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Tag: Estate Planning

Philadelphia Revocable vs. Irrevocable Trusts – What You Need to Know

Posted on Fri Sep 11, 2015, on Trusts

From our “Ask a Question” mailbag: I am worried about having someone sue me in the future and would like to shelter my assets from creditors. I have read about Irrevocable Trusts and Revocable Trusts, do they both help avoid creditors and lawsuits?

A Revocable Living Trust is a wonderful tool with many uses, but it does nothing to help you avoid your creditors. Because a Revocable Living Trust is “Revocable.” That means you can take the assets back into your name at any time. Because you can take the assets back, any future creditor you have or any future lawsuit judgement against you can be enforced against the trust.

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Do I have to move my Gloucester County house into my Revocable Living Trust?

Posted on Wed Sep 9, 2015, on Revocable Trusts and Living Trusts

From our “Ask a Question” mailbag: I had a Revocable Living Trust created several years ago, but I have not put anything into it. I own my Philadelphia home, a few bank accounts and investment accounts. I want everything to pass to my daughter at my death, but she lives in California, so I want the transfer to be easy. Should I move my house from my name into the Revocable Trust?

The goal you have stated in forming your Revocable Living Trust was to make things easier on your daughter who lives in California. Though your intentions are good, without moving the house into the trust you really have done nothing to help her.

The basic idea surrounding a Revocable Living Trust is that during your lifetime you either move your assets into the trust or you set things up so that at your death, they pour into the trust.

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What if my son won’t leave my Bucks County house at my death?

Posted on Tue Sep 8, 2015, on Estate Planning

From our “Ask a Question” mailbag: My son has very little ambition and lives in my basement. My other children are successful and have their own houses. At my death, I want my house sold and the money divided equally between my three children, but I am sure that my son will refuse to leave the house. What can I do to make sure the house is sold?

Children who will not leave the house are a common problem, and a source of family conflict. By recognizing the potential problem, you can help defuse the potential conflict.

I suggest that we amend your will to state clearly that the house must be sold immediately following your death.

Klenk Law

What is a Spendthrift Trust in Gloucester County, New Jersey?

Posted on Mon Sep 7, 2015, on Trusts

From our “Ask a Question” mailbag: I was told that I should make the Irrevocable Trusts I am setting up for my children “Spendthrift” Trusts. What does that mean, and what is the advantage of a Spendthrift Trust?

A Spendthrift Trust refers to an Irrevocable Trust created for a beneficiary that does not give the beneficiary the right to assign his or her interest in the trust to a third person, so that the trust assets are not subject to the beneficiary’s liabilities or creditor claims.

Klenk Law

Can I change my Uncle’s Gloucester County Will with his consent?

Posted on Mon Sep 7, 2015, on Estate Planning

From our “Ask a Question” mailbag: I am the executor under my Uncle’s will (he is alive and living in Gloucester County). I would like to make a minor change to his will. My uncle agrees to the change. Do I need a lawyer to change the will?

Each competent person over the age of 18 can have a will, but only that person can change or modify the will. Your uncle is free to change the Will if he is still competent. The Executor is the person who carries out the terms of the Will after death, so right now you have no power to do anything, especially make changes.

Klenk Law

How do I keep my children from evicting my second husband from the house?

Posted on Fri Sep 4, 2015, on Trusts

From our “Ask a Question” mailbag: My second husband and I live in a house that I own outright. If I die, I want him to be able to live in the house as long as he chooses, but I want my children to inherit the house when he moves out or dies. How do I keep them from evicting him from the house?

Avoiding conflict between children from the first marriage and the second spouse can be challenging, but if you are honest about the personalities involved, there is usually a way to satisfy everyone. One option in your case is to form a trust in your will that holds your house.

Klenk Law

What is a Pour Over Will and should I get one in Philadelphia?

Posted on Wed Sep 2, 2015, on Estate Planning

From our “Ask a Question” mailbag: I had a Revocable Trust formed years ago, which I thought replaced my will. Now I hear I also need a “pour over will.” What is a pour over will?

A Pour Over Will is a will that simply states that if you have any asset in your name at death, it should “pour over” into the Revocable Trust and names the executor who will have this power. If you have moved all assets into your Revocable Living Trust or have your assets pour into the trust at your death, then there is likely no need for a Will…but there is still a chance you will need a will filed.

Klenk Law

Trust Options to Protect Against Future Creditor Claims

Posted on Wed Sep 2, 2015, on Revocable Trusts and Living Trusts

From our “Ask a Question” mailbag: I have been diagnosed with the early stages of Alzheimer’s and need to create a way to have my son assist me as the disease progresses. Can a Revocable Living Trust help my son assist me with my diminished capacity and against any creditors that may arise in the future?

You are wise to start planning now to address your Alzheimer’s. Most people put off this planning, and that rarely ends well.

Creating a Revocable Living Trust that names both you and your son as co-trustees, each able to act independently, is a good system to help prepare for the future.

Klenk Law

How do I shelter money I will leave my son from my future daughter-in-law in Florida?

Posted on Mon Aug 31, 2015, on Revocable Trusts and Living Trusts

From our “Ask a Question” mailbag: My son refuses to get a prenuptial agreement, how do I shelter the money I will leave him from my future daughter-in-law?

If your son refuses to protect himself, you have other options to protect the money you leave him. Instead of leaving him his inheritance outright, through your will or Revocable Living Trust you can form a protective trust to hold his inheritance.

Klenk Law

What Our clients are saying

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James Palmer

Recently hired this firm to help me write a will (something I had been procrastinating on doing for too long). The process was quick, easy, painless and I'm glad that thanks to the great team at this firm I was able to cross this off my "to do" list!!

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Matthew Wentz

My experience with Klenk Law was nothing shy of amazing. I had done some quick research when searching for an estate attorney and was immediately drawn to Klenk Law being a veteran owned business and due to their support for veterans, first responders, and teachers . Every member of their staff was knowledgeable and patient through every step of the process and with all of my questions. They were honest and transparent with pricing and expectations. They were very timely with communications and kept me in the loop throughout the process. I will definitely recommend Klenk Law to friends and family.

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Christian Milazzo

This law firm was super helpful with answering all my questions! Huge props specifically to Riley for their enormous assist with helping me get where I needed to go. They were fantastic!!!

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Paul A

Klenk was efficient and professional in designing and executing the necessary documents for my trust, will and associated paperwork after my moving to pa from out of state. This allowed an inherently unpleasant responsibility to be completed with minimal agony and diligence. His web site further enables executed document update and distribution with minimal fuss.

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hinda schuman

very happy to deal with Peter Klenk law firm over many decades

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