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Klenk Law

Category: Estate Litigation

Pennsylvania Wrongful Death and Survival Action

Posted on Mon Dec 22, 2014, on Estate Litigation

What recourse exists when a loved ones death is caused by the negligent, reckless or intentional actions of another? In most instances, the family will ask the Personal Representative of the estate to bring Wrongful Death and Survival Action claims. Although they are frequently brought together, there are key differences to focus on, and consider, when bringing these claims in any state. This article uses the Pennsylvania Wrongful Death and Survival Action statues, which are similar but not identical to those in neighboring New York and New Jersey, to address these differences between a Wrongful Death and Survival Action. For each claim we’ll examine (1) who can bring the claim when, (2) why the claim is brought, and (3) how the proceeds are divided.

Keeping an Eye on the Personal Representative in Florida

Posted on Fri Nov 7, 2014, on Estate Litigation

Beneficiaries of Florida estates will often approach us asking our help in keeping an eye on the estate’s Personal Representative (in most states this person is called an executor). This is often the result of the Personal Representative not sharing information about the estate with the beneficiary, the Personal Representative’s unreasonable delays, or when the Personal Representative’s behavior has raised the beneficiary’s concern.

Acquiring Copies of a Will and Irrevocable Trust in Philadelphia County, PA

Posted on Thu Oct 16, 2014, on Estate Litigation

Question: My son’s Godparents both died in Philadelphia with a will and a Revocable Living Trust and the executor will not give me a copy. How do I get a copy of the will and the Revocable Living Trust?

First, the father needs to understand the documents he is requesting. The Will is the document that is filed with the Philadelphia Register of Wills and which then dictates where the deceased’s assets pass after death.

Beneficiaries and an Unresponsive Executor in Atlantic County, NJ

Posted on Wed Oct 15, 2014, on Estate Litigation

Question: My father died over two years ago and the executor has not yet sold the Brigantine house and will not return my calls, what can I do?

The executor is a fiduciary, with an obligation to follow the terms of the Will.
First, the beneficiary should examine the Will. Does the Will give any specific instructions concerning the house? Klenk Law often states in the Wills they draft that real estate “shall be sold”, to be clear that the executor needs to move forward selling the property.

Process for Removing a Trustee in Camden County, NJ

Posted on Sun Oct 5, 2014, on Estate Litigation

Question: Can a Trustee be removed because he did not inform the beneficiaries of the irrevocable trust when they came of age? This Trust is in Camden, New Jersey.

Maybe.

A trustee removal action can be a long and painful process, so no action should be taken without having an experienced New Jersey Surrogates Court attorney review the trust and interview the interested parties.

Estate Litigation Mediation as an Alternative to Orphans’ Court Litigation

Posted on Mon Aug 25, 2014, on Estate Litigation

Normally, if a dispute regarding a Will or Trust cannot be settled between the parties, the dispute is heard by one of the Orphans’ Court Judges. These hearings can last several days, require months of preparation, may involve dozens of witnesses and experts costing the parties large sums of money. In some cases, this is the only way to settle the dispute. In other cases Mediation is a reasonable alternative to an Orphan’s Court hearing.

What Our clients are saying

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Peter Klenk ESQ is a thoughtful and capable attorney who we work with on estate planning issues. His firm recently provided us with new Wills, Power of Attorneys and our instructions regarding major health issues. These documents are important for estate and life planning. Peter and his team are masters in the complexities of Estate Law. We highly recommend Peter and his Associates to provide thoughtful advice and outstanding work on these complex issues of the law. Make sure your estate planning documents are up to date, and Peter can be relied on to do an excellent job. Well done Peter!

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Peter is excellent. I had a very complicated situation with my parents' estate planning and potential Medicaid needs. Peter was very knowledgeable in estate planning matters, able to define the best solution for the situation. Additionally, he was congenial and able to communicate effectively to my senior citizen parents the benefits of estate planning. He earned my trust, and more importantly, my parents' trust in a 45 mins consultation period. Highly recommend Peter. He is very easy to work with.

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Great friendly staff

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I was referred to Peter after my divorce to put documents together to protect my assets. He suggested a number of documents that would help protect my children and their future. Also, he put together wills, power of attorney and living wills. I initially spoke with him on the phone, he took 30-40 minutes to understand my situation and explain the benefits of having such documents. After a week or two, I met with him in his office and signed the documents. Everything else was remote phone calls and emails. He re-explained these documents and what whom to share. I am in good hands.

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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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