Wealth Preservation, Trusts and Estates

I know that the title to this article: “Resources for Building and Protecting Your Estate and Your Estate Plan” is both long (imagine that, a long winded lawyer) and apparently silly.

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.

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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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
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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Are you wondering:

Should I update my estate plan, will or trust?

Do I need a new power of attorney?

I have over 3.5 million dollars how does the affect me?

I have under 1.0 million dollars. What now?

To Roth or not to Roth?

What is happening to the estate tax?

What if I leave the old formula will in place is my spouse disinherited?

If you need more information on any or all of these click here to read this great review of the current situation by CBS.

Here is the WSJ Smart Money Article. Click here to read more.

David M. Frees III
Attorney David Frees is available at 610-933-8069

For an appointment to update your estate planning, or for consultation regarding
duties as an executor or trustee, please call Donna, Denise, or Beth at 610-933-8069.

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This is the time of year when we make resolutions and think about a new start. In that spirit, here are a few ideas for our clients, friends and advisers, that are worth considering for this weekend and for making your life a little better this year and beyond.

Now these are more related to making your life a little better than just focused on legal issues but we hope that you’ll enjoy and use them.

Here are just a few things that you can do, starting right now, to improve your business and/or your life. Some are quite simple and others take a little more effort. But all of these little ideas have a proven ability to make life better.

First, some big picture strategic ideas. Then, some very practical ideas for the new year.

Happiness and luck favor the prepared and open mind as well as a body in motion.

1. Even before you have finished all of your resolutions, start to take action right away even if only to set deadlines to do things. Action yields results and is the single most important factor in separating success from failure.

Happiness is a decision but can be affected by small things. According to the experts:

2. Get enough sleep, exercise (which makes sleep better) and make your bed- which your mother always told you to do. Apparently, this little thing shows your mind that you’re making positive changes.

3. Do you often feel overwhelmed? Again, some time management experts and many psychologists say: Make a list of three things and three things only that you WILL accomplish each day and write them down in the morning. Just three things. make them the most important and then construct your day so that you do them. Often, we have massive lists that just keep growing. That doesn’t make your life any easier so break off a manageable piece. Get three things done.

4. Don’t just simplify your TO DO list- simplify your life as well. It is amazing how each little bit of simplification makes life better. Have you ever had so much stuff that when you needed something, you couldn’t find what you needed? Was the stuff worth having? If you want to learn more about the process of simplification read a little of this blog each day. http://www.zenhabits.com

Good with the strategic stuff?

Try these on for practical life enhancing things:

5. Register your name, and any children or grandchildrens’ names as a domain name. For example, I bought my daughter www.JamieFrees.com so that she can also own Jamie@JamieFrees.com. To get the same discount deal that I do you can click here to register names as domain names.

And remember, that if the name is already taken, you can add a hyphen (www.Jamie-Frees.com) or add the middle initial. If you want more information you can also read my blog article on reserving children’s domain names by clicking here.

6. Check your credit report for identity theft, or any other
misinformation or errors that could harm your financial status and
options. You are entitled to one free check a year at
www.annualcreditreport.com.

7. While you’re at it, make photocopies of your wills and trusts, deeds, car registration,
credit cards, passport, drivers license, social security card, birth certificate, and other
important papers and keep these in a safe deposit box, off site, or at least in a fireproof
box rated for at least two hours.

8. Back up your computer, your other hardware, and your life. Most people don’t take the time to do this, and regret it later. But, there are a few things to do that can save you hours of time and millions of dollars of lost ideas, work, and effort.

First, copy your entire computer hard drive onto an external drive and do that today or tomorrow.

Consider using Mozy to do an external and regularly scheduled back up of your computer. And, for Mac owners – like me- start using Time Machine or SuperDuper.

Make sure that you also back up your family photos on an external hard drive, and consider using a service like Snapfish.com or Shutterfly.com

9. Want to start buying and eating healthier foods. Here’s a free e-book from the government on how to eat healthy:

http://www.health.gov/dietaryguidelines/dga2005/document/pdf/DGA2005.pdf

10. Is one of your resolutions to do more recreational travel? Consider automatically getting last minute low cast fares delivered right to your email account. This is especially good if if you’re retired and have flexibility. If you’re a client, you probably live in the service area of the Philadelphia International Airport – a US Airways hub. If so, you can sign up for US Airway’s E-Saver, and/or Southwest’s Ding, or any other airline program that offers last-minute travel options so you can take quick weekend getaways whenever you feel like it. Fares on these programs can be as low as $40 round trip.

11. Make an appointment to get a full physical checkup from your physician and a good dental examination with ex-rays from your dentist. Also schedule an eye exam with an ophthalmologist.

12. If you have a young family member that has decided to become a millionaire on their own, you can help them to find out exactly how much they want to be worth and why. To analyze how much they need to save and then how to invest try this tool recommended by author Neil Strauss, the author of Emergency-This Book Can Save Your Life. http://partners.leadfusion.com/tools/kiplinger/savings01/tool.fcs

13. Make the start of the new year a time to review your estate plan and wills. For issues to consider in reviewing your will and estate plan click here.

14. Enter to win a great book for yourself or a child or grandchild. Leave a comment below with more suggestions for the new year. Or, enter to win a green reusable coffee cup by leaving a suggestion for how we can be even more environmentally friendly at the firm this year.

OK. That’s plenty for now.

Have other ideas, and resolutions that you want to share?

Leave a comment below and be entered to win a prize.

I have a great book for the winner who has the best and most practical life advice, resolution, strategy or tactic. Share one now and then get going. Enjoy 2010 starting with right now.

David M. Frees III, Esquire
David Frees has achieved AVVO’s highest possible lawyer rating.

610-933-8069
dfrees@utbf.com

P.S. Win a copy of Good To Great, or The Richest Man in Babylon. Lease a suggestion or comment below.

P.P.S. I cannot resist posting a photo of the Frees kids having a night out with Mom and Dad.

Enjopy your family this year and post a comment below.

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I just posted a quick review of some of my analysis of this problem, as well as the articles by Forbes, The Wall Street Journal, and the Washington Post. Just click here for links to all of this material on the lapse of the federal estate tax.

Please leave questions and comments below.

David M Frees is a lawyer in Phoenixville, Malvern, and West Chester. These offices serve many communities on the Main Line of Pennsylvania and beyond. Looking for a lawyer to do a will, trust, estate plan, power of attorney, or related work in Collegeville, Exton, Paoli, Malvern, Devon, Berwyn, Daylesford, Wayne, Ardmore, Chester Springs, and the surrounding region?

Unruh, Turner, Burke and Frees and David Frees can be reached at 610-933-8069

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By: David M. Frees III, Esquire Will, Trust and Estate Planning for the End of The Year.

Want to make sure that you avoid the most common estate planning mistakes at the end of the year and that you are reviewing and doing what you need to complete to make sure that your new year starts off just right?

Want to know how much you can gift without filing a gift tax return?

Need to know when those gift checks have to be cashed before you’ve got a problem?

Then click here for a short video and a checklist that you can print out and follow.

It could save you and your heirs thousands to tens of thousands of dollars.

END OF YEAR GIFTING, Estate Planning and Asset Protection CHECKLIST, and VIDEO by David Frees

David M. Frees III
Asset Protection and Estate Planning

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This article was posted
by Douglas L. Kaune, Esquire
Estate Planning, Estate Administration,
Wills, Trusts, Elder Law
Unruh, Turner, Burke & Frees
Phoenixville, Malvern, West Chester
Pennsylvania Attorney
dkaune@utbf.com PH: 610-933-8069

If you are going through or have recently completed a divorce proceding, you should reassess your will, trusts, beneficiary designations, power of attorney, life insurance, medical power of attorney and living will. It is likely that all of these documents will need to be changed to insure that the proper beneficiaries, executors, trustees and guardians are named in the documents. For a more detailed list of the steps you should take to protect you, your estate and your beneficiaries after a divorce you can review this article.

Douglas L. Kaune, Esquire
Serving the counties of Chester, Montgomery, Delaware, Berks, Bucks and Philadelphia

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This article is a quick read and very informative on the issue of how and why to work with your advisers to make sure that your estate planning works.

BY: David M Frees III, Esquire
dfrees@utbf.com
610-933-8069
Offices conveniently located in Chester County, Malvern, Phoenixville and West Chester

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