Practice Areas

Blog

News

Library

Pennsylvania Estate Planning, Trust, and Probate Frequently Asked Questions (FAQs)

 

Q: Which is Better The Will or Revocable Living Trust?  The probate vs. non probate debate continues.

A: In Pennsylvania, the probate system can be simple and trusts are used less frequently than in other states.
There is no set answer to the question of using a will or a trust. 

However, this article has a good overview of the trust vs. will debate.

For more information about trusts and wills in Pennsylvania read below.

In general, we recommend using a trust when:

1) You are disinheriting an heir since it is harder to challenge a trust under Pennsylvania law

2) You own property in multiple jurisdictions and want to avoid multiple probates

3) You reside in a state with an expensive or complex probate system

4) You have a high risk job and do not want assets such as life insurance to be reachable by creditors of your estate

5) You have a special needs situtation and need to make lifetime gifts and have protection after your death

6) You are elderly and want a trust company, bank trust department or trusted person to manage your assets during your lifetime,

7) You are subject to federal estate taxes and want to move assets such as homes, investments, and life insurance outside of your estate (these trusts are irrevocable)

8) You want to use the trust laws of states such as Delaware, Nevada, Alask or others that permit asset protection planning through trusts.

By:  David Frees Esquire  610-933-8069

dfrees@utbf.com for questions about consultations or appoitnments call Donna, Beth or Denise at 610-933-8069

David Frees practices law with Unruh, Turner, Burke and Frees
He maintains law offices in Malvern, Phoenixville, and West Chester Pennsylvania which serve many communities including: exton, West Chester, Malvern, Phoenixville, Chester Springs, Devon, Wayne, Berwyn, Ardmore, Downingtown and others.

David M. Frees III is Chairman of the Trust, Estates, and Wealth Preservation section of Unruh, Turner Burke and Frees with offices serving all of South Eastern Pennsylvania including Chester County, Montgomery County, Berks and Bucks counties, Philadelphia and Lancaster counties including Malvern, Phoenixville, West Chester, Devon, Berwyn, Chester Springs, Doylestown, Kennet, and many more communities.

David Frees is rated highly by Martidale.com and has attained the highest rating by AVVO.  His rating of 10 (Superb) on a scale of 1-10 and client and lawyer reviews be viewed here.

You can schedule a consultation in person, or by phone with David Frees through his assistants/paralegals Donna, Denise, and Tara at 610-933-8069.

David can also be reached by email at dfrees@utbf.com

Please note, however, that David meets with many clients each week and in order to give them his full attention, he is not always availble to reply immediatly to cell phone or email requests.  However, immediate assistance can always be reached through 610-933-8069.

David Frees is a prolific author on legal topics and in addition to the articles and blogs featured on this site, please feel free to view his postings at http://www.utbf.com/trust-estate

For more info from David M. Frees, III

Begin your case review by filling out the form below:

Offices

Videos

FAQs