Douglas L. Kaune’s Answers

Douglas L. Kaune

Phoenixville Estate Planning Attorney.

Contributor Level 10
  1. If a grand daughter is listed in the will and the next listed is daughter. Can dautghter challenge any of its provisions.

    Answered over 4 years ago.

    1. Steven J. Fromm
    2. Douglas L. Kaune
    3. Stephen William Wiener
    3 lawyer answers

    I believe the answer to your question is yes, your daughter can contest your will. The more difficult question to answer is if she would be successful doing so. It is difficult to successfully challenge a decedent's will. The likely rationale would be that you suffered a diminished capacity or someone forced you to create the will in the way it was created. Check this article posting out for a closer review of some of the issues. http://www.utbf.com/trust-estate/2009/09/when-youre-leaving-...

  2. Can you sue a Lawyer if he screwed up a Will? (follow-up question to something asked before)

    Answered over 4 years ago.

    1. Douglas L. Kaune
    2. James P. Frederick
    2 lawyer answers

    The short answer is yes, you can sue the lawyer for legal malpractice. The real question you should ask is, can you be successful suing the lawyer? The answer to that question is much more difficult to answer. Wills frequently do not mention specific personal property, but instead mention personal property as general items. Clients often CHOOSE not have items mentioned in the will because they assume the estate will be less likely to have to pay tax on the specific items. Clients instead,...

  3. How can I make a change as Executor?

    Answered almost 5 years ago.

    1. Steven J. Fromm
    2. Douglas L. Kaune
    3. Jan Matthew Tamanini
    3 lawyer answers

    Be very careful. You should not change the will in advance. That is not your responsibility. Your job is to carry out the will as set out. I understand the desire to "help" but you could be the one who gets in trouble down the road. Take a look at this article for some of the things you should consider before you get involved. http://www.utbf.com/trust-estate/2009/11/mom-named-me-as-executor-now-who-can-sue-me-read-this-before-starting-the-executor-or-trustee-job/ The beneficiaries can...

  4. Do we need a lawyer to file a will and any thing else to do with the estate or can we do it ourselves.

    Answered almost 5 years ago.

    1. Douglas L. Kaune
    2. Jan Matthew Tamanini
    3. Henry Daniel Lively
    3 lawyer answers

    You are not "required" to have an attorney represent you in the estate administration. However, you might "need" one if you try handle all of the estate requirements on your own. The estate administration process can be quite complex and it is easy to miss the detailed requirements of the probate process, the inheritance tax returns, the fiduciary income tax returns and accounting protections for the executor. It is definitely a "proceed at your own risk" endeavor. Here is a recent posting...

  5. What is Probate on an estate

    Answered almost 5 years ago.

    1. Douglas L. Kaune
    2. Christian Glen Sullivan
    3. James Leslie Walker IV
    4. Randy Marvin Spiro
    4 lawyer answers

    Check out this Blog posting. It may provide some assistance in answering your question. http://www.utbf.com/trust-estate/2009/10/initiating-probate-in-pennsylvania-pa/

  6. My mother passes away and my oldest brother is the executor. I am not sure he is able to handle the responsibility.

    Answered almost 5 years ago.

    1. Douglas L. Kaune
    2 lawyer answers

    The short answer is, probably. If there was a substitute Executor named in the will, your brother can renounce in favor of the successor named in the will. If the named successor is appropropriate then you are set. If the named successor is not appropriate then there might be other considerations or approaches to best handle the situation. If there is no successor named, then your brother can renounce in favor of another individual and the Court may accept his "suggested" apointment but is...

  7. My mother passes away and my oldest brother is the executor. I am not sure he is able to handle the responsibility.

    Answered almost 5 years ago.

    1. Douglas L. Kaune
    2 lawyer answers

    The short answer is, probably. If there was a substitute Executor named in the will, your brother can renounce in favor of the successor named in the will. If the named successor is appropropriate then you are set. If the named successor is not appropriate then there might be other considerations or approaches to best handle the situation. If there is no successor named, then your brother can renounce in favor of another individual and the Court may accept his "suggested" apointment but is...

  8. I am a benediciary of a Trust and the trustee wants to transfer the trust to my name shoudl this cost anything?

    Answered almost 5 years ago.

    1. Douglas L. Kaune
    2. David M. Frees III
    3. Steven J. Fromm
    3 lawyer answers

    It is difficult to answer your question based on the limited information provided. It would be necessary to see the trust terms and requirements to determine the best approach and possible cost. It is likely that if the trust is being terminated, there would be some fees charged by the trustee as a part of his or her usual duties. There is not likely a fee to close the trust accounts themselves. There might also be income tax due for income earned by the trust and for the preparation of...

  9. At the death of someone, is it required to file probate

    Answered almost 5 years ago.

    1. Douglas L. Kaune
    1 lawyer answer

    Probate would be required only if the insurance proceeds were to be paid to the decedent's estate directly or to a deceased beneficiary. A named living beneficiary can claim the proceeds outside of probate.

  10. My mother is in a nursing home she owns her home can i live in it or will i have to turn her home over to the nursing home for h

    Answered almost 5 years ago.

    1. Douglas L. Kaune
    1 lawyer answer

    Please keep in mind this is a general answer and you should review the specifics of your case with an experienced elder law attorney. Proper representation could serve to protect a significant portion of your mother's assets. The primary residence can be a tricky asset in cases relating to nursing home care payment and Medicaid. If there is a reasonable chance Mom can return home, you do not have to sell the home during her lifetime. That being said and assuming you do not sell the...