Doug Kaune

Contact Information:

120 Gay Street
Phoenixville, PA 19460

Phone: 610.933.8069
dkaune@utbf.com

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Douglas L. Kaune

Douglas Kaune is a shareholder and partner with Unruh, Turner, Burke & Frees where he has practiced since 1996.  He is Co-Chair of the Estate planning and Administration Section and Chairman of the Elder Law Solutions Section of the Firm.  His practice is focused in the areas of estate planning, estate and trust administration, creditor and asset protection, elder law, nursing home and Medicaid planning.

Doug loves spending time with his wife, Amanda, and three wonderful sons, James, Jackson and Thomas.  He loves the beach and travel throughout the U.S. and abroad.  He played basketball at Dickinson College and coaches all three of his sons’ basketball teams.  He exercises regularly and enjoys swimming, biking and hiking.  He is an avid Philadelphia sports fan.

A selection of Doug’s typical estate planning client cases and accomplishments include:

  • Preparation of wills, trusts, powers of attorney & living wills.
  • Preparation of trusts used to protect the inheritance clients leave to children from divorce, creditors and law suits.  These are custom tailored trusts, intended to provide protection and ease of use for adult, capable beneficiaries.  In this world of increased divorce rates and litigation risk, these trusts are key component to a good estate plan.
  • Preparation of spousal trusts used to help insure the use of both husband and wife’s federal estate tax exemptions.  Additionally, spousal trusts are used to protect and preserve assets in second marriage circumstances, where one spouse wants to make sure assets make their way to children from a prior relationship.
  • Preparation of revocable living trusts used to help clients avoid the probate process so that their beneficiaries receive their inheritance more quickly, more easily and with less expense.
  • Preparation of Supplemental Needs Trusts for the benefit of disabled beneficiaries.  If properly funded and managed, these trusts are key to protecting and preserving the inheritance for these disabled beneficiaries, while helping to insure their continued government benefits.  We regularly prepare both self settled and third person Supplemental Needs Trusts.
  • Counseling clients on how to use proper planning to reduce or eliminate the federal estate and PA inheritance tax that would otherwise reduce their estate value.

What Doug enjoys about his estate planning practice:  Working in a collaborative way with clients to formulate an effective plan to accomplish their desired goals.  Seeing clients leave the signing meeting relieved to know that they have done something to protect and preserve their assets for their children and beneficiaries.

A selection of Doug’s typical estate and trust administration cases and accomplishments include:

  • Representation of Executors of a decedent’s estate.  Representation of Trustees, both during the lifetime and after the death of the Trust creator.
  • Preparation of all probate documents necessary for the formal appointment of the executor and preparation of all probate filings throughout the estate administration process.
  • Gathering of all asset, expense and debt valuation information necessary for the preparation and filing of the PA inheritance tax and federal estate tax returns.
  • Liability management for the Executor and/or Trustee to help keep them protected from the many personal liability risks they confront.
  • Family mediation for those estates with hard to manage relationships.  Not all families and beneficiaries get along with one another.  It is important to have counsel who is sensitive to these situations and adept in bringing calm to the process in order to help avoid the need for court involvement and expensive litigation.
  • Representation of estates ranging from $500,000 to over $100,000,000.

What Doug enjoys about his estate and trust administration practice:  Helping to relieve some of the stress related to a very difficult time.

A selection of Doug’s typical Elder Law and Medicaid Asset Protection Cases and accomplishments include:

  • Representation of clients who would like to plan ahead of time to insure that some or all of their personal assets are protected from the rising cost of long term nursing care.  Counseling clients on the planning options and pitfalls to be aware of so they can maximize the asset protection they are looking to achieve.
  • Preparation of Medicaid Asset Protection Trusts intended to trigger the five year Medicaid look back period.  By using this planning technique, we regularly put our clients in a position to protect their homes and hundreds of thousands of dollars from the nursing home spend down process.
  • Preparation of Family Caregiver Agreements and overseeing the protection of the home through the family caregiver exception.
  • Assisting with Emergency Medicaid planning.  It is never too late to protect family assets from nursing care spending.  Even if you have done no planning and a move to a nursing home is imminent or has already happened, we can still use our time tested emergency planning techniques to protect 10’s or 100’s of thousands of dollars of assets for the spouse at home or for future beneficiaries.

What Doug enjoys about his Elder Law practice:  Helping clients to protect hundreds of thousands of dollars when they thought they just had to systematically spend it on nursing care until it was all gone.

Practice Areas

Education

  • Widener University School of Law, J.D. (1995)
    • Recipient, American Jurisprudence Award in Business Organizations
  • Dickinson College (1992)
    • B.A., History and Political Science

Admissions

  • Supreme Court of Pennsylvania (1995)

Memberships

  • Chester County Bar Association
  • National Academy of Elder Law Attorneys

Publications

  • Pennsylvania Nursing Home Guide – Medicaid Planning and Division of Assets
  • Guide to Understanding and Protecting a Nursing Home Resident’s Rights

Latest From Douglas Kaune

21

Jul

Every Attorney At Unruh Turner Burke & Frees Named To The Daily Local News 2023 Top Lawyers List For The Second Consecutive Year

Daily Local News readers voted for Chester County’s Top Lawyers in the annual Top Lawyers Readers’ Choice Poll earlier this year. Readers voted online for their favorite lawyers in various practice areas.

This is the second year that every lawyer at the firm has been recognized and the third consecutive year that firm attorneys have …

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12

Aug

Fourteen Attorneys at Unruh Turner Burke & Frees Named to “2022 Top Lawyers” List by Main Line Today Magazine

Unruh Turner Burke & Frees is honored to have fourteen attorneys named to Main Line Today’s “2022 Top Lawyers” list. Each year Main Line Today publishes a list of “Top Lawyers” in the region. Attorneys are nominated by their peers and vetted through the magazine’s editorial process. Main Line Today is a regional magazine focusing …

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25

Jul

Every Attorney at Unruh Turner Burke & Frees Receives the Daily Local 2022 Top Lawyers Reader’s Choice Award

Chester County has voted and the results are in. Every attorney at Unruh Turner Burke & Frees (UTBF), one of Chester County, Pennsylvania’s largest law firms, has been voted a Top Lawyer for 2022 by Daily Local readers. Unruh Turner Burke & Frees’ attorneys were recognized in the following practice areas:

Brian D. Boreman

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27

May

Elder Law & Medicaid: Protecting the Family Home

The Family Caregiver Exception is one opportunity available to protect the family home from nursing home spending. Generally, there is a 5 year ineligibility for Medicaid qualification that results from a transfer of the family residence to a child. However, there is no penalty for a transfer of a primary residence if a son or …

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30

Jul

Main Line Today Magazine Recognizes 13 Unruh Turner Burke & Frees Attorneys as “Top Lawyers” in 2021

Unruh Turner Burke & Frees is honored to once again have multiple attorneys named to the annual “Top Lawyers” list by Main Line Today magazine. Main Line Today is a regional magazine focusing on the communities, traditions and lifestyles of Philadelphia’s western suburbs. Attorneys are nominated by their peers and vetted through the magazine’s editorial …

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16

Jul

Twenty UTBF Attorneys Named Best Lawyers in Chester County by the Daily Local News Readers Choice

Unruh Turner Burke & Frees is honored to have twenty attorneys named to the Daily Local News 2021 Best Lawyers Readers Choice list. UTBF attorneys recognized are:

Brian D. Boreman was selected in Labor & Employment and Employment Discrimination William J. Burke, III was selected in Real Estate Theodore F. Claypoole was …

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10

Nov

Why You Should Consider a Personal Care Contract

It is important to provide care and assistance for parents and loved ones, but why not make sure that everyone involved is protected from a financial perspective through the use of caregiver agreements? Please read this article to find out how this type of agreement could help you or your loved ones.

https://www.paelderlawsolutions.com/2020/09/are-you-providing-at-home-care-for-your-parent-if-so-a-family-care-agreement-should-be-used-to-protect-family-assets/

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21

Oct

Is Nursing Care Imminent Or Already At Hand? How to Apply for Medicaid in Pennsylvania To Protect Family Assets

The Medicaid application process can be confusing and intimidating, but it may be a financial solution for you or your family member. This article is intended to provide you with some background on the Medicaid application process in Pennsylvania and how the attorneys at Unruh, Turner, Burke and Frees can be of assistance in getting …

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31

Jul

Fifteen Attorneys at UTBF Named Top Lawyers by Main Line Today Magazine

We are proud to announce that fifteen attorneys at Unruh Turner Burke & Frees were named to the 2020 “Top Lawyers” list by Main Line Today magazine. Main Line Today is a regional magazine focusing on the communities, traditions and lifestyles of Philadelphia’s western suburbs. Attorneys are nominated by their peers and vetted through …

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21

Apr

Douglas Kaune interviewed about Estate Planning Challenges During the Coronavirus Crisis

Doug was interviewed by the Philadelphia Inquirer about the difficulties facing people who may have put off doing a will, power of attorney documents, or a living will, also known as an advance directive. They now urgently would like to have these legal documents in place, but have more obstacles to get fully executed …

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23

Jul

Every Partner at UTBF Named a Top Lawyer by Main Line Today Magazine

For the second year in a row, every partner at Unruh Turner Burke & Frees was named to the 2019 “Top Lawyers” list by Main Line Today magazine. Attorneys are nominated by their peers and vetted through the magazine’s editorial process. Sixteen attorneys at the firm, including all partners, were named to the list in …

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27

Jul

Every Partner at UTBF Named a 2018 Top Lawyer

The results are in…

Every partner in our firm was named among the 2018 “Top Lawyers”

We are pleased to announce that 16 attorneys at Unruh Turner Burke & Frees, including all partners, are named to Main Line Today’s “Top Lawyers” list for 2018.

Alternative Dispute Resolution Stephen P. Lagoy*

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31

Jul

Fifty Percent of UTBF Attorneys Named to Main Line Today’s Top Lawyers 2017

UNRUH TURNER BURKE & FREES is honored to have half the firm’s attorneys named to Main Line Today’s Top Lawyers list for 2017.

Litigation: Our litigation department concentrates on business disputes, construction claims, creditor’s rights, employment and labor disputes, estate and orphans court litigation, mortgage foreclosures, real estate contract and title disputes, and shareholder …

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12

Jul

Douglas L. Kaune Accredited by the Department of Veterans Affairs

Douglas L. Kaune has successfully completed the Veterans’ Affairs accreditation process. He can now represent clients for the preparation, presentation, and prosecution of claims for veterans’ benefits before the Department of Veterans Affairs (VA). In addition to veteran’s benefits claims, Mr. Kaune focuses his practice in the areas of estate …

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15

Aug

Six Unruh Turner Burke & Frees Attorneys Recognized as “2016 Top Lawyers” by Main Line Today Magazine

Six Unruh Turner Burke & Frees attorneys have been named to the 2016 Top Lawyers list by Main Line Today Magazine. The annual list of top local attorneys, as chosen by their peers, appeared in the August 2016 issue of Main Line Today. Please join us in congratulating:

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24

Aug

Unruh Turner Burke & Frees Attorneys Named to “2015 Top Lawyers” List by Main Line Today Magazine

Five attorneys at Unruh Turner Burke & Frees were named to the 2015 Top Lawyers list by Main Line Today Magazine. The annual list of top local attorneys, as chosen by their peers, appeared in the August 2015 issue. Brian Boreman was recognized in the area of labor law. Mr. Boreman concentrates his practice …

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8

Oct

Avoiding Wills Disputes? What Your Estate Planning Attorney Needs

Why Revealing Personal Information to your Estate Planning Attorney Is Essential To Successful Planning

By: David M. Frees III, JD

Ever wonder how much or what information has to be revealed to your estate planning attorney to make sure they do the job right? The more information you expose regarding relationships as well as other …

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8

Jun

Pennsylvania Inheritance Lawyer Advice: Tips and Special Considerations for Writing a Will

It’s important to draft a will while you are still young to help your friends and family make decisions about your health, finances and property after you pass away.

When considering issues like Pennsylvania inheritance tax and other fees, fines, and situations it may seem like writing a will is a daunting task. It …

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5

Jun

Pennsylvania Revocable Living Trust Attorney | Trust Distribution

Question: When would I use revocable living trust in Pennsylvania? Answer:

A revocable living trust can be used by you to distribute your Pennsylvania assets and properties in 3 different ways.

While you are still living – this option allows you to see and enjoy giving your designated beneficiaries your outlined benefits over a period of …

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4

Jun

Choosing A Charitable Remainder Trust | Pennsylvania Charitable Trust

Question: When would I use a charitable remainder trust in Pennsylvania? Answer:

Learning if a charitable remainder trust is truly right for you is best left to the advice of a Pennsylvania charitable trust attorney.

But generally, a charitable remainder trust is recommended for individuals whose properties and assets being distributed fall under 1 or …

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3

Jun

Revocable Living Trust Attorney | Pennsylvania Estate Administration

Question: What is Pennsylvania revocable living trust? Answer:

A revocable living trust is a document to outline how someone’s properties and assets are to be distributed.

It may be best to enlist the help of an experienced revocable living trust attorney who can guide you through the process in Pennsylvania and handle all the tedious paperwork …

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2

Jun

Non-Probate Property | Pennsylvania Will Attorney | Estate Planning

Question:

Why do I need to coordinate non-probate property with my will in Pennsylvania?

Answer:

You must coordinate your non-probate property with your will in order to avoid expensive estate taxes and align the distribution of both probate and non-probate property.

Failure to properly coordinate your non-probate property can jeopardize your estate; however, a Pennsylvania …

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1

Jun

Naming the Executor of Your Will and Estate | Pennsylvania Attorney

Question:

Who should I name as the executor of my will in Pennsylvania?

Answer:

When you choose the executor of your will, you should keep in mind the duties of an executor, which can include, but are not limited to:

creating an inventory of estate assets; maintaining and managing property of the estate until probate …

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13

Mar

GRATs Used To Perfection By Facebook Creators

It is being reported that in 2008 Mark Zuckerberg and Dustin Moskovitz transferred a significant portion of their Facebook stock into a Grantor Retained Annuity Trust (GRAT).

Facebook had not yet “gone public” and therefore the value of the stock was far below what it would be following the initial public offering (IPO). The Facebook …

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9

Dec

Using the MIDGT To Take Advantage of Long Term Care Expense Deductions

One of the Irrevocable Trusts we prepare for clients who enter into

Nursing Home Asset Protection planning is referred to as the Medicaid Intentionally Defective Grantor Trust (MIDGT).  One of the tax features of the MIDGT is that the person, usually an elderly parent, who transfers assets to the irrevocable trust will continue to be …

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3

Oct

IRS Releases Guidance on Federal Estate Tax Exemption Portability (Notice 2011-82, September 29, 2011)

As many of you know, the present Federal Estate Tax Law allows for a surviving spouse to carry forward the Federal Estate Tax Exemption available to his or her deceased spouse at his or her death.  To garner the benefits of this “Portability” provision, the Internal Revenue Service (also referred to as “IRS”) does not …

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14

Sep

Will the Federal Estate Tax Law Be Modified In 2012? Obama Gives Us A Snippet of Insight.

In the past month the estate tax has been back in the limelight.  As most of you know, in December of 2010 President Obama signed the Tax Relief Act of 2010. Prior to the ratification of the present law, the federal estate tax was repealed for the 2010 tax year.

For 2011 and …

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7

Sep

A Guardianship of an Elderly or Disabled Person Can Be Contested.

Learn What To Do To Successfully Obtain Guardianship.

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18

Aug

ADDRESS IT NOW TO PREEMPT A WILL CONTEST

4

Aug

MAKE SURE YOUR TRUSTEES CAN NAME A CO-TRUSTEE OR THEIR SUCCESSOR TRUSTEE

28

Jul

Consider Naming A Corporate Trustee With A Trust Protector

21

Jul

$5 Million Gift Tax Exemption Makes Gifting of Small Business Easier

Many families have developed significant wealth in closely held small businesses. Historically, it has been difficult to transfer these small businesses because of the relatively low gift tax exemption available to the person or persons making the gift. For 2011 and 2012 the unified gift and death tax exemption is $5 million per person. Therefore, …

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7

Jul

Second Marriage Estate Planning: Using The Sprinkle Trust

7

Apr

Landlords’ Reporting Requirements Relaxed

Many people use rental real estate as part of a diversified investment portfolio for growing family wealth. We explore the issues relating to

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24

Mar

Veteran’s Benefits Can Help With Assisted Living Costs

Many clients prefer to remain in an assisted living setting rather than make the move to a nursing home. The Veteran’s Administration Aid and Attendance Benefit can help extend your or your family member’s stay in an assisted living facility and delay the transition to a nursing home.

Assisted living facilities cannot receive Medicaid payments …

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10

Mar

Getting an inheritance tax waiver on investment account

During an estate administration process there are probate and non-probate assets. Non-probate assets typically transfer with ease to the surviving joint owner or named beneficiary. Now there may be an unexpected additional requirement that can slow the transfer process. Investment accounts such as stock, bond or mutual fund accounts owned through an adviser or investment …

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25

Feb

Roll Back Taxes and Natural Gas Leases

As previously discussed, we have many clients who have found

themselves in the midst of the Oil and Natural Gas craze that has swept through Pennsylvania (PA). As I have come across nuances in the leasing process and potential pitfalls I have tried to apprise you of them. Recently, we had a client who …

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22

Oct

Protect your Mineral Rights: Oil and Gas Leases

I work with many clients to assist them with the estate planning and elder law issues relating to the mineral rights they own in certain real property throughout Pennsylvania and other states. The focus on the mineral rights ownership interest has increased exponentially as the Pennsylvania (PA) Marcellus Shale discoveries have broadened. Many people …

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14

Oct

Take Advantage of Generation Skipping Tax Repeal For 2010

We have had a lot of discussion here and with clients about the future of the federal estate tax. We have not talked as much about the generation-skipping tax (GST) which was also repealed for 2010. This presents an opportunity for grandparents and great grandparents to pass wealth to future generations that was not previously …

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7

Sep

Inherited IRA: What You Need to Know

The Inherited IRA can provide powerful tax deferral benefits for named beneficiaries. In order to optimize the tax deferral options, the

original owner must properly structure beneficiary designations in accordance with I.R.S. rules and regulations. The I.R.S. has laid a mine field of beneficiary designation traps that can either serve to reduce or eliminate the …

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25

Aug

GRAT Planning For Federal Estate Tax Savings Under Scrutiny

The Grantor Retained Annuity Trust (GRAT) has been an excellent and widely used federal estate tax savings tool.  However, President Obama took aim at the GRAT in his 2011 budget proposals.  Additionally, the House has included provisions targeting short-term and rolling GRAT planning tools in legislation that has passed at that level.  Although that particular House …

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5

Aug

Federal Estate Tax Law Not To Be Addressed Until Fall or After

No Federal Estate Tax Answers forthcoming this Summer. By: Douglas L. Kaune, Esq. Congress is entering its August recess and there has been no progress made on the topic of Estate

Tax Reform. Analysts are clearly thinking that the Estate Tax issue will not be addressed until the Fall or later. Interestingly, everyone, including members …

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22

Jul

Future Federal Estate Tax System: Still Looking For Answers for 2011

Future Federal Estate Tax System: Still Looking For Answers for 2011 By: Douglas L. Kaune, Esquire Estate planning attorneys and their clients would like to know what the future of the federal estate tax system holds for them.  As many know, we are in uncharted territory with no federal estate tax in 2010, with an …

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14

Jul

Steinbrenner’s Death In 2010 Saves Heirs $500 Million!!

Some people are very skilled at making money and protecting what they make from taxes during their lifetimes. Now, some wealthy individuals can even manage to make/save money just based on their dates of death. George Steinbrenner, an amazing businessman and majority owner of the New York

Yankees, is the most iconic symbol of this …

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1

Jul

Special Needs Trusts: Using a Trust Protector

We prepare special needs trusts for beneficiaries to help insure the recipient of inherited or gifted assets can continue to qualify for government or private benefits. Clients who are creating these trusts often struggle to decide who they should appoint as trustee of the trust. We want to make sure that we select the correct person …

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21

Jun

Estate Planning For Minors Update: James is 1 Year Old

Just over a year ago I posted an article advising you of the birth of our son, James Douglas Kaune. I also took the time to emphasize the need to do proper estate planning to protect your minor children. Well, James

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16

Jun

Estate Planning for Same Sex Partners: PA Inheritance Tax

It is very important that same sex couples review the estate planning and estate/inheritance tax issues they are confronting.  In Pennsylvania alone there will be a hefty tax consideration.  The Pennsylvania Inheritance Tax rate on transfers to a surviving same sex partner at the death of the first partner will be 15%.  For transfers of jointly …

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14

Jun

How Much Does Long Term Care Insurance Cost?

So many clients are interested in purchasing long term care insurance (LTCI), but are scared to pursue the coverage because of the perceived prohibitive cost. There are so many different types of policies and levels of coverage that there may be a policy to fit your budget. That being said, you should become an educated …

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4

Jun

Updating Your Will and Estate Plan Upon Divorce

Your estate planning documents such as wills, trusts and powers of attorney require periodic review and updating.  Changes in your life circumstances such as a divorce necessitate modification of your estate planning documents.  Regardless of whether or not you created a will or other planning documents during your marrieage, you should have these documents prepared after a …

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7

May

Inherited Roth IRA Distribution Rules

As a result of the more lenient Roth conversion rules, we have been reviewing the federal estate tax, income tax and distribution issues relating to Roth IRA conversions with clients. I thought this article provided a nice synopsis of the distribution rules facing beneficiaries of a Roth IRA. Here is another article with some …

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5

May

Elder Law: Medicaid Asset Protection Trust Series

Elder Law: Medicaid Asset Protection Trust Series.  Many of our clients want to guard against losing large portions of or even their entire estate to the costs of long term nursing care.  They recognize that the ever rising cost of nursing care coupled with increased life expectancies could result in significant expenditure of estate assets.  Clients …

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3

May

Limited Step-Up In Capital Gains Tax Basis In 2010

Although there there will likely be no federal estate tax in 2010, the beneficial “step-up” in capital gains tax basis on property owned by a decedent at death, is now limited to $1.3 million. The limited “step-up” may be allocated among the decedent’s assets by the Executor or Administrator unless otherwise directed in a decedent’s …

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26

Apr

Gift Tax Is Not Dead, Learn About These Gift Tax Free Transfers

As most readers know, the federal estate tax (FET) was repealed for one year at the end of 2009 and it is looking less and less likely that there will be a retroactive application of the FET. However, there is still a gift tax, presently 35%, if you give away more than $1 million in …

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20

Apr

Pennsylvania Inheritance Tax Is One Of Many Death Tax Systems At the State Level

Pennsylvania, through its Inheritance Tax, is one of many states that applies a death tax upon the estates of its deceased residents and real property owners. I think it is interesting and important to know about the other state death tax systems. Check out this site for a review of how Pennsylvania and all …

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16

Apr

Key Medicaid Figures For PA In 2010

It is important to keep up with the annual change Pennsylvania (PA) Medicaid Numbers. These key Medicaid figures help us to properly prepare Medicaid applications and to provide proper Elder Law advice to clients. Click this link to review the updated Medicaid numbers. They include, Community Spouse Resource Allowance (CSRA), Monthly Maintenance Needs Allowance, …

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14

Apr

Estate Tax Reform 2010: Modified Step-Up In Tax Basis For Capital Gains

As we have discussed frequently, the Federal Estate Tax system is in a state of change in 2010. Frequently lost in the discussion of revocation of the Federal Estate Tax is the new Modified Step-Up In Tax Basis for Capital Gains. Prior to January 1, 2010 all capital appreciation assets owned by a decedent at …

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9

Apr

IN RE: ALICE G. NOVOSIELSKI: PA Supreme Court Rules On Joint Account Case

IN RE: ALICE G. NOVOSIELSKI: PA Supreme Court Rules On Joint Account Case MARCH 25, 2010. The Supreme Court of Pennsylvania overturns the Superior Court on appeal. I think the Supreme Court got this one right. You can read the entire Novosielski Case here, but the general ruling is that accounts made joint by …

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8

Apr

Medicaid Answers at the PA Medicaid Policy Center

We have many clients searching for information about Medicaid, Medical Assistance and payment for Nursing Home Care. The rising cost of Long Term Nursing Care and longer life expectancies have spurred the desire to protect assets and learn more about the PA Medicaid System. I found the following site for the Pennsylvania Medicaid Policy …

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1

Apr

Difficult IRA Beneficiary Designations-Naming A Trust

Although you are permitted to name anyone or anything as the beneficiary of an Individual Retirement Account (IRA), there are many pitfalls that must be avoided. Naming a Trust as the beneficiary of an IRA is an important estate planning opportunity, but the Trust and the beneficiary designation language must be drafted properly to insure …

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29

Mar

PA Elder Law Case Update: Guardian/Son Held Liable For Medicaid Overpayment

MALLOY v. DEPARTMENT OF PUBLIC WELFARE (No. 1575 C.D. 2009): A Memorandum Opinion was issued by a three-Judge panel of the Commonwealth Court reported unofficially. Read the facts of the case and unofficial reporting here. This case shows the Pennsylvania Department of Revenue’s (DPW) expanded attempts to recapture overpayment of Medicaid benefits. The …

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26

Mar

Owning S Corporation Shares in a Trust: QSST, ESBT or Grantor Trust

Owning S Corporation Shares in a Trust can be tricky business. There are three types of trusts that can qualifiy with the IRS to own shares of an S Corporation: 1. The Qualified Subchapter S Trust (QSST) 2. Electing Small Business Trust (ESBT) 3. Grantor Trust. There are different benefits and pitfalls …

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8

Mar

Tax Court Case Alert: Gifts of Limited Partnership (FLP) Interests Fail to Qualify for Annual Exclusion

In a Tax Court case, Price v. Commissioner, T.C. Memo. 2010-2 January 4,2010) gifts of limited partnership interests by parents to their three children did not constitute present interest gifts that qualify for the gift tax annual exclusion. The court stated that the present interest requirement is satisfied if the donee has immediate enjoyment …

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6

Mar

Alert: PA Case Evidences Need To Review Tax Clause In Your Will

PA Case Tells Us To Review Tax Clause To Insure that the Correct Party Pays the Inheritance Tax on the assets In Your Estate.  In Re Estate Of Thomas P. Allen, 2008 PA Super 260 Atlantic: 960 A.2d 470 the decedent had a will and the will contained a Tax Clause intended to determine whether …

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1

Mar

PA Case Law Update: Your Joint Accounts Might Not Pass To Surviving Joint Owner

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 …

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26

Feb

Douglas Kaune, Esquire Attends 11th Annual PA Elder Law and Estate Planning Symposium

Douglas Kaune, Esquire Attends 11th Annual Pennsylvania (PA) Elder Law and Estate Planning Symposium.  It is great to get an update regarding the law changes, new cases and politics that shape Elder Law, Estate Planning, Trust Planning and Probate.  Here is a link to this Pennsylvania Bar Institute (PBI) course and the interesting topics covered.  I will …

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19

Feb

Take Estate Planning Documents, Wills, Trusts and POA’s Out of Moth Balls

It is important to continuously review your estate planning documents such as Wills, Trusts, Powers-of-Attorney and Living Wills, to insure that they name the correct Executors, Trustees, Guardians, Beneficiaries and Power of Attorney. It is not enough to sign these documents once. You must continuously review your present needs, the needs of your family and …

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17

Feb

Caution: Federal Estate Tax Will Apply To Non Resident Aliens

Federal Estate Tax Will Apply To Non Resident Aliens. It is very important for Non Resident Aliens owning assets in the United State (U.S.) to know that their U.S. assets will likely be subject to a U.S. Federal Estate Tax. Many people think they have to take up residency in the United States for the …

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12

Feb

Medicaid Exception: A Trust Used By Parents With A Disabled Child

There is an important exception to the typical Medicaid transfer rules (Deficit Reduction Act (“DRA”), 42 U.S.C. 1396p) which allows parents to transfer assets to trust for a disabled child and still qualify for Medicaid immediately. Read here to learn more about this exception and the Medicaid rules generally. This is an often …

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10

Feb

Avoid Probate With Revocable Living Trust In Pennsylvania (PA)

Avoid Probate With A Revocable Living Trust In Pennsylvania (PA). I want to remind everyone to consider a combination of a pour over will and revocable living trust to help avoid probate for your estate. Read here to learn more about the mechanics of a revocable living trust. There are many people who choose …

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8

Feb

Qualified Domestic Trust (QDOT) Estate Planning Option for Non-Citizen Spouse

The Qualified Domestic Trust (QDOT) is an imortant estate planning option for married couples composed of at least one non U.S. citizen. The United States federal estate tax laws are very different as they relate to a surviving spouse who is not a U.S. citizen compared to a citizen spouse. In particular the surving non-citizen …

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1

Feb

Save Your Personal Injury Award With OBRA Special Needs Trusts In PA

Save Your Personal Injury Award With OBRA (42 U.S.C. § 1396p(d)(4)) Special Needs Trusts in Pennsylvania (PA) and elsewhere. Many individuals injured in an accident, through negligence or medical malpractice find themselves disabled to varying degrees. Among the things they can no longer do is maintain a job. Therefore these individuals receive public benefits …

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27

Jan

Remember To Review The Tax Allocation Clause In Your Will or Trust

Remember to Review The Tax Allocation Clause In Your Will or Trust. by Douglas L. Kaune, Esquire. Most people do not realize that they can choose which beneficiaries will be responsible for paying the PA inheritance tax and federal estate tax on their taxable estate. Many wills are written automatically and sometimes incorrectly to say …

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25

Jan

Roth IRA Conversion Might Equal Estate and PA Inheritance Tax Savings

Roth IRA Conversion Might Equal Estate Tax and PA Inheritance Tax Savings. Many individuals are considering whether or not to take advantage the new Roth IRA conversion rules. Read this Smart Money article for some of the issues to consider for Roth conversions. This decision will require an in depth analysis of each individual’s …

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23

Jan

Executor and Attorney Fees For Probate In PA

Executor and Attorney Fees and commissions For Estate Administrations and Probate in Pennsylvania (PA).  This is often a mysterious topic for many who find themselves involved in an estate administration as executor or beneficiary in PA.   There is not a perfect answer as to what the executor , attorney and probate fees will be in each case, …

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11

Jan

Annuities and Medicaid Planning – Federal Court Ruling In Wetherbee v. Richman

Annuities have long had a role in Medicaid and nursing home asset protection planning in PA and in other states. There are planning opportunities that allow a husband and wife to shelter a portion of the family assets so that the community spouse (non-nursing home spouse) can remain at home and have greater financial freedom. …

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15

Dec

In PA Changing a Will After Death and Probate: Qualified Disclaimers

Beneficiaries can use a qualified disclaimer to change distribution under a last will and testament after date of death and after probate in Pennsylvania (PA) and other states. A beneficiary can actually refuse all or a portion of his or her share of a decedent’s probate or non probate assets.  Click here for the technical requirements …

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8

Dec

Early Intervention for Special Needs Beneficiaries (Autism)

Special Needs Trusts and Supplemental Needs Trusts: Autism, an Early Intervention by Douglas L. Kaune, Esquire Pennsylvania Attorney Wills * Trusts * Probate * Elder Law * Estates * Estate Planning * Asset Protection Planning Malvern, Phoenixville, and West Chester Law Offices Chester, Montgomery, Delaware, Philadelphia, Berks and Bucks County We work frequently with clients …

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1

Dec

Know Your Nursing Home Rights: Avoiding Nursing Home Abuse

Nursing Home Long Term Care Rights: Avoiding Abuse by Douglas L. Kaune, Esquire Pennsylvania Attorney

It is difficult to see a loved one enter a nursing home or elder care facility. It is heart wrenching to see them abused, neglected or their rights infringed upon once they enter the nursing home or elder care facility. …

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30

Nov

Roth Conversion in 2010? It is Almost Time to Decide.

by Douglas L. Kaune, Esquire Pennsylvania Attorney

Roth IRA’s can have significant income tax benefits for you and for generations to come. However, many wealthy individuals have been unable to take advantage of the Roth IRA because of low income ceilings set by the Internal Revenue Service (IRS). However, in January 2010, the IRS …

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22

Nov

Update your Wills: Nothing Is Certain, Except Death and Taxes

By Douglas L. Kaune, Esquire Pennsylvania Attorney

Hmm, if I did not already have a will and trust, I would have run out to meet with an estate lawyer to commission a last will after I read the title words to this blog posting. Thanks to my profession, I happen to recognize the need for …

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13

Nov

Medicaid Nursing Home Planning: Is Gifting Right For You?

Many Elderly clients must decide, is gifting to protect assets from Nursing Home spending right for me? Will I receive the same care if Medicaid pays for my stay in a nursing home? What if I need the money or assets that I gifted to qualify for Medicaid payment of my nursing home costs for …

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26

Oct

Initiating Probate In Pennsylvania (PA)

Who Will Initiate Probate: Probate is the court adjudicated process that an Executor or Administrator follows in the estate of someone who dies in Pennsylvania (PA). The Executor is a person or trust company named in a will. The Administrator is a person or trust company appointed by the Court where no will exists, …

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5

Oct

Strengthening Your Special Needs Trust

by Douglas L. Kaune, Esquire

A special needs trust (SNT) (or special needs trust provision in a Will or in another trust) is an important planning option if you are considering a significant gift to a beneficiary who is considered “disabled” or “incapacitated” and either has or is likely to qualify for government benefits such as social security …

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21

Sep

Divorce and Asset Protection For Beneficiaries Cont.

We continue to receive inquiries from clients in search of ways to protect the assets they leave to their children and beneficiaries from divorce, law suits and creditors. Although clients protection from tax liability is of continued importance, asset protection in estate planning has grown in significance. Clients recognize that 50% or more of the …

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15

Sep

Nursing Care Abuse Claims

It can be a very emotional and difficult time when a family member enters a nursing home. We want the best for our loved ones and expect that they will receive exceptional care. Unfortunately, there are occasions when residents are victims of nursing home abuse, elder care abuse or nursing home neglect. It is important …

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19

May

Create Trusts For Children In Your Wills

I have had a recent addition to the family, my son, James Douglas Kaune.  Welcome to our lives James!! Taking my own advice, my wife and I immediately updated our estate planning documents including wills, powers of attorney and trusts.  We also modified our beneficiary designation forms in IRA’s, 401k’s and life insurance to name the testamentary trust for …

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6

May

Amend Your Estate Planning After Divorce

If you are going through or have recently completed a divorce proceeding, 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 …

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1

May

Key Medicaid Figures for Pennsylvania for 2009

The Key 2009 Pennsylvania Medicaid Numbers can be found by clicking this link. They include, Community Spouse Resource Allowance (CSRA), Monthly Maintenance Needs Allowance, Average monthly cost of nursing home care in PA, Estate Recovery, Home Equity Limit, Medicaid Transfers and Ineligibility for Gifts. These figures and requirements change annually. Review these important numbers …

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23

Apr

Getting Government Assistance For At Home Nursing Care

Many clients with family members and spouses in need of full time nursing care would like to provide care at home. Unfortunately, not everyone has the financial resources to pay for this care privately. There might be an alternative to private pay home care for you and your family. There are possible options such …

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22

Apr

Deciding How Much Money to Put in a Special Needs Trust

Special Needs Trust Planning for disabled beneficiaries is tremendously important. Gifts to disabled beneficiaries during lifetime and through wills should be made to specifically designed Special Needs Trusts. These trusts are designed to provide a safe and secure place for the gift or inheritance while allowing disabled beneficiaries to continue receiving government based benefits such …

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8

Apr

"Legacy Locker" Protecting Your Online Passwords and Accounts for Your Beneficiaries

Many of us have multiple email address, online bank and stock accounts and conduct social and business activity through sites such as LinkedIn and Facebook. I also have a significant number of clients who have business related websites that are responsible for generating a great deal of revenue.

We do not necessarily want to make …

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31

Mar

IRA Trusts, Providing Extra Creditor and Asset Protection

IRA’s and other tax deferred retirement plans can now be left to trusts for your beneficiaries instead of directly to the beneficiaries. These IRA Trusts are broadly categorized as either conduit trusts or accumulation trusts. These trusts must be written with care in order to insure that not only are the assets protected from the …

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30

Mar

Will Your Estate Owe Federal Estate Taxes?

Many of us are wondering whether or not our Executors, Administrators, beneficiaries or Trustees will have to pay estate taxes at the time of our death. I came across an excellent article in Smart Money that will help you answer the question, Will My Estate Owe Estate Taxes? This should help you get a …

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11

Mar

Beneficiary Designation Disaster

One of the most frequently neglected parts of the estate planning process is the proper use of beneficiary designations on life insurance, IRA’s, 401k’s, annuities and other similar assets. Failure to properly prepare and update a beneficiary designation can significantly change the disposition of assets someone intends to be carried out by his or her …

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25

Feb

How long does probate take?

The length of the probate process in Pennsylvania (PA) or other states varies greatly from estate to estate. The determining factors include the assets involved in the estate, the experience of the Executor/Administrator and counsel and the ease in dealing with the beneficiaries. Contrary to common belief, the process is rarely impacted by the actual …

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30

Jan

PA Inheritance Tax

The inheritance tax is a tax on the assets owned or controlled by a decedent at the time of his or her death and applies to assets individually owned, jointly owned and with beneficiaries designated. The tax does not apply to life insurance on the decedent’s life. It also applies to assets the decedent gifted …

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West Chester, PA
17 West Gay Street
P.O. BOX 515
West Chester, PA 19380
(610) 692-1371
Phoenixville, PA
120 Gay Street
P.O. Box 289
Phoenixville, PA 19460
(610) 933-8069