts being distributed contrary to a decedent’s will.

Please feel free to contact Douglas L. Kaune, Esq. any time at 610-933-8069 or dkaune@utbf.com to discuss your particular Estate Planning, Probate, Trust Planning and Elder law case to determine the appropriate planning for you and your family. Unruh, Turner, Burke & Frees is a full service firm with offices in Phoenixville, West Chester and Malvern representing clients in surrounding communities such as King of Prussia, Collegeville, Royersford, Paoli and Frazer.
Wills * Trusts * Elder Law * Probate * Asset Protection * Power of Attorney * Estate Planning

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.

Are you considering making end of year estate planning gifts to children, grandchildren or great grandchildren?

Curious about how much you can give without paying gift tax? This brief video tells you how much you can give without paying taxes.

Want to avoid the mistakes that people make that can actually cost your heirs money?

Need to know whether or not you need to file a gift tax return? Click here to get your answer to the question “How much Can I Give Without Filing A Gift Tax Return?”

I just published an article on The Five Most Common Mistakes that People Make with End of Year Estate Planning Gifts, and How to Avoid Them. Be sure to read this article and the two additional artciles on gifting that will be published in the next few weeks.

Make sure that your gifts work, that they count, and that you maximize them without making some of the horrible mistakes that can cost your heirs dearly. Read: End of Year Gift Tax Mistakes and How To Avoid them.

David M. Frees III
Offices: West Chester, Phoenixville, Malvern
Serving Chester County, Montgomery County and
All of the Counties in the Greater Philadelphia Area

For appointments call: 610-933-8069
dfrees@utbf.com
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