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Executor, Trustees and Probate

Protecting yourself, your wealth and your heirs.

If you have been appointed as an executor or trustee you are now entrusted with a significant responsibility.  As the executor or trustee of an estate or trust, there are certain tasks that must be accomplished to ensure that the assets are both managed and distributed properly and according to the law.  If you fail to follow these rules, you may be held personally liable to the beneficiaries. There are specific transfer methods for each type of asset and the appropriate method depends on the type of asset, how it was owned, the named beneficiary and its value.  Executors and trustees often face other challenges as well, such as creditors’ claims and business lawsuits that threaten an estate.  David M. Frees, III is an experienced Pennsylvania probate attorney who provides legal guidance with probate and estate administration to make sure that the estate is properly distributed.

Contact David Frees (link to contact us page) today at (610) 933-8069 if you are the appointed executor or trustee or if you are dealing with probate.

When someone dies, with or without a will, his or her estate is submitted to Pennsylvania probate court, where confirmation will be given regarding the validity of the will when one exists.  Probate is defined as the legal process of settling an estate and includes the distribution of the assets and properties per the valid will.  This legal process is meant to honor the wishes of the deceased, protect the interests of the beneficiaries and confirm the executor named in the will.  If there is no will, the probate court will appoint a personal representative and the estate will be distributed according to Pennsylvania law.  Trusts can be used to avoid probate, to shelter assets from the spouses of an heir or to protect them from lawsuits.  However, a trust is not necessary for everyone and the expense of a living trust might be unnecessary.

Matters relating to probate and estate administration can be complex.  David Frees represents executors and trustees in all aspects of estate and trust administration.  Along with his highly talented team of lawyers, Mr. Frees is able to provide the following services:

• Limit liability exposure to beneficiaries and creditors
• Administer wills and trusts in probate court
• Assist in avoiding probate when possible
• Resolve or close estate and trust administrations through informal family settlement agreements or court accounting process
• Provide estate planning strategies to help keep assets out of probate court
• Ensure a proper transfer of assets
  

David Frees is a partner of Turner, Burke & Frees, P.C. and Chairman of the Wealth Preservation Section of the law firm.  With over 23 years of experience, he has been able to help thousands of individuals with estate planning, probate, trusts and estate administration.  He focuses on educating his clients and providing them with the necessary tools to impart wisdom and strategies to the next generation.  Some of Mr. Frees’ clients have been working with him for almost three decades.

As a recognized expert in his field, David Frees has written numerous articles, chapters and publications including, The Language of Parenting: Building Great Family Relationships At All Ages, Einstein’s Business Dream, Inc., The Ultimate Success Secret, The Language of Leadership, Asset Protection 101, The Ten Most Common Errors Executors Make and How To Avoid Them and Beneficiary Controlled Trusts – Protecting The Next Generation™.  His propriety process titled, Enhanced Estate Planning™, gives parents and grandparents the opportunity to:

• Protect assets from claims
• Strategically plan their estates
• Educate the next generation
• Provide ongoing advice and information to their heirs through technology and messages
  

David Frees has also created informative programs including, Avoiding the Ten Top Mistakes of Executors, which provides executors with comprehensive information to protect the estate.

If you have been appointed trustee or executor or if your family member’s estate is going through the Pennsylvania probate process, contact David Frees at (610) 933-8069.

Mr. Frees represents clients in Chester County, Montgomery County, Delaware County and Lancaster County and in communities such as, Philadelphia, Berwyn, Devon, Paoli, Exton, Phoenixville, Westchester, Malvern, Chester Springs, Ardmore, Gladwyn and surrounding areas.

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Blog for Executor, Trustees and Probate

• Executor of A Pennsylvania Estate? Video Resources, Fees, Disputes, Mistakes and Duties of An Executor
• Pennsylvania Trustee Mistake # 10 - Failing To Do The Job Of Trustee
• Pennsylvania Trustee Mistake # 9 - Failing To Understand The Role of Multiple Trustees
• Pennsylvania Trustee Mistake # 8 - Failing To File Tax Returns Or To Seek Professional Assistance
• Pennsylvania Trustee Mistake # 7 - Failure To Properly Reform, Amend, or Terminate
• Pennsylvania Trustee Mistake # 6 - Failing To Communicate Properly
• Pennsylvania Trustee Mistake # 5- Failing To Conform To The Principle And Income Act
• Pennsylvania Trustee Mistake # 4- Failing To Follow The Uniform Trust Act
• Avoiding Pennsyvlania Trustee Mistakes # 3 Failing to Follow The Prudent Investor Rule
• Pennsylvania Trustee Mistake #1 - Failing To Understand The Trust Language
• Pennsylvania Trustee Mistake #2 - Making Distributions Too Early
• Federal Estate Tax Returns- Can An Executor Get An Extension To File?
• When Probate is Good. The Five Times You Really Want To Probate A Will and The Probate Judge Is Your Best Friend
• Starting the Probate Process In Pennsylvania
• Are Executors Personally Liable? Do You Know What You Are Getting Into?
• Doing a Great Job as an Executor Means Knowing the Mistakes to Avoid
• Executor's Fees In Pennsylvania - Why Are They Being Cut and By Whom?
• Will Confusion
• Flat Fees For Probate - That's What Executors Want From Law Firms
• Estate Planning That Really Works - Get Records, Documents and Passwords Organized

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Library for Executor, Trustees and Probate:

• Links To Other Law Offices and Services For Unruh, Turner, Burke and Frees Client Needs   
  This page contains links to other law offices both inside of Pennsylvania and outside the state for clients that need these resource. Please feel free at any time to contact David M. Frees III at Unruh, Turner, Burke and Frees for referrals to firms throughout the United States and in other countries when you or a family member has a business, or personal legal need that we cannot meet.
• Probate Blunder   
  A person died and only a copy of the original will was found. Can the copy be submmited to probate court and what does it mean?
• Common Delays In The Probate Process   
  This article explains the Pennsylvania Probate Process. Probate can take several months to several years. Find out in this article what is Probate and what are the common causes for delays in the Estate Administration process.
• The Simple Things Matter - Keep Your documents, records, and passwords in order   
  Many carefully planned estates turn into a nightmare because people think that the plan is done when the will or trust is signed. But keeping your records, documents, beneficiary designations and passwords in order makes all of the difference. One of Pennsylvania's most experienced will, trust and estate lawyer's walks you through the process of creating a plan that survives and works to shorten the probate process.
• How Much Can Executors Be Paid Under Pennsylvania Law?   
  This article examines executor fees in Pennsylvania. How much can Pennsylvania executors be paid? Does the size of the estate matter? How are the fees computed?
• How Much Do Pennsylvania Attorneys Charge as Estate Fees   
  Consumers want to know how much attorneys charge estates. This brief article walks you through the several ways that attorneys charge and what you need to know before hiring an attorney.
• Part Ten: Limiting Liability Exposure and Creating a Family Settlement Agreement   
  10 of 10 in a series about mistakes executors make and the steps they can take to fix them
• Bonus Question: Making Sure The Will Is Authentic   
  Bonus Question in a series about mistakes executors make and the steps they can take to fix them
• Bonus Question: Pour Over Will   
  Bonus Question in a series about mistakes executors make and the steps they can take to fix them
• Bonus Question: Naming An Executor   
  Bonus Question in a series about mistakes executors make and the steps they can take to fix them
• Part Nine: Failing To Meet Important Tax Deadlines   
  9 in 10 in a series about mistakes executors make and the steps they can take to fix them
• Bonus Questions on Avoiding PA Executor Mistakes   
  Bonus Questions in a series about mistakes executors make and the steps they can take to fix them
• Part Eight: Getting The Help You Need   
  8 of 10 in a series about mistakes executors make and the steps they can take to fix them
• Part Seven: Failing to Advertise Estate Administration   
  7 in 10 in a series about mistakes executors make and the steps they can take to fix them
• Part Four: The Failure to Follow The Terms Of The Will   
  4 in 10 in a series about mistakes executors make and the steps they can take to fix them
• Part Two: Executors Must Verify That They Have The Right Document   
  2 of 10 in a series about mistakes executors make and the steps they can take to fix them
• Part Three: PA Executors Must Comply with Certain Legal Requirements   
  3 of 10 in a series about mistakes executors make and the steps they can take to fix them
• Part Five : Failure To Get Discount For Early Inheritance Tax Payment   
  5 in 10 in a series about mistakes executors make and the steps they can take to fix them
• Part Six: Failure To Follow Advice and Get the Best Agreement Fees   
  6 of 10 in a series about mistakes executors make and the steps they can take to fix them
• Part One : Learn How Pennsylvania Executors Stay Out of Trouble   
  Will and Probate Attorney David Frees examines the top ten mistakes that Pennsylvania executors make and how to avoid personal liability and lawsuits against executors. Learn to be an executor in Pennsylvania

View All

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Frequent Questions for Executor, Trustees and Probate:

• How much can an executor charge for an estate in Pennsylvania?
• How long does probate take in Pennsylvania?
• As an Executor, how do you make sure a handwritten will is authentic?
• In your Estate Planning how do you choose an Executor?
• What is probate?
• How long does probate take?
• Should we try to avoid Probate in Pennsylvania?
• Are assets "frozen" during the probate process?

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Videos about Executor, Trustees and Probate:

• Pennsylvania Estate Planning Lawyer On Resources for Executors
• Should I Be Paid To Be An Executor in Pennsylvania?
• Will the State of Pennsylvania Step In When a Relative Passes Away?
• Pennsylvania Estate Planning Lawyer Wrote Book for Executors
• Pennsylvania Estate Planning Attorney on Paying Too Much
• Pennsylvania Estate Planning Lawyer On Spouses as Trustees
• Pennsylvania Estate Planning Attorney on Executor Mistakes
• Pennsylvania Estate Planning Lawyer Gives Executor Checklist
• If You Are An Executor Of A Will, Pennsylvania Lawyers Unruh, Turner, Burke and Frees Can Help You Understand Everything You Need To Do
• Pennsylvania Will And Trust Attorney Discusses How The Probate Process Works
• If You Are An Executor Or Trustee, Attorney David Frees' Website Offers You All The Information You Need
• Executor or Trustee in Pennsylvania? Don't Do Anything Until You See This Video on Your Liability Exposure
• The Ten Most Common Mistakes Executors Make & How To Avoid Them

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Web Resources for Executor, Trustees and Probate:

• Michael Jackson Law Suit and Probate

  Description: This brief story about the settlement of a lawsuit against the estate of Michael Jackson points out the need for comprehensive powers in powers of attorney, wills, and trusts allowing the fiduciaries to bring and to settle lawsuits, claims and litigation. Is the powers clause of your will, trust, or power of attorney good enough?

• More blog articles for Executor, Trustees and Probate

  Description: More articles and information on the best will lawyer, best trust lawyer, and best estate lawyers in Chester and Montgomery County Pennsylvania and other topics including elder law, nursing home care, asset protection, and trust planning.

• Probate Fees In The Five County Philadelphia Area

  Description: This chart displays the probate fees in and around Philadelphia, including probate fees in Chester County, Montgomery County, Delaware County, and Bucks County. Pennsylvania will and probate attorney David M. Frees brings you information that you, as an executor can use.

• Senator Ted Kennedy's Wil and The Use of Trusts & Non Family Trustees and Executors

  Description: This article explains some of the details of Senator Kennedy's will and how the family made use of trusts. It also discusses his use of non family executors and trustees.

• Wizard of Oz Munchkin Probate Disputes

  Description: This article points out the need to establishe the capacity of a person giving a power of attorney.

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