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Category: Probate and Estate Administration

Can an Estate Pay for Care a Child Provided to a Parent?

Posted on Sun Feb 7, 2016, on Probate and Estate Administration

From our “Ask a Question” mailbag: Before he died, my dad lived with me in Gloucester County, New Jersey for several years. My wife and I took him to the doctor and cared for him when he became bedridden. He died without a will and all his assets are being divided between my brothers and I equally. They never helped with his care. This is not fair. Can I make the estate pay me for my time?

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How to Sell the Estate’s Stocks?

Posted on Sun Jan 24, 2016, on Probate and Estate Administration

From our “Ask a Question” mailbag: My grandmother died in a senior living facility in Philadelphia. She died without any real assets except for a small bank account and some stock held just her name. Her will said the stock was supposed to be used to pay her last bills and then anything left over would be divided among the grandchildren. We’re confused as to how to sell the stock once we do the transfer paperwork. Do we have to sell it through Computershare or can we sell it through any brokerage?

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Missing Sibling During Philadelphia Probate Process

Posted on Wed Nov 18, 2015, on Probate and Estate Administration

From our “Ask a Question” mailbag: My mother died a resident of Philadelphia, Pennsylvania survived by three sons. She had no will. One of my brothers has signed the renunciation giving me the right to serve as the Administrator. My other brother is homeless and I don’t know where he is, so what can I do?

The Register of Wills may issue Letters of Administration to give authority to someone to act as the Administrator of an estate if the person died without a will. The statue spells out who has a right to serve, and if the person dies without a spouse then each child has the right to serve. Most often, the children will agree on one person to serve and the other children will complete renunciations in favor of that person.

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How do I get a Personal Representative to hold up their end of a will’s terms?

Posted on Mon Nov 16, 2015, on Probate and Estate Administration

From our “Ask a Question” mailbag: My Mom’s will says that all estate money is divided equally between her children. The Personal Representative said she would be writing us equal checks. It has been 9 months and I have not received a check. How do I get her to hold up her end of the will terms?

New Jersey gives the Personal Representative a great deal of unsupervised power to handle the estate. If you feel that this power is being abused, you have the right to force her to appear in court and explain herself. You can hire an attorney experienced in Surrogate’s Court litigation who can file for you a Petition forcing the Personal Representative to file a Schedule of Distribution, which is her road-map plan of how she will distribute the estate’s assets.

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Is the Personal Representative personally liable to the estate beneficiaries?

Posted on Fri Oct 30, 2015, on Probate and Estate Administration

From our “Ask a Question” mailbag: I filed my father’s will with the Surrogate and was named the Personal Representative, but am having second thoughts. My family is litigious. Can I be sued and found personally liable?

By accepting the position of Personal Representative you became a fiduciary with a duty to the beneficiaries. If your family is litigious, you are right to be concerned. All the beneficiaries have the right to petition the Surrogates Court and ask the court to surcharge you should they feel any action you took reduced their inheritance. This could be a sale of land at too low a price, a fee you paid to a creditor, or even your salary.

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What Our clients are saying

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Sharon S.

I contacted Peter through his website using the free consultation link for a question regarding a will. While I was expecting only a few minutes, it was a lengthy conversation. He made sure he understood the situation by asking many questions before offering advice. He then went through my options and results of each one. He left it up to me to decide if I wanted to proceed and did not push me toward one or another. His website has very useful information which I definitely researched before I called him. While I decided not to proceed at this time, I feel I had enough information to make that decision. I would not hesitate to hire him should I need to in the future.

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MJG

Affable...yet surprisingly cerebral estate planning atty. High marks all the way around.

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Anne W.

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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A Google User

Peter Klenk & Associates is my go-to firm for estate planning and advice in probate and estate administration. Peter and his attorneys are top-notch and exceptionally responsive. Peter has the knack of being able to explain extremely complex tax and estate planning issues in a manner that clients are easily able to understand and comprehend allowing them to confidently make important decisions.

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Brian M.

Peter explained a complex subject very clearly, helped us to decide the best approach to managing our estate and then made it very easy for us to execute the required documents. He will be a valuable resource for years to come and clearly has a great understanding of estate law that will lead to innovative solutions for us. I would unhesitatingly recommend him for estate planning.

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