Posted on Wed Nov 5, 2014, on Probate and Estate Administration
Beneficiaries of New York estates will often approach us asking our help in keeping an eye on the estate’s executor. This is often the result of the executor not sharing information about the estate with the beneficiary, the executor’s unreasonable delays, or when the executor’s behavior has raised the beneficiary’s concern.
Klenk Law
Posted on Thu Oct 16, 2014, on Estate Litigation
Question: My son’s Godparents both died in Philadelphia with a will and a Revocable Living Trust and the executor will not give me a copy. How do I get a copy of the will and the Revocable Living Trust?
First, the father needs to understand the documents he is requesting. The Will is the document that is filed with the Philadelphia Register of Wills and which then dictates where the deceased’s assets pass after death.
Klenk Law
Posted on Wed Oct 15, 2014, on Estate Litigation
Question: My father died over two years ago and the executor has not yet sold the Brigantine house and will not return my calls, what can I do?
The executor is a fiduciary, with an obligation to follow the terms of the Will.
First, the beneficiary should examine the Will. Does the Will give any specific instructions concerning the house? Klenk Law often states in the Wills they draft that real estate “shall be sold”, to be clear that the executor needs to move forward selling the property.
Klenk Law
Posted on Sun Oct 5, 2014, on Estate Litigation
Question: Can a Trustee be removed because he did not inform the beneficiaries of the irrevocable trust when they came of age? This Trust is in Camden, New Jersey.
Maybe.
A trustee removal action can be a long and painful process, so no action should be taken without having an experienced New Jersey Surrogates Court attorney review the trust and interview the interested parties.
Klenk Law
Posted on Mon Aug 25, 2014, on Estate Litigation
Normally, if a dispute regarding a Will or Trust cannot be settled between the parties, the dispute is heard by one of the Orphans’ Court Judges. These hearings can last several days, require months of preparation, may involve dozens of witnesses and experts costing the parties large sums of money. In some cases, this is the only way to settle the dispute. In other cases Mediation is a reasonable alternative to an Orphan’s Court hearing.
Klenk Law
Posted on Mon Jun 30, 2014, on Estate Litigation
Whenever a fiduciary files an Orphans’ Court Accounting, whether the filing is by an Agent under a Power of Attorney, a Trustee of a Trust or the Executor of an Estate, a person interested in that accounting has a handicap. The person filing the accounting has all the information; the beneficiary has only what the fiduciary has given them.
Interested persons do have a right to object to an accounting, but if, for example, the beneficiary does not have access to the bank statements, how exactly does the beneficiary know if the charges reflected on the accounting are accurate?
Klenk Law
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!
"I worked for Peter Klenk for 4 wonderful years. I can’t speak highly enough of everyone at the firm. Everyone truly cares about their clients and has a strong sense of responsibility to get things done right. I would highly recommend Klenk Law!"
Flora Novick
I met Peter soon after he started his practice in Philadelphia, PA. He and his team have always been there for me and my various inquiries throughout my life-changing events, corporate relocations. I have lived in various cities throughout the nation, I have never had a problem in contacting Peter or a member of his team. He and his office responds quickly and returns calls to me to fulfill my requests for information or to revise my estate needs while posing relevant thought-provoking questions that I need to consider to secure my future. One of Peter's best qualities is his ability to answer clients complicated questions in a simple way to ensure comprehension.
Peter has done our family's trust and estate work since our children were born. He is not only extremely knowledgeable and honest but makes sure that our arrangements remain current with the changing legal landscape. I would give him my highest recommendation as a professional in his field.
Great firm. Great people. Happy to refer folks in need to estate planning to Peter and his team. They do great work.
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.
I was referred to Peter after my divorce to put documents together to protect my assets. He suggested a number of documents that would help protect my children and their future. Also, he put together wills, power of attorney and living wills. I initially spoke with him on the phone, he took 30-40 minutes to understand my situation and explain the benefits of having such documents. After a week or two, I met with him in his office and signed the documents. Everything else was remote phone calls and emails. He re-explained these documents and what whom to share. I am in good hands.
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