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Mike Frisbie Earns Certificate in Estate Planning and Administration

April 11, 2017 By WKC Law

Michael Frisbie - Attorney
We are proud to announce that attorney Mike Frisbie recently obtained a Certificate in Estate Planning and Administration from the Temple University James E. Beasley School of Law. This Certificate in Estate Planning and Administration strengthens Mike’s expertise in this long-standing practice area and complements the services we provide to our existing business and estate planning and administration clients.

Here are a few recent examples where Mike applied his enhanced knowledge of sophisticated tax planning, estate administration, and family business succession planning:

Establishing Validity of a Will
A client brought in a will obtained from an online provider that was not executed in a manner to make probate easily, in other words, not “self-proving.” A “self-proving” will is one that also has a sworn statement signed by witnesses present for the signing of the will, removing the need for these witnesses to testify after the passing of the person that the will was indeed signed in their presence. Also, the will had confusing language regarding the disposition of property and how and who pays the taxes. Mike led the clients through the probate process, assisting them in administering the will consistent with the decedent’s wishes.

Protecting Domestic Partner Assets
A client held joint assets with an unmarried partner. When the partner entered a nursing home, the nursing home wanted to include the joint assets in its calculations for payment of charges. Mike saved the clients’ assets by helping the client persuade the nursing home not to include certain assets in the calculations.

Honoring Final Wishes
A client’s stepmother refused to probate a will to provide the shore house that our client and her siblings were entitled under the will. Mike’s work forced the stepmother to probate the will so that the terms of the client’s father’s will were enforced and his father’s wishes — keeping the shore house in the family by giving it to his children — were honored.

Planning is Key
Through Mike’s extensive experience in estate planning and administration, Mike guided clients through these pitfalls and achieved positive solutions. He can also help you ensure situations like those outlined above are avoided with some simple steps and proper planning.

Estate planning is an important step to take to protect you and your family, no matter what your age. Even though you may have planned your estate years ago, life and circumstances — like marriage, the birth of children and grandchildren, divorce, and more — bring about important changes. Changes in your life are all good reasons to come in and review your estate plans and make any necessary updates. If estate planning or updating your documents is something you have been putting off until tomorrow, contact us today. Let’s schedule some time to talk about it.

Mike Frisbie provides individuals and businesses with top level legal services for their everyday situations and problems. Together, they plan and prepare solutions with a litigator’s eye toward avoiding litigation. He takes pride and pleasure in helping people and businesses solve their problems.

This article is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

Filed Under: Estate Planning, Weber Kracht Chellew Attorneys Tagged With: estate planning, Mike Frisbie, succession planning, Temple University School of Law

I Don’t Need a Will. I’m Married.

April 28, 2016 By WKCLawBlog

will-woman-signingMany people avoid preparing a Will because they think, “If I die without a Will, my spouse will get everything anyway, right?” This is a misconception can lead to unexpected – and likely, expensive – consequences. Dying without a Will triggers what is known as “Intestate Succession.” When you die intestate, the disposition of most of your property is controlled by the Pennsylvania Law of Intestate Succession set forth in 20 Pa.C.S.A. § 2101 et seq. Simply stated, if you have not prepared a Will dictating where you want your property to go after your death, then the Commonwealth of Pennsylvania has already decided for you.

The statute lays out a pecking order of who receives your property based upon their relationship with you. A few possible scenarios include:

• If the deceased has no surviving children, grandchildren (otherwise known as “issue”) or parents, then the surviving spouse gets everything.

• If there is a surviving spouse and issue who are issue of both surviving spouse and the deceased (same parents), then the surviving spouse gets the first $30,000, and one-half of the remaining assets. The other one-half is divided between the issue.

• If there is a surviving spouse and issue, but at least one of the issue is not issue of the surviving spouse (not the same parents), then the surviving spouse gets one-half and the other one-half goes to the issue.

• If there is a surviving spouse, no issue, and the deceased’s mother or father survives, then the surviving spouse gets the first $30,000, and one-half of the remaining assets. The other one-half is divided between the surviving parents.

This does not apply to property which has a beneficiary designation, in which case how the property is titled controls where the it goes. For example, if you have a life insurance policy or a retirement plan, then the beneficiaries that you designated control where the property goes. If you have a joint bank account, then the other titled owner will receive it. If you own your house with your spouse as tenants by the entirety, then the deed controls the disposition of that property. A life insurance policy and a retirement plan with beneficiary designations will pass directly to those beneficiary designations.

As people’s circumstances often change, simply updating your Will does not conclude the job of estate planning; beneficiary clauses and title to assets need to be reviewed and possibly changed to ensure a disposition of your property as you intend.

Please give yourself some piece of mind and have a Will properly prepared and executed so that your wishes and desires are memorialized, and your property goes where you want it to go.

Mike Frisbie

Mike Frisbie provides individuals and businesses with top level legal services for their everyday situations and problems. Together, they plan and prepare solutions with a litigator’s eye toward avoiding litigation.  He takes pride and pleasure in helping people and businesses solve their problems.

This article is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

Filed Under: Estate Planning Tagged With: Bucks County, dying without a will, estate planning, intestate, last will and testament, Mike Frisbie, Montgomery County, Perkasie, Weber Kracht & Chellew

General Power of Attorney, a Financial Power of Attorney, or a Durable Power of Attorney. What’s the Difference?

December 1, 2015 By WKCLawBlog

POA_signatures

People refer to Powers of Attorney as “General,” “Financial” or “Durable” Powers of Attorney, and in most cases, people are referring to the same document.  “General” usually refers to the Principal granting the Agent all types of powers in the event the Principal does not act. Others refer to the Power as a “Financial” Power because for many, the real focus is to assist the Principal with financial actions.   The “Durable” portion provides that the “Power” remains unaffected by the principal’s subsequent disability.  Pennsylvania law now provides that all Powers are durable.  20 Pa.C.S.A. § 5601.1.

A Power of Attorney (often called a “POA”) is a notarized document that allows you to appoint a person (an agent) to manage your affairs if you become unable to do so.  You are the “Principal” which means the person who is giving the “power” to another person.    The “Agent” is the person designated by a principal to act on their behalf.  For example, if you sign a Power of Attorney for your daughter, Joan, to help you write checks to pay your bills, you are the “Principal” and your daughter Joan is the “Agent.” When you grant someone a power of attorney, they are required to act in good faith and in accordance with your reasonable expectations.

In a typical POA, you provide your Agent powers to assist you with financial transactions (writing checks), entering into contracts, or selling real estate.  However, Pennsylvania law provides a long list of powers that can be delegated to an agent. More recently, there have been several significant changes to the Power of Attorney law in Pennsylvania.  There were significant abuses by Agents which caused the Legislature to make changes to the law which were effective January 1, 2015.  Older Powers of Attorney, assuming they were properly prepared and executed, remain valid.  However, it is wise to take another look at this as people and businesses (a bank) that may rely upon a power of attorney may be unfamiliar with old Powers and may only accept newer Powers.

A guardianship for an incapacitated person will be necessary where there is no advance planning (i.e., Power of Attorney).  This means that if you do not have certain documents in place such as a Power of Attorney, guardianship procedures may be necessary to protect someone against his or her own incapacity.  Guardianship procedures can be expensive, cumbersome, and the outcome is uncertain.

Preparing a POA is a common estate planning tool to assist you in the event of possible future incapacity and simply to assist you with certain transactions.  It is a better alternative in most cases than placing assets in joint names.  Please contact us so that we can discuss your plans with you in more detail.  I look forward to hearing from you.

 

MikeFrisbie

Mike Frisbie provides individuals and businesses with top level legal services for their everyday situations and problems. Together, they plan and prepare solutions with a litigator’s eye toward avoiding litigation.  He takes pride and pleasure in helping people and businesses solve their problems.

This blog is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

Filed Under: Estate Planning Tagged With: Bucks County, durable power of attorney, estate planning, financial power of attorney, general power of attorney, Mike Frisbie, Perkasie, power of attorney, Weber Kracht & Chellew

Do I Really Need a Will?

April 28, 2015 By WKCLawBlog

LastWillTestament

So, you may be asking yourself, “Do I really need a will if I have little property or money?”

Many people think that their “children will handle everything” or that they “don’t have much” so they don’t need a will.

However, the answer is a clear “Yes. You need a will.”

A will is simply a legal declaration of a person’s intentions of what they would like performed after their death.  If you have a will properly prepared and executed in place prior to your death, then you can determine how you would like your assets divided.  It provides you the opportunity to name an Executor who will carry out your intentions after your death.  If you have minor children, you can express your intentions on selecting a guardian for your children.

At an initial Estate Planning Consultation, we sit with you and discuss what you would like to happen to your home, property, and any other assets.  We work with you to prepare a will that expresses what you want to happen, and make sure that the will is properly executed under Pennsylvania law so that it will be followed.

Alternatively, without a will, your money and possessions will be distributed by a pre-determined formula fixed by Pennsylvania law. This means that your spouse may have to share assets with other family members not of your choosing.   Without a will in place, there can be delays in the final distribution of assets.  And, importantly, it could result in your minor children being placed in the care of a court-appointed guardian rather than with the people you would prefer to care for them.

You should take the time to plan and prepare a will, and we can discuss other helpful estate planning documents, including a Power of Attorney and an Advanced Care Directive.  Please give us a call.

MikeFrisbie

Mike Frisbie provides individuals and businesses with top level legal services for their everyday situations and problems. Together, they plan and prepare solutions with a litigator’s eye toward avoiding litigation.  He takes pride and pleasure in helping people and businesses solve their problems.

This blog is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

Filed Under: Estate Planning, Will Tagged With: Advanced Care Directive, assets, Bucks County, estate planning, executor, Guardianship, Mike Frisbie, Montgomery County, Pennsylvania Law, power of attorney, Weber Kracht & Chellew, Will

Facebook Introduces “Legacy Contact”

February 16, 2015 By WKCLawBlog

Warning. This post could get a little morbid, but let’s just call it “estate planning.”

Up until now, Facebook had no mechanism to deal with a personal Facebook page once the person had passed away. Some of you might already have cared for this by giving your log-in information to a trusted relative or friend, but the fine print states that is a violation of Facebook’s terms of service.

Now there is a solution. Facebook has introduced new options, as explained by Slate’s Will Oremus:

…the social network announced a new setting that will give every Facebook user the option to have their account permanently deleted when they die. Alternatively, users can now designate a “legacy contact”—a friend or family member to take control of certain aspects of their account after death.

Specifically, the legacy contact will be able to:

  • Change the dead person’s profile picture and cover photo
  • Write a special post that will be pinned to the top of his or her timeline (e.g., a memorial service announcement)
  • Accept friend requests from real-life friends and family who weren’t connected to the deceased on Facebook.

2015-02-16 21.55.45

So even though we joked about this new option being part of your estate planning, it’s actually a good idea to keep us in the loop on this decision the next time you come in to the office to update your estate plans.

This blog is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

 

Filed Under: Estate Planning, Social Media Tagged With: Bucks County, estate planning, Facebook, Legacy Contact, Montgomery County, social media, Weber Kracht & Chellew

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