Klenk Law

Tag: Estate Litigation

Theft-Disqualify-A-Beneficiary-From-Inheriting

Does Theft Disqualify A Beneficiary From Inheriting?

Posted on Tue Aug 30, 2016, on Estate Litigation

Ask a Question” mailbag: Isn’t it true that theft from estate disqualifies beneficiary from inheriting from that estate? “As the executor of my mother’s estate I was able to prove that my brother stole from my mom. The judge ordered him to return the money. My mother’s Willdivides the assets between all the children equally. Is my brother disqualified from inheriting his share?”

How to Challenge a Will Based on Forgery?

Posted on Mon Aug 15, 2016, on Will Contests and Will Challenges

From Our “Ask a Question” mailbag: My sister died recently in Montgomery County, PA, and her boyfriend is filing a forged will. Can I bring a will challenge? “My sister died and her boyfriend is filing a forged Will that gives him everything. The Will she wrote several years ago gives her money to her daughter. Her daughter is hesitant bring a Will challenge. Can I file the Will challenge for her?”

Will Lawyer Allentown, PA

Philadelphia Will Contest Attorney; Will Contests Are What We Do!

Posted on Tue Jul 26, 2016, on Will Contests and Will Challenges

How important is it to choose a Philadelphia Will Contest Attorney whose only focus is estate litigation? Naturally; never trust a complex will contest to a part-time practitioner. That is to say, such cases require specific experience in a particular court. In other words, a “Philadelphia Will Contest Attorney” cannot exist without years of experience. Indeed, contesting wills in the Orphans’ Court is learned over time. As an illustration, with over 20 years of experience, even someone like myself learns more each day.

I Was Served With a Petition for Accounting, What do I do?

Posted on Tue Sep 29, 2015, on Estate Litigation

From our “Ask a Question” mailbag: I am the executor of my father’s estate in Lehigh County. My sister and I do not speak, so the process has been terrible. She refuses to sign the family settlement agreement I sent her, and instead has petitioned the Orphans’ Court to make me account. Do I need to respond?

Yes, you must respond to the petition. As a beneficiary, your sister has every right to ask that you file a formal account with the Court. She does not have to show that you have done anything wrong, only that she is a beneficiary. She may have done you a favor, because it is clear that she was never going to sign your family settlement agreement. This would mean dragging the estate administration on potentially for years. Now you get a court-mandated end date.

When should I distribute estate assets as administrator in Bucks County?

Posted on Tue Aug 18, 2015, on Estate Litigation

From our “Ask a Question” mailbag: I am the administrator of my brother’s estate in Bucks County, Pennsylvania. I have advertised the estate and paid all the valid creditors, but a neighbor of my brother has made a claim for $50,000 that I believe has no validity. Can I distribute the estate funds 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. An “at risk” distribution is that may put your personal assets at risk. Your Bucks County Estate Administration Lawyer works hard to keep you out of trouble. If you ignore your brother’s neighbor, you could be putting yourself at risk.

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.

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