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Category: Estate Litigation

What can I do to protect myself from being taken advantage of by my Dad’s landlord in Delaware County?

Posted on Fri Jan 22, 2016, on Estate Litigation

My Dad passed away this month. When he died, I found out that I was still on his Delaware County apartment lease as a cosigner. The lease was signed in 2011. I had moved out in 2013, letting the management company know that I wanted off the lease. When I asked if the management company had anything for me to sign, they replied ‘no’. When I had moved out, my Dad had let his brother, his son and his grandson move in. They are still there and the landlord’s been asking them for money for each day they are there past the end of last month. When my Dad died, I just thought I would be morally obligated to remove my Dad’s property and clean. Instead, I am getting a feeling that the landlord wants to hold me responsible for damages, utilities, and possible future rent. My Dad had nothing and I am a stay at home mom of special needs children.

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Delaware County Litigation – How to Protect Yourself Against Claims

Posted on Mon Dec 28, 2015, on Estate Litigation

From our “Ask a Question” mailbag: I am the executor of my mother’s estate in Delaware County, Pennsylvania. I have advertised the estate and paid all the valid creditors. However, a neighbor of my mother has made a claim for $10,000 that has no validity. Can I make distribution without paying him?
The quick answer is yes, but the correct answer is that you should not.

Klenk Law

If the executor is untrustworthy, how do I protect myself?

Posted on Fri Oct 23, 2015, on Estate Litigation

From our “Ask a Question” mailbag: My mother died a resident of Bucks County and named her sister as her executor. I am the beneficiary of the entire estate. My aunt filed the will last month, but has changed the locks on the house and refuses to answer my calls. She has a history of alcohol abuse and I am worried that she is spending the estate money on herself. Is there any way that I could freeze the accounts and protect my inheritance?

Pennsylvania executors are given a great deal of power to act on their own, without court supervision, and are not obligated to share much information with you on demand. This works well when the executor is honest, as the estate can be managed less expensively.

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Gloucester County Landlord Creditor of Estate

Posted on Mon Oct 5, 2015, on Estate Litigation

From our “Ask a Question” mailbag: My Dad passed away this month. When he died, I found out that I was still on his Gloucester County lease as a cosigner. The lease was signed in 2011. I had moved out in 2013, letting the management company know that I wanted off the lease. When I asked if the management company had anything for me to sign, they replied ‘no’. When I moved out, my Dad had let his brother, his brother’s son, and his brother’s grandson move in. They are still there and the landlord knows of the situation, asking them for money for every day they have been there past May. At best, when my Dad died I thought I would be morally obligated to remove my Dad’s property and clean. Instead, the feeling I am getting is that the landlord wants to hold me responsible for damages, utilities, and possible future rent. Dad had nothing and I am a stay-at-home mom of special needs children.

You have mentioned a number of potential issues. First, the only person who has the authority to act for your dad after he has died is the Personal Representative of his estate (if he had a Will) or the Administrator of his estate (if he had no Will). It sounds like your dad (or his estate) owes the landlord some money.

Klenk Law

I Was Served With a Petition for Accounting, What do I do?

Posted on Tue Sep 29, 2015, on Estate Litigation

From our “Ask a Question” mailbag: I am the executor of my father’s estate in Lehigh County. My sister and I do not speak, so the process has been terrible. She refuses to sign the family settlement agreement I sent her, and instead has petitioned the Orphans’ Court to make me account. Do I need to respond?

Yes, you must respond to the petition. As a beneficiary, your sister has every right to ask that you file a formal account with the Court. She does not have to show that you have done anything wrong, only that she is a beneficiary. She may have done you a favor, because it is clear that she was never going to sign your family settlement agreement. This would mean dragging the estate administration on potentially for years. Now you get a court-mandated end date.

Klenk Law

Lehigh County Power of Attorney Account Upon Request

Posted on Fri Sep 25, 2015, on Estate Litigation

From our “Ask a Question” mailbag: My dad named me his power of attorney. For many years I helped pay his bills and care for him. After years of in-house care and then a nursing home in Lehigh County, all his money was gone except one small account which we both split. My brother thinks I stole the money, but that is not true. He has served me a citation to account for my actions under the power of attorney, what do I do now?

By accepting the position of agent through your father’s Power of Attorney, you became a fiduciary. As a fiduciary, you owed your father a duty to look out for his interests. But that job also comes with the obligation to explain your actions as agent to certain people.

An interested party can ask for you to account for all the actions you took as the agent. During his life, this could have been your father. Now that your father has died, your brother (as the heir to half his estate) has the right to ask for a power of attorney accounting from you because if it is found that you took any money, half of anything recovered will go to him.

Klenk Law

Breach of Fiduciary Duty by Philadelphia Executor

Posted on Thu Sep 10, 2015, on Estate Litigation

From our “Ask a Question” mailbag: The will says that all funds are to be equally divided between the siblings. The executor is dividing things unevenly. We had an agreement how things were to be divided. What can I do if the Executor is not holding up her end of the will?

I believe what you are describing is an estate that has been opened with the Philadelphia Register of Wills and Letters Testamentary issued to one person, the Executor. The Will says that the estate is to be divided up equally between the deceased person’s children but, the Executor has decided on her own to divide up and distribute the estate’s assets unequally.

Klenk Law

When should I distribute estate assets as administrator in Bucks County?

Posted on Tue Aug 18, 2015, on Estate Litigation

From our “Ask a Question” mailbag: I am the administrator of my brother’s estate in Bucks County, Pennsylvania. I have advertised the estate and paid all the valid creditors, but a neighbor of my brother has made a claim for $50,000 that I believe has no validity. Can I distribute the estate funds without paying him?

The quick answer is yes, but the right answer is that you should not.

As the executor, you are free to make “at risk” distributions. An “at risk” distribution is that may put your personal assets at risk. Your Bucks County Estate Administration Lawyer works hard to keep you out of trouble. If you ignore your brother’s neighbor, you could be putting yourself at risk.

Klenk Law

Executor Wrongdoing in Camden County, New Jersey – Steps Needed

Posted on Wed Jul 29, 2015, on Estate Litigation

From our “Ask a Question” mailbag: For years, my parents lent money to my cousin and his wife to pay their children’s education. To my surprise, at their deaths, my cousin’s wife was named executor. She “hired” my cousin who is a CPA to handle the estate’s books. Over a year has passed and they refuse to give me any information about the estate and are calling the loans to them, “gifts”. What can I do?

I take it that you are the residuary beneficiary of the will? If so, you have the right to demand through a formal accounting to know where every penny went and a justification for every expense. You also have a right to investigate whether all those years of funding education and other money transfers were gifts or loans.

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I met Peter soon after he started his practice in Philadelphia, PA. He and his team have always been there for me and my various inquiries throughout my life-changing events, corporate relocations. I have lived in various cities throughout the nation, I have never had a problem in contacting Peter or a member of his team. He and his office responds quickly and returns calls to me to fulfill my requests for information or to revise my estate needs while posing relevant thought-provoking questions that I need to consider to secure my future. One of Peter's best qualities is his ability to answer clients complicated questions in a simple way to ensure comprehension.

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I saw four lawyers and was told by all of them; I should just forget contesting my mother's will. I knew what happened, but it is very hard to prove undue influence. I contacted the Law Offices of Peter L. Klenk & Associates. Attorney Amanda DiChello took my case. They were very honest and upfront about what would be involved trying to prove what I knew was true. Attorney DiChello may be young but she is extremely knowledgeable and skilled. She listened and understood what I conveyed to her. She knew exactly what information to use and crafted an outstanding interrogatory and many powerful depositions. Attorney DiChello understood the various emotional feelings this case created for my family and me; she was always there for us with a kind and encouraging word. We went to trial. The amount of work which she and her Paralegal did for the trial was incredible. They both knew my case inside and out! Attorney DiChello's powerful interrogative and thinking skills produced a positive outcome. Attorney DiChello did what other seasoned lawyers said was impossible!

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