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30 May, 2015

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

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.

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29 May, 2015

Can my creditors go after a disclaimed life insurance policy in Philadelphia?

From our “Ask a Question” mailbag: Last year, my mother died in Philadelphia and named me as beneficiary of her life insurance. As my children were the contingent beneficiaries, I decided to disclaim the inheritance, and the insurance money passed to my children. I was recently in a car accident. If I am sued can they claim that life insurance money?

No one can force you to take an inheritance. If you properly disclaimed your interest in the life insurance, then you never received it.

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20 May, 2015

Is Long Term Care Insurance a good idea for LGBT couples?

From our “Ask a Question” mailbag: I am in a long-term, same-sex relationship with my partner. She happens to be much older than I, and I am concerned about the expenses of caring for her as she gets older. Would Long Term Care Insurance be a good option?

I have had clients use Long Term Health Insurance as a useful tool in their estate plan. Clients typically get the best use from this tool when they thoughtfully look ahead to the potential expenses of old age and work closely with their financial advisors. Specifically, I ask clients to examine whether their savings for retirement are adequate to address the costs of an unexpected, serious health problem.

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19 May, 2015

When should I expect to receive my inheritance?

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.

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13 May, 2015

How to File a Formal Accounting to Bring The Estate to an End

From our “Ask a Question” mailbag: I have served as the Executor for my mother’s Delaware County estate for over a year and wish to close the estate, but my brother claims that I have embezzled money from the estate. This is ridiculous, but how can I close the estate while he makes these claims?

It is unfortunate that your brother is making these claims, but there is a forum available to you that will allow you to bring the estate to a close.

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8 May, 2015

Do lifetime transfers avoid estate tax in Delaware County, PA?

From our “Ask a Question” mailbox: My father wants to transfer a rental property he owns in Delaware County into my name. If he does, will this gift avoid Pennsylvania Inheritance Tax?

As a Delaware County resident, at your father’s death, all assets he leaves you at death (except life insurance) will be subject to the Pennsylvania Inheritance Tax at the 4.5% children’s rate.

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7 May, 2015

When you should fire your probate attorney in Burlington County

From our “Ask a Question” form: I am a New Jersey resident serving as the Personal Representative of my mother’s Burlington County, New Jersey Estate. I hired a Burlington County attorney to probate the estate and help me administer the estate, but I cannot get her to return my calls. What can I do?

As the Personal Representative, the Probate Attorney works for you. You hire the Probate Attorney, and you can fire the Probate Attorney.

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9 Apr, 2015

Do I need a doctor’s note to use my Mom’s Power of Attorney in Camden County, New Jersey?

My mother, who lives in Camden County, New Jersey, is having serious health problems. She wants me to be able to use her general power of attorney, but it requires a doctor’s note saying that she is incapacitated. Is that normal?

Your mother has a “Leaping” Power of Attorney which, at one time, was the normal document that Camden County Estate Planning Lawyers would prepare. A Leaping Power of Attorney gives the “Agent” the power to act for the person if…and only if…that person has become incapacitated, and the Agent can secure a letter from the person’s doctor stating that the person is incapacitated. Without the letter, the power of attorney is useless.

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8 Apr, 2015

Should I appoint my two kids as co-executors of my Will in Camden County?

I am a resident of Camden County, New Jersey and want to modify my Will. My two children are older and I want to name them as co-executors. Is naming my children as co-executors a good idea?

Naming your children as co-executors (or “personal representatives”) of your Will can be a fine idea, or a terrible idea, depending on your children. You need to be honest with yourself about how well your children’s personalities work (or do not work) together.

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Maureen O'Ryan

Peter Klenk was great at explaining complicated issues and making them understandable. He and his team were extremely efficient and I highly recommend them for the creation of wills and trusts.

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Keith Austin

The Klenk team smoothly helped my family with the often thick and cumbersome estate planning documents. We would recommend them for this type of work! Thank you, Klenk Law!

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Alex Mangas

Extremely professional services with courteous, responsive communication. Would recommend to anyone.

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Joseph Atencio

I've been through the process of creating and revising estate documents several times over the years and it's never been easier than it was with Peter Klenk. Always available and a master at explain arcane tax and legal issues in plain English for "dummies". I recommend the firm without reservation.

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Holger Bäuerle

We have been using Klenk law for a decade. Always good advice and fast execution. Highly recommended!

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