Selecting an Estate Executor | Pennsylvania Probate Attorney

When you are selecting an estate executor, keep in mind that he or she will be your and your estate’s personal representative in Pennsylvania probate.

Executor Responsibilities Lawsuit | Pennsylvania Probate Attorney

Suing an estate executor is a complicated and serious task, but can be warranted in certain instances. A Pennsylvania probate attorney can help.

Executor of A Pennsylvania Estate? Video Resources, Fees, Disputes, Mistakes and Duties of An Executor

Executors need to learn the most common mistakes and how to avoid personal liability. Discover many resources and information for Pennsylvania executors

Pennsylvania Trustee Mistake # 10 - Failing To Do The Job Of Trustee

Many Pennsylvania trustee's fail to do their job. Learn how to understand your role as a trustee and avoid the headaches, personal liability, and lawsuits that come with failing to do that job.

Pennsylvania Trustee Mistake # 9 - Failing To Understand The Role of Multiple Trustees

Many Pennsylvania trustees make mistakes that lead to lawsuits and personal liability. Being a trustee is a complex and often complicated job. If you are not familiar with what being a trustee entails and the rules and regulations you must follow you might want to delegate your investment of trust assets to a professional limiting your personal liability.

Pennsylvania Trustee Mistake # 8 - Failing To File Tax Returns Or To Seek Professional Assistance

Being a Pennsylvania trustee is an important job and far too often we see people make mistakes that lead to personal liability and lawsuits. There are many rules and regulations governing what a trustee can do and not do. If you have never been a trustee before or are not familiar with all the governing Acts and Codes it is a good idea to seek professional guidance to avoid mistakes.

Pennsylvania Trustee Mistake # 7 - Failure To Properly Reform, Amend, or Terminate

Pennsylvania trustees can avoid failing to properly reform, amend, or terminate a trust by reading this report on common trustee mistakes. Avoid trustee mistakes that can lead to personal liability and or a lawsuit today.

Pennsylvania Trustee Mistake # 6 - Failing To Communicate Properly

Many Pennsylvania trustees make mistakes such as not communicating properly that land them in hot water with the beneficiaries, family, and could even result in lawsuits. Learn how to avoid this and other trustee mistakes.

Pennsylvania Trustee Mistake # 5- Failing To Conform To The Principle And Income Act

Many Pennsylvania trustees fail to follow the Principle and Income Act and many other rules and open themselves up to personal liability and lawsuits. Avoid the most common mistakes that Pennsylvania trustees make.

Pennsylvania Trustee Mistake # 4- Failing To Follow The Uniform Trust Act

Too many Pennsylvania trustees make simple mistakes that land them into trouble. If you are a Pennsylvania trustee learn how to avoid personal liability and being sued.

Avoiding Pennsyvlania Trustee Mistakes # 3 Failing to Follow The Prudent Investor Rule

Too many Pennsylvania trustee's make mistakes that lead to lawsuits and personal liability. Learn how to avoid these common trustee mistakes.

Pennsylvania Trustee Mistake #1 - Failing To Understand The Trust Language

Many Pennsylvania trustees make mistakes that land them in hot water or create personal liability. Learn how to avoid trustee mistakes that will make you personally liable or get you sued as a trustee.

Pennsylvania Trustee Mistake #2 - Making Distributions Too Early

Pennsylvania trustees make many mistakes that can lead to personal liability. Learn how to avoid making these mistakes that could get you sued.

Federal Estate Tax Returns- Can An Executor Get An Extension To File?

Need an extension to file the form 706 federal estate tax return? Find out how to get the extension to file when the federal estate tax returns in 2011.

When Probate is Good. The Five Times You Really Want To Probate A Will and The Probate Judge Is Your Best Friend

There are times when, as an executor you do not want to avoid probate. There are times when you want to probate a will for your own protection. The probate court can be your best friend if any of these situations arise.

Starting the Probate Process In Pennsylvania

David M. Frees IIII
Wills * Trusts * Estates* Asset Protection

Law Offices in Malvern, Phoenixville, and West Chester Pennsylvania
Serving:  Chester County, Montgomery County, As well as Berks,
Bucks, and Lancaster Counties.

Many clients ask us what probate is and how to get started.

First, be sure to make a careful search for the will and make sure that it
is the most up to date will.  Probating the wrong will is a mistake that
can be very costly.

Next, you need to be sure that you even have to probate the will.  If
all of the assets are either owned jointly, or are distributed under
beneficiary designations, probate may be unnecessary.

But, if you have determine, that you are the executor, that you have
the right will, and that it needs to be probated, then you should become
an educated consumer and know what the probate system means and
how it works.

One of my partners, Douglas Kaune,  recently published a great
article on how to get started in the probate of a Pennyslvania will.

Here is a brief exertp.  Probate is the court adjudicated process
that an Executor or Administrator follows in the estate of someone
who dies in Pennsylvania (PA).

To read the entire article on Pennsylvania wills and probate, click here.

To order our highly sought after and number one guide to Executors in
Pennsylvania, click The Ten Most Common Mistakes Executors Make
and How To Avoid Them.

Are Executors Personally Liable? Do You Know What You Are Getting Into?

When you agree to act as an executor and formally get sworn
into the position what have you done? 

Are you now liable (personally) for any of the debts of the
deceased person? 

Can beneficiaries hold you liable for loses in the stock market
or in other assets? 

What if you have not insudred a piece of real estate and it is
damaged by fire? Are you now liable?

Get the ansers to these and other questions before you act as
an executor and before you elect the executor of your estate?


David M. Frees III, Esquire
Chariman:  Trusts, Estates and Wealth Preservation Section
Unruh, Turner, Burke and Frees

610-933-8069

Call for an appointment or a telephone conference.

David Frees limits his practice to the areas of Trusts,
Estates, Wills, and Estate Planning as well as representing
executors and trustees.

However, David is a resource for all of his clients and will
make sure that you get the right attorney, within the firm or
outside of the firm for your particular legal issues.

Doing a Great Job as an Executor Means Knowing the Mistakes to Avoid

Doing a great job as an executor means knowing both what to do and what not to do.  In fact, many executors do not even realize, that they can be help personally reposonsible for certain actions or for the failure to take certain actions.

In an upcoming post, we will be bringing you a list of specific actions that Pennsylvania executors must take in many estates.  But remember, that each estate is different and those estates that hold real estate or a business interest may have a very different to do list than those holding certificates of deposit and a stock and bond portfolio.  In much the same way, and executors job can look very different where two siblings are co-executors than it would where one executor has seven different beneficiaries.

Finally, if a will contains specific bequests, and/or a bequest to charities, the executor might have another whole set of dealines and responsibilities.

In any case, doing a great job as an executor and avoiding personal liability and lawsuits means avoiding the most common mistakes executors make.

For our readers, we have prepared a greta report on the ten most common mistakes that execuotrs make, and how to avoid them.

Click here to read a brief article and to request a copy. The Ten Most Common Mistakes Executors Make and How To Avoid Them.

David M. Frees III
Call 610-933-8069 for a consultation or telephone appointment.

Paralegal/Assistants Donna Brownback, Denise Fox and Tara Walters

Our law offices are located in Chester County Pennsylvania and our estate, will and trust lawyers serve Malvern, Paoli, Devon, Berwyn, Exton, Chester Springs, Gladwyn, Rosemont, Downingtown, West Chester, Phoenixville, King of Prussia and many other local communities.

Executor's Fees In Pennsylvania - Why Are They Being Cut and By Whom?

Many people serving or elected as executors have questions about how much they can charge an estate to be an executor in Pennsylvania.  Many beneficiaries of Pennsylvania estate, also have questions about the  fairness of such fees and want to make sure that the fees of an executor are appropriate and justified. Executor Fees In Pennsylvania

But, there is another party in Pennsylvania who has been forcing the reduction of executor fees under certain circumstances and if you are planning your estate, or if you have been appointed as an executor this is something that you want to know about.

So who is this mysterious party with the power to reduce executor compensation in Pensylvania?  Before I answer, a little back gound is in order.

For many years, executors charged estates in Pennsylvania a straight percentage of the estate and that percentage was often as high as 5%-6%.

However, this did not always produce a fair or just result.  In many estates, where there are very simple assets (such as bank accounts) and few beneficiaries, the estate administration (the executor's job) was much simpler than an estate administration where the decedent owned a small business, real estate of various types and where there were numerous beneficiaries.

Consequently, consumer pressure has in recent years, generally resulted in the negotiation of executor's and attorney's fees in smaller and simpler estates.  Family memebers may also be highly skilled professionals who can help, or they may be willing to perform certain tasks that reduces the time commitment of the law firm.

Unlike some states, Pennsylvania has fee guidelines - they must be reasonable, but there are not set fees.
This allows executors to negotiate fees with lawyers up front based on a variety of factors.  Most clients will not want to pay a set percentage.  Rather, a set fee for all of the work, or an hourly fee are preferable.  And, executors will often take a reduced compensation rather than risk family discord.  However, for those who have never served as an executor, the often difficult and time consuming job seems simple.  So there is often tension between family memebers, beneficiaries, and the executor so it is best to stay within the fee guidelins wheneever possible.

But, as I mentioned, there is another party in Pennsylvania who has an interest in executors' fees and the power to often compelle a change.  Who is this mystery party?  The State of Pennsylvania itself. And there is more than one branch of the government with an interest in executor fees.

Since executor's fees are a deduction, the Pennsylvania Department of Revenue (Inheritance Tax Section) has an interest in making sure that the executor does not over charge and can and does challenge or disallow excessive executor fees.

However, in any case where the will or trust provides for a charitable bequest of a fraction of the estate, or where there is a large gift, the Attorny General's office stands in the shoes of the charities and must review all such estates.

The AG's office have been very aggressive in policing and disallowing executor fees where charities are involved so be sure to take this up with your advisors before you begin to act.

So the answer to the question is that executor fees are being reduced by the State of Pennsylvania where either the AG's office, or the Inheritance Section feels that they are excessive.

David M. Frees III

David M. Frees III  practices in the areas of trusts, estates, and estate and asset protection planning.
He frequently advises executors, trustees, and beenficiaries about matters related to trusts, estates, inheritance and estate tax, executors fees, and related matters.

Will Confusion

A woman has died and the only will that was able to be found was a copy of a will. Do you turn that into the Probate Court? What does it mean? How do you avoid this probate blunder?

To find out the answers please click here.

Flat Fees For Probate - That's What Executors Want From Law Firms

One of the most important things to executors and to the families of the deceased is to know, in advance, what the costs will be of probate, or to administer a trust or estate even when probate is not involved.   Yet, many law  firms continue to charge on an hourly fee basis, or strictly on the basis of a set of fee guidelines that, in some states, can be as high as six percent of an estate's value.

The problem with these fee guidelines is that they don't reflect the actual involvment and participation of the executor and family memebers who may, in some cases be willing and able to perform certain tasks, while in other estates, the family and executor want and expect a higher level of  service.  Likewise, set guidelines and the lawyers and firms that rely upon them exclusivly, fail to recognize that no two estates are the same and that an estate of $600,000 with two cooperative beneficiaries who are also both executors will likely have fewer legal issues than an estate of the same amount with multiple beneficiaries that do not cooperate.

The problem with hourly charges is that the executor cannot know, up front, what the cost of legal services will be.  Furthermore, executors then feel reluctant to call counsel to ask questions becasue they feel that it will drive the fee up when in fact the answers to those questions may be essential.

The Financial times recently examined this issue in an article on probate fee brokers.   While we don't have probate fee brokers in this country, if you are an executor, it pays to find a firm that will negotiate a flat fee, up front, and commit to that fee in a written fee agreement.

In this way, the executor knows exactly the services to be performed, what the executor must be responsible for, and families with simple asets and high levels of cooperation are rewarded with lower fees.

To get a copy f the Johnson Estate Guidlines, and more information about executors fees and attorney fees in Pennsylvania, click this link for my article :  Read this Before Hiring An Attorney - Attorney and Executor Fees.

For more information about how my firm charges (on a flat fee basis customized to your circumstances) call 610-933-8069 for an appointment of a telephone conference. And for more information about the top mistakes executors make and how to avoid them, click here.


David M. Frees III, Esquire
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Chairman:  Wealth Preservation and Asset Protection Section
Unruh, Turner, Burke and Frees

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Estate Planning That Really Works - Get Records, Documents and Passwords Organized

I just posted a very brief article on how important it is to keep records organized, to alert your executor to the location of your will and trusts, and to maintain a method of accessing passwords.  The article also examines the benefits of memos to executors, trustees and family memebers on many topics such as distributing personal effects, distributions from trusts, and more.  There is also a link to a great Wall Strett Journal piece on the same subjects.

Please read more on creating an estate plan that will actually work.

For more information for executors and trustees, order our great report on the 10 Most Common Mistakes Pennsylvania Executors Make and How To Avoid Them or our series of materials on Enhanced Estate Planning.

David M. Frees III, Esquire
Estate Planning, Trust, and Asset Protection Lawyer
Offices in Chester County and serving the State of Pennsylvania
David M Frees III, Esquire
David's AVVO rating is Superb!  Click here for more information.
610-933-8069

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Firm Estate Planning Blog: http://www.utbf.com/trust-estate
Executor and Esate Planning Blog: http://paestateplanners.com/blog
What do clients and lawyers say about David M. Frees III? Click here for more information.

The Probate Process: Common Delays

In Pennsylvania the probate process varies from estate to estate. It can take as little as a few months to several years. There are many factors that contribute to the lengh of probate such as the experience of the Executor/Administrator and thier legal counsel and the benificiaries.  This article explores some common causes for a delay in the estate administration process.
To read about Probate and delays that can occur click here for the full article.

Read This Before You Hire An Estate Attorney - Attorneys Fees

Are you an executor of an estate in Pennsylvania?  Do you know the important facts about legal fees?  Do you know why executors hire counsel?  Do you know that Pennsylvania executors can be held personally liable for certain mistakes? If you want or need legal counsel to do the executor job correctly, efficiently, and cost effectivley, then read this article before you do anything and before you hire an attorney.

Pennsylvania estate attorney David M. Frees III is experienced in the representation of executors including banks, trust companies, and individuals and family memebers named as executors under a will. 

In this brief article david examines the ways in which law firms charge estates, what is best for you, and what is permitted under Pennsylvania law.

Read this before you hire counsel.

David M. Frees III, Esquire

Call one of David's paralegals, his client relations managers, or assitants, Donna, Denise, Tara, Whitney or Matt for a copy of "The Ten Most Common Mistakes Executors Make and How To Avoid Them".  This great resource can really help you to select the right ececutor and to do a great job if you are an executor.

call 610-933-8069 or email me at dfrees@utbf.com fo a copy of an appointment.

Free Report for Pennsylvania Executors

Attorney David M. Frees III whose practice involves trusts, estates, wills, and esate and asset planning, just has published a new (free) guide for executors of wills probated in Pennsylvania.  The report titled:  The Ten Most Common Mistakes That Executors make and How To Avoid Them, is a guide for executors to prevent personal liability and a guide to you if you're planning your estate and need to decide who is the best executor.

To get your free copy just click here.  It's easy.  You just fill out a form on line and the report will be sent to you.  You are always welcome to call our offices but no one will call you.  We simply want people to have this grea new resource.  Order the report now.

Be sure to visit our Trust, Esates and Wealth Preservation Blog too to get ideas, news and information for Pennsylvania residents to help you to reduce taxes, plan your estate, and to avoid family disputes over wills and trusts.  Want to get more ideas on protecting your assets and protecting your heirs' inheritance from lawsuits and divorce.  Just click here.

David M. Frees III, Esquire
610-933-8069
dfrees@utbf.com
Call Denise, Tara, Donna, or Matt to schedule an appointment or
telephone conference with David or to get your free copy of the erport, or an Estate Planning Questionaire.