Klenk Law

Tag: Estate Litigation Lawyer

What is the time limit to contest a will in New Jersey?

Posted on Mon Aug 17, 2015, on Will Contests and Will Challenges

From our “Ask a Question” mailbag: My brother has filed a will with the Surrogate that I believe is not my mother’s will. I want to contest the will, but how long do I have to file the will challenge?

Once the will is filed and accepted by the Surrogate, to challenge the will you must have a complaint filed in the proper format with the New Jersey Superior Court Clerk. If you are a New Jersey resident, you only have four months to file the complaint. if you live outside New Jersey, you have six months.

Philadelphia Power of Attorney Formal Accounting

Posted on Fri Jul 31, 2015, on Formal Accounting

From our “Ask a Question” mailbag: My mother named me her power of attorney. For years, I used it to pay her bills and care for her. My mother recently died in Philadelphia without a will. My sister thinks I stole some money, but that is not true. She has served me a citation to account for my actions under the power of attorney, what do I do now?

By accepting the position of agent through your mother’s Power of Attorney, you became a fiduciary. As a fiduciary, you owed your mother a duty to look out for her best interest. But that job also comes with the obligation to explain your actions as Agent to certain people.

Executor Wrongdoing in Camden County, New Jersey – Steps Needed

Posted on Wed Jul 29, 2015, on Estate Litigation

From our “Ask a Question” mailbag: For years, my parents lent money to my cousin and his wife to pay their children’s education. To my surprise, at their deaths, my cousin’s wife was named executor. She “hired” my cousin who is a CPA to handle the estate’s books. Over a year has passed and they refuse to give me any information about the estate and are calling the loans to them, “gifts”. What can I do?

I take it that you are the residuary beneficiary of the will? If so, you have the right to demand through a formal accounting to know where every penny went and a justification for every expense. You also have a right to investigate whether all those years of funding education and other money transfers were gifts or loans.

Elder Financial Scam Allegedly Left No Estate Money, Philadelphia

Posted on Wed Jul 29, 2015, on Elder Financial Scams

From our “Ask a Question” mailbag: When my father became very ill two years ago, we hired a full time caretaker to help him. We live in California and my father lived in Philadelphia, so we could not be there at all times. At his death, we were shocked to find out that his will was changed and the caretaker was the executor. She says all his money was spent on medical care, but that is impossible. We are now being told we are the heirs, but there is no money. I suspect she has stolen his money. What can I do?

You have a few options. If the will has been filed and accepted by the Register, you could appeal the validity of the will to the Philadelphia Orphans’ Court.

Where should I store my power of attorney in Montgomery County?

Posted on Thu Jul 23, 2015, on Power of Attorney

From our “Ask a Question” mailbag: I have signed a General Power of Attorney giving my daughter the power to act for me, but I don’t want her to have it yet. I only want her to have it when (and if) I become unable to care for myself. Should I keep it in my safe deposit box? We both live in Montgomery County, so she is close by.

The problem with putting your General Power of Attorney in your safe deposit box is that if you become incapacitated, your daughter will likely be unable to get into the box. If you have died, there is a process to open the box. But, that process is much more complex if you are still alive and incapacitated.

Protecting PA Inheritance from an Untrustworthy Executor

Posted on Wed Jul 15, 2015, on Formal Accounting

From our “Ask a Question” mailbag: I am a beneficiary in a will that has been through probate. Unfortunately, the executrix is very untrustworthy, and I feel that she has been spending all the money in the deceased’s accounts. Neither she, nor her attorney, have provided me with any accounting of any accounts. Is there any way that I could freeze the accounts before all the money is spent?

Executors in Pennsylvania are given a great deal of power to act on their own, without court supervision. This works well when the Executor is honest, as the estate can be managed less expensively. If the Executor is untrustworthy, though, this system can fail unless the beneficiaries enforce their interests.

How to defend my use of Power of Attorney in Camden County, New Jersey?

Posted on Thu Jul 2, 2015, on Formal Accounting

From our “Ask a Question” mailbag: My mother named me her Agent under her Camden County, New Jersey Power of Attorney, and I cared for her for years. Now my sister claims I embezzled and stole money using the Power of Attorney. How do I clear my name?

As Agent, you are permitted to retain a Camden County Surrogates Court Attorney to assist you in filing a Formal Accounting of all your actions as Agent. This accounting is then provided to all interested parties, who are free to either accept the terms or object.

How do I get answers about an inheritance in Gloucester County?

Posted on Wed Jul 1, 2015, on Estate Litigation

From our “Ask a Question” mailbag: My husband’s aunt willed him a share of the proceeds of her jewelry, but the executor told us that the money was mine and sent me a check. We looked up the will ourselves at the Gloucester County Surrogate, and it looks like my husband should get more money. The executor will not answer our questions, so what can we do?

As an heir listed in the will, your husband has the legal right to force the executor to account for the estate. New Jersey has a system where the executor, or personal representative, is given a great deal of freedom without official oversight. This system relies on the heirs bringing mismanagement to the Surrogate’s attention.

What are the consequences of making an at risk distribution?

Posted on Mon Jun 29, 2015, on Estate Litigation

From our “Ask a Question” mailbag: I am the executor of my Mother’s estate in Chester County, Pennsylvania. I have advertised the estate and paid all the valid creditors, but a neighbor of my mother has made a claim for a five-figure sum of money that has no validity. Can I make distribution without paying him?

The quick answer is yes, but the right answer is that you should not.

As the executor, you are free to make “at risk” distributions, meaning a distribution that may put you personally at risk. Any experienced Chester County probate lawyer should advise you that ignoring your mother’s neighbor could put yourself at risk. Remember, even when your attorney’s asking you to slow down or take a few extra steps, they’re trying to prevent you from causing yourself more problems later on. You might be motivated to close out your duties quickly, but that neighbor could make some major hassles for you—even if their claim’s not valid.

What Our clients are saying

Stars

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

Stars

Peter was excellent. He explained everything very clearly and is super friendly. My wife and I originally tried using a lawyer through group legal coverage, but unfortunately the old adage - "you get what you pay for" - applied to the other lawyer, and we decided to go with a real professional.

Stars

When it came down to picking the right attorney to handle my affairs, I knew right away it was this firm. From speaking to their secretary to speaking to Peter I knew I was making the right decision. After only a few mins Peter knew right away what I was looking for and handled all my questions professionally and even gave me great feedback that put my mind at ease. All that without even giving a single penny! So of course I hired him! So far so good...

Stars

AWESOME LAWYER! Peter Klenk is an exceptional attorney and a very nice person! Today I spoke with Peter about estate planning and was impressed with by his professionalism, cordiality, and attention to detail. I highly recommend Klenk Law for probates, wills, trusts, and other issues germane to estate planning!

Stars

Great friendly staff

Stars

Tremendous firm with bright, kind and tenacious people. Great representation for our family.

Stars

I'm totally satisfied with Klenk Law. Peter has a great legal mind with the personality of the guy next door.

Stars

Everything about my experience was a 10+! Peter and his staff made what I thought would be a difficult process easy and understandable. Every detail was handled correctly. No other firm could possibly do better than Klenk Law!

Stars

Peter and his staff are very responsive and always willing to help my clients and in a cost efficient manner.

Stars

Like another reviewer, I contacted Peter through his website using the free consultation link, for a question regarding PA inheritance taxes. The question was quite technical and difficult to explain, and the answer was nowhere to be found on the web. Peter grasped precisely what I was asking, and provided a clear, helpful response (with a touch of humor) the very next day.

Stars

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

Stars

Mr. Klenk, quickly understood the circumstances presented and provided clear and concise advice. This advice provided me with the information I required to progress the case to my advantage.

Stars

Peter is excellent. I had a very complicated situation with my parents' estate planning and potential Medicaid needs. Peter was very knowledgeable in estate planning matters, able to define the best solution for the situation. Additionally, he was congenial and able to communicate effectively to my senior citizen parents the benefits of estate planning. He earned my trust, and more importantly, my parents' trust in a 45 mins consultation period. Highly recommend Peter. He is very easy to work with.

Stars

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!

Stars

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

Stars

Peter explained things in a way that was easy to understand. Everything was done in the time frame he said it. Could not have been better!

Stars

You & your staff are the best thank you for everything.

Stars

Peter and his staff handled all of our needs in a very professional and timely matter.

Stars

Peter Klenk made a complex subject understandable and allowed us to move forward with our estate planning. He was patient with our questions and creative in the solutions he proposed.

Stars

Peter explained a complex subject very clearly, helped us to decide the best approach to managing our estate and then made it very easy for us to execute the required documents. He will be a valuable resource for years to come and clearly has a great understanding of estate law that will lead to innovative solutions for us. I would unhesitatingly recommend him for estate planning.

Stars

Fantastic customer service. Very personable and most importantly they provide great explanations of what is required based on your individual needs. Highly recommend Klenk Law for anyone that needs to create a will and estate documents.

Stars

Always professional and very responsive. Everyone on the staff that I have worked with. I look forward to continuing our relationship.

Stars

Surprisingly easy

Stars

Affable...yet surprisingly cerebral estate planning atty. High marks all the way around.

Stars

Peter and his associates made things easy for us.

Let us put our expertise to work for you.

Free consultation within 24 hours.