The Probate Attorney is a vital part of the executor's team. 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!

Probate Lawyer Montgomery County, PA

Posted on Mon Sep 19, 2022, on Probate and Estate Administration

 

From Our “Ask a Question” Mailbag: “My mother died in Jenkintown, PA.  Are you a Probate Lawyer Montgomery County, PA?  What does a Probate Lawyer do?”

Probate Lawyer Montgomery County, PA

Probate Lawyer Montgomery County, PA, Peter Klenk

Probate Lawyer Montgomery County, PA.

Most estate executors need a team.  Executors need not know how to carry out all the required tasks.  But, executors must complete all the required tasks.  Because most executors don’t have the experience (or the time) to file tax returns, draft deeds, or assemble settlement agreements, they hire professionals to assist them.  Hiring a team is expected.  The cost of these professionals is deducted from taxes and paid for out of the estate’s assets.  Who are these team members?  Typically an Accountant, a realtor, and in your case, a Probate Lawyer Montgomery County, PA.

The Realtor

If the estate you manage has real estate, you will need a good realtor.  As executor, you are duty bound to maximize the estate assets for the beneficiaries and creditors.  You are personally liable if the sale doesn’t bring the best possible price; a beneficiary or creditor can demand that you make up the shortfall.

For example, if you sell the house to a friend at a $50,000.00 discounted price, the heirs can demand that you pay $50,000.00 into the estate.  A judge would likely agree.  Even if you sell at fair market value, any heir may mistakenly believe the price was too low and file a complaint.  A good realtor can help avoid this problem.  The realtor can assemble comparable prices to justify the selling price.  Further, judges assume that a realtor is trying to maximize the sales price to raise their fee.  Whereas, if you, as a non-professional, sell the property yourself, it may be challenging to prove that you received the best possible price. 

A Probate Lawyer Montgomery County, PA, can also help.  As executor, knowing about the house’s shortcomings isn’t required.  You are free to sell it “as is.” But, the buyer will want you to make promises about the house’s condition.  It is common to find specific “warranties” in the deed on the day of signing that should not exist.  Your Probate Lawyer can protect you from these tactics.

The Accountant

Most people still owe the tax many a payment when they die.  Income taxes are due in April of the following year.  If the decedent lived long enough into the year, the executor is responsible for filing the decedent’s final income tax return.  Most executors do not prepare the decedent’s tax return; they hire an accountant.  If the decedent had an accountant, it makes sense to employ that accountant.  Retaining the deceased’s accountant makes even more sense if he had a business or rental property.  The existing accountant will be familiar with these issues.

While the accountant takes care of income tax returns, your Probate Lawyer Montgomery County, PA will typically prepare any required Estate or Inheritance Tax Returns.  We regularly manage these returns, whereas accountants usually do not.

The Probate Attorney

The Probate Lawyer Montgomery County, PA is typically the final piece of your probate team puzzle. 

Your goal as the executor should be to make sure you don’t get into any trouble.  Your Probate Attorney helps you avoid traps.  We usually help you file the initial probate petition to get your name as executor as smoothly as possible.  Beyond the services mentioned above, the Probate Layer also gives you advice on managing beneficiary expectations, walks you through what can be a somewhat confusing process, and assembles a settlement agreement where every beneficiary releases you from liability.

While we aim to make each probate as easy and boring as possible, sometimes executors can’t avoid a problem.  Your Probate Lawyer is there to address issues as they come up. 

More Information.

This blog is a short answer to the question, what does a probate Lawyer Montgomery County, PA, do.  For more information about Estate Planning, follow this link to my webpage Estate Planning; Probate, Everything You Need to Know.

In Conclusion: Probate Lawyer Montgomery County, PA

I hope you found helpful this short article responding to the question what does a Probate Lawyer Montgomery County, PA do?  I have also included some links for more detailed information.  Contact us if you want to know more or have an estate that needs our help.  Let our Probate and Estate Planning lawyers help walk you through what can be a confusing process.  Feel free to contact our office for a free consultation. 

It’s All We Do Wills, Trusts, Probate, and Estate Litigation!

Tags:

Administrator, Estate Administration, Estate Attorney, Executor, Inheritance Tax, Montgomery County, Probate, Probate Att, Probate Attorney

Peter KlenkPeter Klenk

What Our clients are saying

Klenk Law Logo
Stars

Sharon S.

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.

Klenk Law Logo
Stars

Darryl J.

Answered my question quickly and referred me to a colleague that could handle my problem

Klenk Law Logo
Stars

Dylan Small

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

Klenk Law Logo
Stars

Chantee C.

Peter recently gave a presentation about Wills & Trusts at my employer, and it was fantastic! He was extremely knowledgeable and provided valuable information to the group. People were very engaged and asked several questions, all of which Peter thoroughly answered. Personally, my husband and I have selected Peter to help us with our estate planning, and he has been very helpful in providing us with all of the information we need to provide a secure future for our family. Thank you, Peter!

Klenk Law Logo
Stars

B.A.

Peter Klenk and his associates are responsive and professional - It is a pleasure to work with their team. If you have needs in estate planning or administration, they are the firm to go to in the Philadelphia area!

Let us put our expertise to work for you.

Free consultation within 24 hours.