Posted on Tue Feb 16, 2021, on Probate and Estate Administration
From Our “Ask a Question,” Mailbag: “My son lives out of state, so I want to make handing my estate easier for him. How do you avoid probate in New Jersey?” How do you avoid probate in New Jersey? First, let’s make sure you know what you are trying to […]
Posted on Fri Nov 20, 2020, on Probate and Estate Administration
From Our “Ask a Question,” Mailbag: “My estate isn’t that large, but I want to make giving it to my son as easy as possible. How do you avoid probate in Pennsylvania?” How Do You Avoid Probate in Pennsylvania? First, let’s make sure you know what you are trying to […]
Posted on Sat Jan 4, 2020, on Probate and Estate Administration
From Our “Ask a Question,” Mailbag: “I want to make things easy for my children. How Do You Avoid Probate in PA?” How Do You Avoid Probate in NJ? You can avoid probate by taking certain steps. But, these steps can affect how you enjoy your assets during your lifetime. […]
Posted on Wed Dec 19, 2018, on Probate and Estate Administration
From Our “Ask a Question” Mailbag: “Please give me Examples of Avoiding Probate.” Examples of Avoiding Probate: Avoiding Probate with a Revocable Living Trust. Mr. Philadelphia had his Estate Planning Lawyer draft a Revocable Living Trust. Mr. Philadelphia served as the sole trustee during his life and moved all […]
Posted on Wed Feb 21, 2018, on Estate Planning
From our “Ask a Question” Mailbag: Inheritance and Probate Most Recently Updated August 10, 2018. Inheritance and Probate When a person passes away, in some situations, the estate must be settled through a legal process known as probate. This is an important step for beneficiaries to receive assets from the […]
Posted on Thu Sep 8, 2016, on Life Insurance
From Our “Ask a Question” mailbag: Life Insurance is a Non-Probate Asset, Unaffected by You Will:
“My sister went to jail, so mother changed her Will and gave me the entire estate. She forgot to remove my sister from her life insurance. Now I hear life insurance is a Non-Probate Asset. Who gets the life insurance?”
Posted on Thu Jan 28, 2016, on Trusts
From our “Ask a Question” mailbag: I have been reading about trusts to avoid probate. Can a trust help my estate avoid probate?
Trusts come in all shapes and sizes and can help you meet many different goals. If your goal is to avoid probate, you could use a Revocable Living Trust, or you could use any number of different Irrevocable Trusts. Both categories help your estate avoid probate.
Posted on Mon Oct 19, 2015, on Probate and Estate Administration
From our “Ask a Question” mailbag: My husband died a resident of Burlington County without a will. All his assets were owned joint accounts with me. This week, I received a form letter in the mail saying a bank had issued a statement and proof of claim against my husband’s estate and requesting immediate payment in full. It 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. The assets pass to the surviving spouse because of the joint ownership. That being said, avoiding probate this way does not mean that your husband avoided his creditors.
Posted on Sun Oct 18, 2015, on Trusts
From our “Ask a Question” mailbag: There seem to be many different types of trusts. Which one is the best to avoid probate?
Trusts are very flexible estate planning tools. They can be used to avoid creditors, shelter assets from divorce, reduce taxes, and to avoid probate. To avoid probate in New Jersey, you could use a Revocable Living Trust or you could use any number of different Irrevocable Trusts.
Posted on Fri Aug 7, 2015, on Probate and Estate Administration
From our “Ask a Question” mailbag: My husband died a resident of Gloucester County without a will. All his assets were owned jointly with me. This week, I received a form letter in the mail from a creditor saying they had issued a statement and proof of claim against my husband’s estate. Also, they requested immediate payment in full. It 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 the joint ownership. That being said, avoiding probate by using a joint ownership does not mean that he avoided his creditors.
Peter Klenk is the founding member of Klenk Law, a seven attorney boutique estate planning law firm. We serve clients in Pennsylvania, New Jersey, New York, Minnesota and Florida. Peter Klenk received his Masters in Taxation LL.M. from NYU Law School and his J.D. from the University of Minnesota Law School. He served his country in the Navy JAGC during Desert Storm. Easy to talk to, feel free to call Peter for an appointment. We will make the process as easy as possible!
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Affable...yet surprisingly cerebral estate planning atty. High marks all the way around.
Peter is a model attorney who puts his clients first at all costs. His extensive expertise in estate planning and tax planning was a great comfort as we began, and have expanded, our family. He is very thoughtful, generous, and quick witted. His approach towards his business has been an inspiration to his peer group, and his zest for life is extremely infectious. Without reservation, I highly recommend Peter as trusted and cherished counsel
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