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David P. Brown, III (Member)a native of Philadelphia has been practicing law
in the Philadelphia area since 1974. We invite you to contact us and welcome your inquiries.
Our firm handles legal matters in the following practice areas:
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Estate Planning Probate Trusts Wills Family Divorce Custody Support Corporate Business Real Estate
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1. George and Susan are sister and brother. Their mother, Cora, owns the house on Lawrence Road where they all live. In 1992 Cora deeds the house over to George and Susan, with the unwritten understanding that they will all continue to live there.
George marries Evelyn in 1998. George's income supports the couple, and they live in Evelyn's house. Greorge dies in 2005. The Lawrence Road house is worth $300,000.00. George has no assets of his own.
Evelyn claims $50,000.00 from the Lawrence Road house where Cora ands Susan live, despite the fact that the house was a gift to George and Susan long before George ever knew Evelyn.
Result: Evelyn gets the $50,000.00. No one ever intended this result. It could have been avoided with fairly simple planning.
2. Roger makes a Will leaving everything to his wife, Janice. The Will says that if Janice doesn't inherit, everything goes to Janice's mother, Louise. Roger intends that Louise will use the legacy to take care of Roger's children; but the Will doesn't spell that out.
Roger and Janice are divorced. The legacy to Janice is automatically revoked by the divorce; but the legacy to Louise is not. Roger has forgotten all about his Will.. He marries Cathy, and doesn't make a new Will. Roger and Cathy are in a car accident. Roger is killed, and Cathy is disabled by her injuries, so that she can no longer work. Roger's estate amounts to about $500,000.00. Louise lives a month longer than Roger, and dies leaving her estate to her daughter, Janice.
Result: Cathy gets only 1/3 of the $500,000.00. The Commonwealth of Pennsylvania gets about $50,000.00, and Roger's first wife gets everything else: about $283,000.00. This situation actually happened in a recent case. With any kind of planning it could easily have been prevented.
3. Mother has five children: Philip, Lisa, George, Hope, and Martha. The first four live in different parts of the country. Only Martha lives close. Mother's eyesight is failing and she needs someone to do her banking and write her checks. Mother goes to her bank and a platform person advises her to handle this by putting Matha on as joint owner of all the accounts. Mother does this. Fifteen months later Mother dies without a Will. Her bank accounts amount to $300,000.00 and her house is worth $200,000.00.
Result: Martha gets all the bank accounts ($300,000.00) plus one fifth of the house ($40,000.00). Her share of the estate is thus $340,000.00; each of the other children gets only $40,000.00. Mother never expected or intended this result. She took some very bad advice. Unfortunately this is not an unusual situation. With simple planning Mother could have had Martha do all her banking for her, and still have treated her children equally.
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David P. Brown, III
Member
Email: david@dpblaw.com
Practice Areas: Estate Planning; Probate; Trusts; Wills; Family Law; Divorce; Child Support; Corporate Law; Business; Real Estate.
Admitted: 1971, Pennsylvania and U.S. District Court, Eastern District of Pennsylvania
Law School: Temple University, J.D., 1970
College: University of Pennsylvania, A.B., 1966
Member: Montgomery (Member: Family Law, Probate and Tax Sections; Director, 1990-1992; Executive Committee, 1990; Committee Chairman, 1984) and Pennsylvania (Member: Real Property, Probate and Trust and Family Law Sections) Bar Associations
Born: Philadelphia, Pennsylvania, May 10, 1944
ISLN: 908757150
Civic Activities:
Gladwyne Fire Company: Director 1982-2005, Member Executive Committee, Solicitor;
Gladwyne Civic Association: Former Director, Former Vice President;
Caring Parents Council: Founding Member, Former Vice President;
Republican Committee of Lower Merion & Narberth: Committeeperson 1976-90, Counsel 1990-2004, Member Executive Committee;
St. John's Church, Bala Cynwyd PA: Member 1973-2004, Vestry Member 1997-2000, 2002-2004, Solicitor;
Kimberton Fire Company: Member 2004-present
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David P. Brown, III
354 West Lancaster Avenue, Suite 103
P.O. Box 277
Haverford, Pennsylvania 19041
Telephone: 610-649-4991
Fax: 610-649-6071
Email: david@dpblaw.com |
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Office Hours:
Monday: 09:00 AM - 05:00 PM
Tuesday: 09:00 AM - 05:00 PM
Wednesday: 09:00 AM - 05:00 PM
Thursday: 09:00 AM - 05:00 PM
Friday: 09:00 AM - 05:00 PM
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