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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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Estates & Trusts

• Tax Court Case Alert: Gifts of Limited Partnership (FLP) Interests Fail to Qualify for Annual Exclusion
• Should I Make Gifts In 2010? The How and Why of Gifting In The Current Environment
• Alert: PA Case Evidences Need To Review Tax Clause In Your Will
• Announcing Our Complimentary Will and Trust Review Clinic and Appointments
• PA Case Law Update: Your Joint Accounts Might Not Pass To Surviving Joint Owner

Blog for Executor, Trustees and Probate

• 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
• Executor's Fees In Pennsylvania - Why Are They Being Cut and By Whom?
• Doing a Great Job as an Executor Means Knowing the Mistakes to Avoid
• Are Executors Personally Liable? Do You Know What You Are Getting Into?
• Will Confusion
• Flat Fees For Probate - That's What Executors Want From Law Firms
• The Probate Process: Common Delays
• Estate Planning That Really Works - Get Records, Documents and Passwords Organized
• Read This Before You Hire An Estate Attorney - Attorneys Fees
• Free Report for Pennsylvania Executors
• Bonus Questions on Mistakes PA Executors Make and How To Fix Them
• Mistake Number Ten: Failure To Properly Conclude The Estate Administration And Exposing Yourself To Personal Liability
• Mistake Number Nine: Failure To Meet The Income, Inheritance, and Estate Tax Deadlines
• Mistake Number Eight: Getting Help Too Late
• Mistake Number Seven: Failure To Advertise The Estate Administration
• Mistake Number Six: Failure To Coordinate with Professional Advisors And To Get The Best Fee Agreements
• Mistake Number Five: Failing To Get The Early Payment Discount For Inheritance Taxes
• Mistake Number Four: The Failure To Follow The Terms Of The Will
• Mistake Number Three: Failure To Comply With Legal Notice and Other Requirements
• Mistake Number Two: Making Early Distributions Without Protecting Yourself
• Mistake Number One: Avoiding Executor Liability in Pennsylvania Estates

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Library for Executor, Trustees and Probate:

• Probate Blunder   
  Description: 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   
  Description: 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   
  Description: 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?   
  Description: 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   
  Description: 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   
  Description: 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   
  Description: Bonus Question in a series about mistakes executors make and the steps they can take to fix them
• Bonus Question: Pour Over Will   
  Description: Bonus Question in a series about mistakes executors make and the steps they can take to fix them
• Bonus Question: Naming An Executor   
  Description: 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   
  Description: 9 in 10 in a series about mistakes executors make and the steps they can take to fix them

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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Web Resources for Executor, Trustees and Probate:

• 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.

• 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?

• 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.

• 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.

• 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.

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