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: Probate and Estate Administration

Does signing the Executor’s release in Philadelphia waive my right to ask questions?

Posted on Mon Jul 20, 2015, on Probate and Estate Administration

From our “Ask a Question” mailbag: The lawyer serving as the executor for my aunt’s Philadelphia estate has sent me documents called an Informal Account and a Receipt, Release, Refunding and Indemnification Agreement. If I sign this, do I waive my rights to ask any questions?

As a beneficiary of your aunt’s estate, you have the right to have a probate attorney force the executor to file a Formal Account with the Philadelphia County Orphans’ Court. But, assembling a Formal Accounting will be a cost to the estate and may reduce your inheritance. Typically, when there are no disputes, the executor will instead assemble an Informal Accounting of the estate’s assets and expenses. This Informal Accounting is then submitted to the Beneficiaries for review.

Klenk Law

Who pays the funeral bill in Montgomery County?

Posted on Mon Jul 20, 2015, on Probate and Estate Administration

From our “Ask a Question” mailbag: My father died in Montgomery County divorced from my mother and without a will. I have one sister who is younger than me. Am I responsible for his funeral bill?

Typically, when a person dies, the family will make arrangements with the funeral director to pay the bill themselves and then are reimbursed by the estate. Often, the funeral director will not take on the expense of the funeral without knowing they will be paid. Your question makes it sound as if you did not agree ahead of time to be responsible for the bill. If so, then you are not responsible to pay the bill, although I am sure your father’s funeral director would prefer that you pay that bill.

Klenk Law

How do I get reimbursed for care given to my father in New York?

Posted on Thu Jul 16, 2015, on Probate and Estate Administration

From our “Ask a Question” mailbag: During the final months of my dad’s life, I moved him into my house and provided nearly around-the-clock care for him. My sister, who lives nearby, hardly ever showed up. Now that we have filed the will, the estate is divided up equally between my sister and I. She refuses to recognize that I should be repaid for the time and expense that went into those last few months. Can I make a claim for reimbursement?

You can always make a claim as a creditor of the estate and you will get a hearing on the matter. But, if there is nothing in writing from your father about hiring you as a caretaker or about reimbursing you for the time and expense, then the court will likely find that you are not a creditor.

Klenk Law

Do my husband’s children inherit my husband’s half of the house?

Posted on Wed Jul 15, 2015, on Probate and Estate Administration

From our “Ask a Question” mailbag: My husband died a resident of New Jersey and we owned a house together in Atlantic County which is in both of our names. He has two children from a prior marriage. Do his children get any ownership in the house?

The answer will depend on how you both owned the house together. You wrote that you owned your house “in both names,” which could mean you owned the house in any of three different ways.

Klenk Law

How do I sell a deceased relative’s stock?

Posted on Mon Jul 13, 2015, on Probate and Estate Administration

From our “Ask a Question” mailbag: My grandmother died in Chester County without any real assets, except for a small bank account and some solely owned stock. Her will says her assets are to pay her last bills and anything left is divided among the grandchildren. We’re confused as to how to sell the stock. Do we have to sell it through Computershare or can we sell it through any brokerage?

During her lifetime, the stock and bank account could only be accessed or liquidated by your grandmother. Now that she is dead, the accounts will sit until an authorized person contacts the bank and brokerage. Since your grandmother died with a will, it likely names an executor. That person needs to take the will to the Chester County Register of Wills along with the death certificate, legal identification and a checkbook.

Klenk Law

Creditor Claims Against Husband’s Atlantic County Estate

Posted on Fri Jul 10, 2015, on Probate and Estate Administration

From our “Ask a Question” mailbag: My husband died a resident of Atlantic County without a will. All his assets were owned joint accounts with me. This week, I received a form letter in the mail saying they had issued a statement and a proof of claim against my husband’s estate. They’re also requesting immediate payment in full. The letter is addressed to his estate, but came in the mail to me. What should I do?

When someone dies without a will and all their assets are held jointly with a spouse, there is no need to file a will as the assets pass to the surviving spouse because of joint ownership. That being said, avoiding probate by using a joint ownership does not mean that he avoided his creditors.

Klenk Law

Do I need to probate in Camden County, New Jersey?

Posted on Thu Jul 9, 2015, on Probate and Estate Administration

From our “Ask a Question” mailbag: My entire life, I have lived in Camden County, New Jersey. My parents and lived in Camden, and so do I. My father died two years ago, and my mother passed away last week. I was an only child, everything in my mother’s will was left to me, and I am executor. Do I need to probate her will, or open an estate? Her only assets were the family home (valued at $600,000) and her car.

The short answer is: yes, because you cannot transfer the deed without going through probate. In New Jersey, there are only a few cases where there is no need to probate a will.

Klenk Law

Is there a statute of limitations for estate creditors to come forward in PA?

Posted on Wed Jul 8, 2015, on Probate and Estate Administration

From our “Ask a Question” mailbag: I am the executor of my Father’s estate in Delaware County, Pennsylvania. I want to distribute the estate assets according to the will. Is there a statute of limitations, or a time period for creditors making claims against the estate? If I distribute the assets, can I be held responsible if creditors make a claim?

First, your father’s death did not end his obligation to pay unpaid bills. By taking on the job of executor you have the power and responsibility to assemble his assets and pay those bills. Compared to other states, Pennsylvania is rather creditor-friendly.

Klenk Law

Montgomery County Reimbursement Options for Relative Care

Posted on Wed Jul 8, 2015, on Probate and Estate Administration

From our “Ask a Question” mailbag: Before she died, my mother-in-law lived in my Montgomery County, Pennsylvania house and required around-the-clock care, which I provided. My husband’s brother and sister did not even visit. Now that she has died, her estate is being divided up between the children and they refuse to compensate me for all the work I did caring for their mother. Can I make a claim to be paid?

Your mother-in-law’s estate is to be divided up between the heirs as her will dictates, or through the rules of intestacy if she had no will. Prior to the division of the assets, all creditors must be paid.

Klenk Law

Rent Money Owed at Death in Camden County

Posted on Tue Jul 7, 2015, on Probate and Estate Administration

From our “Ask a Question” mailbag: My Dad passed away this month. When he died, I found out that I was still on his Camden 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 every 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. 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 executor 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

What Our clients are saying

Klenk Law Logo
Stars

Sharon A.

We recently used Peter's firm to update our wills and trusts. We found he and his staff to be well-informed, professional and highly efficient. And equally valuable, Peter explains the law in terms that a layperson can readily understand.

Klenk Law Logo
Stars

A.R.

Peter and his associates made things easy for us.

Klenk Law Logo
Stars

Chris B.

AWESOME LAWYER! Peter Klenk is an exceptional attorney and a very nice person! Today I spoke with Peter about estate planning and was impressed with by his professionalism, cordiality, and attention to detail. I highly recommend Klenk Law for probates, wills, trusts, and other issues germane to estate planning!

Klenk Law Logo
Stars

Brandon. L

Peter was excellent. He explained everything very clearly and is super friendly. My wife and I originally tried using a lawyer through group legal coverage, but unfortunately the old adage - "you get what you pay for" - applied to the other lawyer, and we decided to go with a real professional.

Klenk Law Logo
Stars

Dylan Small

Peter provided outstanding advice and preparation of a will and trusts.

Let us put our expertise to work for you.

Free consultation within 24 hours.