Klenk Law

Tag: Chester County

How-Much-Life-Insurance

How Much Life Insurance Should I Have as Part of my Estate Plan?

Posted on Sun Nov 6, 2016, on Estate Planning

Our “Ask a Question” mailbag addresses the question, how much life insurance should I have?

“I recently had a baby, and it is time to buy some life insurance. But, I feel like I am being sold rather than advised. How much life insurance should I have? Lastly, is there a general rule about how much life insurance I should have as part of my estate plan?”

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

Posted on Wed Dec 23, 2015, on Estate Planning

From our “Ask a Question” mailbag: Last year, my mother died in Chester County and named me as beneficiary of her life insurance. As my children were the contingent beneficiaries, I decided to disclaim the inheritance, so 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?

When to challenge a forged will in Chester County?

Posted on Sun Nov 1, 2015, on Estate Litigation

From our “Ask a Question” mailbag: My neighbor said that she was going to leave me money in her will. But, at my neighbor’s death, a friend of hers filed a will with the Chester County Register of Wills that gave everything to the friend. I think the will is a forgery. Is there a statute of limitations period for me to challenge the will?

Yes. If you had acted before the will was filed, you could have had your Chester Probate Attorney file a caveat with the Chester County Register of Wills. This would have prevented the friend from obtaining Letters Testamentary until you had the chance to review the Will and decide if you were going to contest it.

Can An Executor Sell Estate Property Without Beneficiary Approval?

Posted on Thu Oct 15, 2015, on Probate and Estate Administration

From our “Ask a Question” mailbag: My father recently died a resident of Chester County, PA, but he owned a nice parcel of land in Susquehanna County, which has a Marcellus Shale gas lease. I found a buyer at a great price, as I am worried that the recent drop in oil prices could reduce the land’s value.

My brother was left out of the will, for very good reasons. He contacted the buyer and told him he plans to challenge the will. Now, the buyer might try to back out, as he doesn’t want to get stuck in litigation. My brother is full of bull: he never will challenge the will, as he knows it is bulletproof, but he knows he can draw this out and cause me trouble. What can I do?

Normally, your brother has one year from the date of the will’s filing to bring his Will Challenge. So, if you do nothing, then you just have to wait for the year to expire.

What good is a prenup? My father says I need a prenup, but I don’t own much.

Posted on Wed Oct 7, 2015, on Estate Planning

Even though you do not have much now, your father is likely worried about what you will inherit from him and what you will earn in the future. I would imagine your father has witnessed what appeared to be happy marriages that descended into warfare. He is trying to help you avoid some of that pain if your upcoming marriage doesn’t work out.

What does “Close the Estate” mean?

Posted on Tue Oct 6, 2015, on Probate and Estate Administration

From our “Ask a Question” mailbag: My father named me the Executor of his estate. I filed his will with the Register of Wills in Chester County, paid the Pennsylvania Inheritance Tax, and took care of all his bills. There was very little money left for my sister and I, and I divided that between us. How do I now “Close the Estate”?

You will not find anything in the packet of information from the Chester County Register of Wills about how to “Close the Estate,” because it never really happens. The term refers to when the final assets of the estate are distributed, which normally means that the Executor has run out of things to do.

My brother is having the court declare my sister incapacitated in order to steal her money. What can I do?

Posted on Tue Oct 6, 2015, on Estate Planning

From our “Ask a Question” mailbag: My sister suffers from mental illness, and is currently so depressed she cannot get out of bed. She is a smart woman and has a house and plenty of savings. Our brother is a parasite, and has filed a petition to have her declared incapacitated so he can be put in charge of her money. I am sure he will steal her money if he is given the chance. What can I do?

The Guardianship process in Pennsylvania gives all interested parties the chance to bring to the court’s attention concerns about the incapacitated person and the security of their assets. You, as an interested person, have the right to retain an attorney who is experienced in Guardianship hearings to bring your concerns to the court’s attention.

My best friend promised to leave me her house, but never changed her will. What now?

Posted on Wed Sep 30, 2015, on Estate Planning

From our “Ask a Question” mailbag: My best friend repeatedly promised to give me her Chester County house in her will. She died recently and her son, who did not talk to her for 40 years, has filed a will from the 1970s that gives him everything. Can I challenge that Will?

If I understand the facts correctly, your best friend died and to the best of your knowledge, her most recent will was the one her son filed with the Chester County Register of Wills. That will is very old, but as far as you know, is the most recent will she signed. Though she verbally promised to give you the house in Chester County, she failed to write a new will.

If these are the facts, then you will not be able to successfully challenge the Will for two reasons.

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