Skip to Content

We are a Veteran Owned Business, providing 20% discounts for Veterans, First Responders, Elementary and High School teachers. Please contact us to set up a phone or Zoom meeting. Taking care of you and your family, It's What We Do!

Category: Estate Litigation

What Happens When a Will Goes Missing? Planning for When a Plan Disappears

Posted on Wed Jan 28, 2015, on Estate Litigation

If you can’t find your loved one’s Will – or can only find a copy of the Will – what happens? Let’s look at an example of a judge addressing a typical case. In Falcone Will, the Orphans’ Court Division of Chester County analyzes what happens when beneficiaries attempt to probate a copy of a lost Will in Pennsylvania.

Klenk Law

What information must a Trustee give a Beneficiary in Pennsylvania?

Posted on Mon Jan 26, 2015, on Estate Litigation

My parents were both residents of Delaware County, Pennsylvania. When they died they put my inheritance in a trust and appointed my brother as trustee. What information is he required to give me as trustee of my Trust? As a Beneficiary, is the trustee required to give me updates and financial information of my trust?

In 2006, Pennsylvania adopted the PA Uniform Trust Act. This law imposes a duty on trustees to inform Beneficiaries about the existence of the trust, along with certain current information on the trust.

Klenk Law

Settlement of Wrongful Death Claims in Montgomery County, PA

Posted on Tue Jan 13, 2015, on Estate Litigation

My husband died several years ago, and our son is still a minor. After my husband’s death, my father-in-law was killed in a car accident and his estate was opened in Montgomery County, Pennsylvania. My father-in-law’s personal representative brought a lawsuit against the driver. My father-in-law had no Will, was not married and was survived by my husband’s brother and sister. Because he died without a will, a portion of my father-in-law’s estate passes to my son. The wrongful death suit is being settled, and I am being asked as my son’s mother to approve the settlement. That settlement divides the settlement amount 90% as Wrongful Death and 10% as Survival. Does this division matter to my son?

Klenk Law

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.

Klenk Law

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.

Klenk Law

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.

Klenk Law

What Our clients are saying

Klenk Law Logo
Stars

Chris Kurdelski

Transparent approach and pricing, with prompt and professional response. They understand the various sensitivities of estate planning. Cannot recommend the firm more highly., go with Klenk

Klenk Law Logo
Stars

Dave Wong

Very easy to deal with. Like the fact they are focused on estate planning and their expertise in this area shows. Peter and staff were helpful and easy to communicate with.

Klenk Law Logo
Stars

hinda schuman

very happy to deal with Peter Klenk law firm over many decades

Klenk Law Logo
Stars

Michelle Schamis

Peter explains things in a practical way to help guide you through a rather daunting process. We have been using Klenk Law for years. Highly recommend.

Klenk Law Logo
Stars

Chris Benson

My family and I was pleased with the service, and insight of Klenk Law. All of our questions and concerns were patiently answered. I will be referring this firm to many family and friends to assist with real estate planning etc. Thank Klenk Law

Let us put our expertise to work for you.

Free consultation within 24 hours.