David M. Frees, III Phone: 610-933-8069
120 Gay St, Phoenixville, PA 19460
Douglas L. Kaune

Posts Tagged ‘trust lawyer’

Estate Planning and Wills – It Has To Be Easy

Saturday, August 27th, 2011

Estate Planning Seems Hard, Costly, and
Time Consuming?

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-or if we do, they are out of date.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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Do You Have a Trust and Is It the Right Trust?

Sunday, May 8th, 2011

If you answered no you need to read our trust guide How to Find the Right Trust for You to see what you are missing.

  • There are trusts that help you and your estate save money in taxes.
  • There are trusts that help you care for a loved one with special needs.
  • There are trusts that can take care of your pets when you are gone so you do not have to burden your family or friends.
  • You name it and there is a trust for it.

The reason there are so many trusts are that they can do so many different useful things.  And, almost no two people want or need exactly the same trust provisions.

If you answered yes you still need to read How to Find the Right Trust for You to make sure you have the best trust or trusts set up to do exactly what you want them to do. You may also learn that there are more trusts than you realized and they have many different purposes. You may find out that you could use a trust for something you did not even know you needed or something you did not realize a trust could be used for.

Take advantage of this trust guide to start understanding what a trust can do for you.

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Why Do People Hate Most Trust Lawyers?

Friday, April 29th, 2011

Lawyers, like doctors and other professionals, habitually use language that is practically impossible for many of us to understand. They use language familiar to them but sometimes forget that it may be unfamiliar to you if you do not work in their field of trust and estate law.

So how are you supposed to get what you want from a trust lawyer if you can’t understand what they are talking about or, worse yet, what if they aren’t really understanding exactly what you want in your will or trust?

All to help you, we have written a handy guide to some trust language you may hear from your lawyer or written in documents you have or have been given. With this guide you should be able to ensure you get what you want at the best possible cost.

A trust can be a valuable resource in your estate planning and asset protection. Unfortunately, a trust can also be complicated by state and federal regulations, codes, and statutes.

Un-complicate trusts.

Understand trusts.

And, get a head start on understanding your trust lawyer so you can make sure you get what you want.

Click here to read A Guide to Lawyer Language: Understanding Trusts

If you already know exactly what you want your trust to do, call 610-933-8069 for an appointment. You’ll also receive a free CD of important estate planning information and other resources before your appointment by mentioning the offer: Trust Guide if you call or email.

You can also email David Frees at dfrees@utbf.com for an appointment.

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What Type Of Trust Is Right For You?

Sunday, April 24th, 2011

A Trust Guide - David M. Frees III

Have you heard other people talk about trusts or have you thought about incorporating a trust into your estate plan or asset protection planning but are not sure where to start.

We have written this trust guide, How To Find the Right Trust For You, which  explains  many of the most common  trusts as a way for you to start exploring trusts and how they are created, operate, and their many useful and different purposes.

Take advantage of our expertise and learn more about trusts today to create a better, more effective and efficient estate or asset plan and save you and your heirs money.

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What is a Special Needs Trust?

Friday, April 15th, 2011

A special needs trust is a way to provide your disabled loved one

without the assets affecting their government eligibility into

programs like Medicaid and Social Security Disability.

Find out if a Special Needs Trust is right for you.

Read the entire Report on Pennsylvania Special Needs Trusts/ Supplemental Needs Trust here.

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Can I Create My Own Special Needs Trust or Supplemental Needs Trust So I am Not Disqualified?

Friday, April 1st, 2011

Yes.

If you are disabled and receive benefits and a personal injury award

and or inheritance and you do not want to be disqualified from

government benefits a “self-settled” trust can help. A  “self –settled” trust

is frequently created by individuals who have become disabled as a result

of an accident or medical malpractice and later receive a personal injury

award or settlement. This type of trust has specific requirements in order

to keep your government benefits such as  Medicaid, Social Security, and

Section 8 Housing.

Please click here to read the entire Report on Pennsylvania Special Needs Trusts.

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How Important is a Trustee in a Special Needs Trust?

Friday, March 18th, 2011

Special Needs Trusts Require The Right Trustee For A Tough Job

The trustee of any trust is an
important position.

In special needs trusts the trustee has

sole discretion to decide what the

beneficiary, your disabled loved one,

needs and what can be distributed

under state laws or federal regulations

without disqualifying the beneficiary.

They may spend quite a bit of time at the job in order to do it well.

They also often have the authority to liquidate the trust.

In short, trustee selection is vitally important,

If you are going to be the trustee

make sure you have a back-up trustee so if something

happens to you the right person is in place to take

on this important responsibility.

Also keep in mind if the trust is not administered correctly

your loved one could lose the benefit of government programs.

To read the entire Report on Special Needs Trusts/ Supplemental Needs Trusts click here.

To Find Out More About Special Needs Trusts and Who To Select as Trustee

Call David M Frees III Chairman Trust, Estates, and Wealth Preservation
610-933-8069 or dfrees@utbf.com

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Who Will Take Care of Your Disabled Child When You are Gone?

Friday, March 4th, 2011

Special Needs and Supplemental Needs Trusts Are The Vital
Tool To Protect Our Loved Ones When We No Longer Can

A special needs trust or supplemental needs trust is a way to provide

for your disabled child or disabled loved ones quality of life.

The great thing about this type of trust is your child or loved one

will not be disqualified from government programs because

the assets are not considered theirs. In order to have the assets

in this type of trust unavailable to the government see the complete

Report on Pennsylvania Special Needs Trusts.

If you already know that you need to do estate planning,
or to update an old will or trust, for a special needs child or heir,
then please call 610-933-8069 and mention this
article by David
Frees for a discounted estate plan only available to
David’s blog readers and existing clients and their families.

Do own a business, LLC, or corporation? Or, are you a
“C Level” Executive?

Ask about our enhanced and elite First Class
and Business class upgrades to your estate planning.

Our estate planning fees include wills, trusts (when needed),
a power of attorney for each of you, a medical power of attorney
and living will, a HIPPA authorization and more.

And, our superior two step process get you through the
planning and to signed documents faster and with more
precision than many other lawyers or firms.

Get this off your TO Do list. Call 610-933-8069 or
email dfrees@utbf.com for a call to schedule your planning
appointment.

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Is Your Pet Included In Your Estate Plan? Should It Be?

Friday, September 10th, 2010

Are Your Pets in Your Estate Planning?

Are Your Pets – horses, cats or dogs included in your estate plan? If you have horses, cats, dogs or other pets with long life spans, it might be time to include those pets in your estate planning.  Pets in estate plans are often thought of as an estate planning activity of the rich and famous, but many Americans now purchase pet health insurance, pet vacations, pet day care and many other luxuries for their beloved animals.

So, it’s only rational to make provisions for your pets in the event of your death.

Estate planning for pets can range from the very simple to the very complex and from very inexpensive to more costly arrangements.

From simple to more complicated here are a few points to consider:

1) The Informal Memo Option -At the very least, consider putting together a memorandum to your executor and/or family members suggesting the disposition of your pets.  In this case, where no financial provision is being made for the pets and their care, it is often advisable to discuss the plans with the friends or relatives involved to ensure that they will, in fact, take on the responsibility. In any case, a memorandum that sets out instructions is still always a good idea.

Equine trusts in your estate plan

What something more complicated but more certain?

2) The Outright Gift Option – Consider a bequest to heirs or others who agree to care for one or more pets.  Remember, selection of such care takers is important where there is a flat and outright bequest sine there is no way of knowing how long the responsibility will last.  For that reason, and given the high cost of equestrian care, many horse and other pet owners prefer a gift to a trust where the trustee can ensure that care givers get what they need to Providence continuing care at the right level anticipated by your trust and in your memorandum of instructions.

3) The Trust Option – First, be aware that not all states permit a trust for pets and animals. Pennsylvania and thirty one other states have, however, adopted such a law.  Next, review the issues such as: identifying your pets (the ASPCA site even suggests DNA identification), identifying a caretaker and trustee.  A memorandum to the trustee and care takers with specifics about your pets needs, and your desires for care can be vital. Finally, determine how much will be needed and who gets the balance at the death of your pet or pets.

For more on these issues and equestrian issues watch for more articles.

Attorney David M. Frees III - Pets, Horses and Estate Planning and Trusts

By:  David Frees – Attorney

For more information on estate planning and trusts for horses, and pets, call at  no obligation for a consultation with David M Frees III.  David’s practice focuses on trusts, estates, and related pet and equine issues in estate planning. dfrees@utbf.com

610-933-8069

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If You Don’t Have A Will The State Of Pennsylvania Has Done One For You – Is It What You Want?

Tuesday, July 27th, 2010

No Will? That’s Called Intestacy.
But Don’t Worry.
The State Of Pennsylvania Has Done One For You.
How Do You Think That Will Work?

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

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.

2) When kids get the assets. Answer: 18. That doesn’t sound good does it?

3) Who takes care of the kids – a court appointed guardian chosen by the judge (think legal fees too); and

4) Who manages the kids money – again, a court appointed guardian but only until age 18;

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. (more…)

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