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Klenk Law

Tag: Estate Litigation Lawyer

Avoiding Trouble as Executor with a Brother’s Ex-Wife in Atlantic County, NJ

Posted on Mon Mar 23, 2015, on Estate Litigation

I am the personal representative of my brother’s Atlantic County, New Jersey estate and all the assets pass into trust for his minor children. I am worried his ex-wife will object to everything that I do as executor as she is unhappy that she doesn’t get control over the children’s money. What can I do to avoid trouble?

This is one of those situations where no good deed goes unpunished. You are serving as your brother’s executor to make sure your nieces and nephews are properly cared for, but by serving as personal representative you are also responsible for any mistakes or errors you make that reduce the children’s inheritance.

Compelling Chester County Executor to Pay Your Inheritance

Posted on Mon Mar 16, 2015, on Estate Litigation

My Grandmother died three years ago in Chester County leaving me a lump sum in her Will. The house is sold, the taxes are paid but I have not received my inheritance. The executor will not return my calls, what can I do?

As the heir of a Chester County estate, you do have the right to force the Executor to provide you with a time line when you will receive your inheritance. If the executor will not give you one voluntarily, you can have your Chester County Orphans’ Court lawyer file a Petition for Accounting with the Chester County Orphans’ Court. The executor must reply, or face potential removal and surcharge.

Acquiring Release of Liability as Executor in Pennsylvania

Posted on Sun Mar 8, 2015, on Estate Litigation

I am the executor of my mother’s estate in Chester County, Pennsylvania. I have sold the real estate, liquidated all the assets and am ready to distribute, but my sister will not give me a release of liability. What can I do?

You are right to be concerned. Prior to making distributions from the estate, you should insist on getting a release of liability. This is typically done informally by using what is broadly referred to as a Family Settlement Agreement.

Obtaining Release of Liability as Executor in Bucks County

Posted on Fri Mar 6, 2015, on Estate Litigation

I am the executor of my mother’s estate in Bucks County, Pennsylvania. I have sold the real estate, liquidated all the assets and am ready to distribute, but my sister will not give me a release of liability. What can I do?

You are right to be concerned. Prior to making distributions from the estate you should insist on getting a release of liability. This is typically done informally by using what is broadly referred to as a Family Settlement Agreement.

Getting the Executor to Pay Your Bucks County Inheritance

Posted on Thu Mar 5, 2015, on Estate Litigation

My Grandmother died three years ago in Bucks County leaving me a lump sum in her Will. The house is sold, the taxes are paid but I have not received my inheritance. The executor will not return my calls, what can I do?

As the heir of a Bucks County estate, you do have the right to force the Executor to provide you with a time line when you will receive your inheritance.

Precautions to Avoid Liability as a New Jersey Executor

Posted on Thu Mar 5, 2015, on Estate Litigation

I am the personal representative of my brother’s Gloucester County, New Jersey estate and all the assets pass into trust for his minor children. I am worried his ex-wife will object to everything that I do as executor as she is unhappy that she doesn’t get control over the children’s money. What can I do to avoid trouble?

This is one of those situations where no good deed goes unpunished. You are serving as your brother’s executor to make sure your nieces and nephews are properly cared for, but by serving as personal representative you are also responsible for any mistakes or errors you make that reduce the children’s inheritance.

Avoiding Conflict as Trustee with Your Brother’s Ex-Wife

Posted on Fri Feb 20, 2015, on Estate Litigation

I am the personal representative of my brother’s Camden County, New Jersey estate and all the assets pass into trust for his minor children. I am worried his ex-wife will object to everything that I do as executor as she is unhappy that she doesn’t get control over the children’s money. What can I do to avoid trouble?

This is one of those situations where no good deed goes unpunished. You are serving as your brother’s executor to make sure your nieces and nephews are properly cared for, but by serving as personal representative you are also responsible for any mistakes or errors you make that reduce the children’s inheritance.

Fair Allocation of Wrongful Death and Survival Action Proceeds

Posted on Thu Feb 19, 2015, on Estate Litigation

I am an administrator of my mother’s Delaware County estate. She died 4 years ago in a car accident without a Will, unmarried and survived by my nephew and myself. My brother died before my mother, and my brother had one son, my nephew. I opened up her estate with the Register of Wills in Delaware County. Later, I hired a lawyer to bring a wrongful death lawsuit against the man who ran into my mother. That lawsuit is about to be settled, and my attorney is asking me to approve that settlement. The funds are to be divided 90% Wrongful Death and 10% Survival Action. Is this fair to my nephew, and as administrator, do I have a duty to pursue a different mix?

This is an issue you should certainly be concerned about.

Executor won’t pay my inheritance, what next?

Posted on Tue Feb 17, 2015, on Estate Litigation

My Grandmother died three years ago in Montgomery County, leaving me a lump sum in her Will. The house is sold, the taxes are paid but I have not received my inheritance. The executor will not return my calls. What can I do?

As the heir of a Montgomery County estate, you do have the right to force the Executor to provide you with a time line when you will receive your inheritance. If the executor will not give you one voluntarily, you can have your Montgomery County Orphans’ Court lawyer file a Petition for Accounting with the Montgomery County Orphans’ Court.

Executor’s Actions Prior to Estate Asset Distribution in Pennsylvania

Posted on Tue Feb 10, 2015, on Estate Litigation

I am the executor of my mother’s estate in Montgomery County, Pennsylvania. I have sold the real estate, liquidated all the assets and am ready to distribute, but my sister will not give me a release of liability. What can I do?

You are right to be concerned. Prior to making distributions from the estate you should insist on getting a release of liability. This is typically done informally by using what is broadly referred to as a Family Settlement Agreement.

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