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Category: Estate Litigation

Can I distribute estate assets if a claim is pending?

Posted on Mon Jun 8, 2015, on Estate Litigation

From our “Ask a Question” mailbag: I am the executor of my mother’s estate in Lehigh County, Pennsylvania. I have advertised the estate and paid all the valid creditors, but a neighbor of my mother has made a claim for $10,000.00 that has no validity. Can I make distribution without paying him?

Although it’s technically possible, the correct answer is that you should not.

As the executor, you are free to make “at risk” distributions. That means if you later lose a claim, you’re personally at risk. Keep in mind, Pennsylvania is a rather creditor-friendly state.

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How to finalize an estate as executor in Philadelphia when faced with conflict?

Posted on Sat May 30, 2015, on Estate Litigation

From our “Ask a Question” mailbag: I am the executor of my mother’s estate in Philadelphia, Pennsylvania. I have sold the real estate, liquidated all the assets, and am ready to distribute, but my sister will not give me a release of liability. What can I do?

You are right to be concerned.

Prior to making distributions from the estate, you should insist on getting a release of liability. This is typically done informally by using what is broadly referred to as a Family Settlement Agreement.

Klenk Law

When should I expect to receive my inheritance?

Posted on Tue May 19, 2015, on Estate Litigation

From our “Ask a Question” mailbag: My Grandmother died three years ago in Lehigh County leaving me a lump sum in her Will. The house is sold and the taxes are paid, but I have not received my inheritance. The executor will not return my calls, what can I do?

As the heir of a Lehigh estate, you have the right to force the executor to provide you with a timeline for when you will receive your inheritance. If the executor will not give you one voluntarily, you can have your Lehigh County Orphans’ Court lawyer file a Petition for Accounting with the court. The executor must reply, or face potential removal and surcharge.

Klenk Law

Compelling an Executor to Release Inheritance in Delaware County, PA

Posted on Thu Apr 2, 2015, on Estate Litigation

My Grandmother died three years ago in Delaware County leaving me a lump sum in her Will. The house is sold, the taxes are paid but I have not received my inheritance. The executor will not return my calls, what can I do?

As the heir of a Delaware County estate, you do have the right to force the Executor to provide you with a time line when you will receive your inheritance. If the executor will not give you one voluntarily, you can have your Delaware County Orphans’ Court lawyer file a Petition for Accounting with the Delaware County Orphans’ Court.

Klenk Law

Exclusive Power of Appointment and Bad Faith in Montgomery County Orphans’ Court Litigation

Posted on Thu Mar 26, 2015, on Estate Litigation

Some form of legal action is the first thought of most children who are disinherited by their parents, especially when their perceived share of the parents’ estate goes to their siblings instead. If it is your intention to create an estate plan that disinherits a child or to challenge a plan that disinherits you, many options exist.

The Orphans’ Court of Common Pleas of Montgomery County, Pennsylvania recently ruled on one parent’s strategy to disinherit in the Zucker Estate.

Klenk Law

Acquiring Releases of Liability as Executor in Delaware County, PA

Posted on Tue Mar 24, 2015, on Estate Litigation

I am the executor of my mother’s estate in Delaware County, Pennsylvania. I have sold the real estate, liquidated all the assets and am ready to distribute, but my sister will not give me a release of liability. What can I do?

You are right to be concerned. Prior to making distributions from the estate, you should insist on getting a release of liability. This is typically done informally by using what is broadly referred to as a Family Settlement Agreement.

Klenk Law

Avoiding Trouble as Executor with a Brother’s Ex-Wife in Atlantic County, NJ

Posted on Mon Mar 23, 2015, on Estate Litigation

I am the personal representative of my brother’s Atlantic County, New Jersey estate and all the assets pass into trust for his minor children. I am worried his ex-wife will object to everything that I do as executor as she is unhappy that she doesn’t get control over the children’s money. What can I do to avoid trouble?

This is one of those situations where no good deed goes unpunished. You are serving as your brother’s executor to make sure your nieces and nephews are properly cared for, but by serving as personal representative you are also responsible for any mistakes or errors you make that reduce the children’s inheritance.

Klenk Law

Compelling Chester County Executor to Pay Your Inheritance

Posted on Mon Mar 16, 2015, on Estate Litigation

My Grandmother died three years ago in Chester County leaving me a lump sum in her Will. The house is sold, the taxes are paid but I have not received my inheritance. The executor will not return my calls, what can I do?

As the heir of a Chester County estate, you do have the right to force the Executor to provide you with a time line when you will receive your inheritance. If the executor will not give you one voluntarily, you can have your Chester County Orphans’ Court lawyer file a Petition for Accounting with the Chester County Orphans’ Court. The executor must reply, or face potential removal and surcharge.

Klenk Law

Acquiring Release of Liability as Executor in Pennsylvania

Posted on Sun Mar 8, 2015, on Estate Litigation

I am the executor of my mother’s estate in Chester County, Pennsylvania. I have sold the real estate, liquidated all the assets and am ready to distribute, but my sister will not give me a release of liability. What can I do?

You are right to be concerned. Prior to making distributions from the estate, you should insist on getting a release of liability. This is typically done informally by using what is broadly referred to as a Family Settlement Agreement.

Klenk Law

Obtaining Release of Liability as Executor in Bucks County

Posted on Fri Mar 6, 2015, on Estate Litigation

I am the executor of my mother’s estate in Bucks County, Pennsylvania. I have sold the real estate, liquidated all the assets and am ready to distribute, but my sister will not give me a release of liability. What can I do?

You are right to be concerned. Prior to making distributions from the estate you should insist on getting a release of liability. This is typically done informally by using what is broadly referred to as a Family Settlement Agreement.

Klenk Law

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