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Tag: Administrator

3 Oct, 2014

Distributing Estate Assets Safely in Gloucester County, NJ

Question: I am the executor of my mother’s estate in Gloucester County, New Jersey. How do I know when it’s safe to distribute the assets of an estate?

As the executor of an estate, that person is a fiduciary, and owes a duty to the beneficiaries. The executor also is the representative responsible to satisfy all valid estate debts prior to making distributions. Creditors include any taxes due, such as the mother’s final income tax return and the New Jersey Estate Tax return.

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2 Oct, 2014

PA Inheritance Tax in Chester County, PA

If an executor sells his mother’s Chester County home, does he have to pay the Pennsylvania probate tax before dividing up the sale proceeds with his siblings?

First, let’s clarify a few things. In Pennsylvania, the “probate tax” is the Pennsylvania Inheritance Tax. Because the estate is being divided up between the mother’s children, that rate is 4.5% on the date of death value of her entire taxable estate. The taxable estate includes the house.

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1 Oct, 2014

Re-Opening an Estate in Atlantic County, NJ

Question: How do I reopen a closed estate in Atlantic County? My brother served as executor of my father’s estate and in the will I was named as the successor executor. My brother has since died, and I have discovered more assets.

First, understand that an estate is never “closed”. Estates run out of things to do and the file might be moved from the Atlantic County Surrogate’s Office long-term storage area, but once someone is named as executor, they continue to be the executor.
That being said, if the successor executor has discovered more assets that belong to the father and, if the original executor were still alive, it would be a simple matter to get updated paperwork from the Atlantic County Surrogate to prove he is still the executor.

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19 Sep, 2012

Estate Administration in a Digital Age

Today, people utilize the Internet and social media more than ever before, raising new issues for estate administration. Many people receive bank, credit card, and utility statements electronically, and practically everyone has a Facebook account. Electronic mail and Facebook may hold important information for a personal representative seeking to administer an estate.¹ Obtaining access to that information, however, is a brand new area in probate law.

In some cases, the personal representative may know the password to the decedent’s email, Facebook, and Twitter accounts. In these cases, accessing bills and statements as they come in is relatively easy. But is a personal representative² authorized to access these accounts? In situations where the personal representative does not know the password, how can they obtain it?

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6 Aug, 2012

Dying Without a Will in New Jersey

Many New Jersey residents will die without a Will. Many will die unexpectedly before they can prepare a Will, but most people simply just don’t get around to writing a Will. If you die without a Will in New Jersey, you are said to die “Intestate”, or without testamentary documents. It is not true that if you die without a Will in New Jersey that your assets pass to the state. Instead, a set of rules decide who is in charge of your estate and to whom your assets pass.

Surrogate’s Court: If a New Jersey relative of yours dies without a Will (“Intestate”), and you wish to represent that person’s estate, you must get permission though the Surrogate’s Court. Each county has a Surrogate’s Court, so the first step is to determine which Surrogate’s Court has jurisdiction over the estate. For example, if the deceased was a resident of Camden County but died in a Berks County hospital, it is the Camden County Surrogate’s Court that has jurisdiction over the case. At times a person becomes ill and moves just prior to death. For example, if a person lived her entire life in Gloucester County, but became ill and moved to her daughter’s house in Atlantic County two months before she died and she would have never moved but for the illness, the Gloucester County Surrogate’s Court has jurisdiction over the estate.

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David Major

Had our will done with Peter and his team. Made the process super easy and understandable. His team lead by Laura Parisi were always available for questions and assistance. Professional and personable they made what can be a challenging experience hopeful and graceful. Cannot recommend their services enough!

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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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Callista O “Callista O” Chukwunenye

I knew I needed to update my Estate Planning documents created 15 years ago, yet I kept putting it off. Peter, in his no pressure way nudged me to finally check it off my list. The admin staff of Klenk law were very respectful and responsive in working with me to set up dates and times that work for me to talk with Peter over the phone regarding what I wanted to update. Peter answered my questions and explained some things to me. This helped me on some of my estate decision. After our phone talk, I received a draft of the updated documents, and was allowed ample time to review them prior to a final review with Peter over the phone. This pre-signing reviews made the in-person signing time very short. I would highly recommend Klenk Law, because Peter and his staff were professional but friendly, and thorough in the estate planning work they did for me. Thank you, Peter!

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Chris Nezu

Klenk Law is a professional and class act from start to finish. Peter, and all of his staff members are patient, clear, and trustworthy, all within the context of a user friendly, kind, and comfortable ambience.

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Karen Borda

This law firm is outstanding! Fast, efficient, friendly! Peter Klenk and his associates are awesome.

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