Posted on Tue Jun 5, 2018, on Probate and Estate Administration
From Our “Ask a Question” mailbag: How Does An Executor Recover Stolen Property? “My father was an avid hunter and assembled an impressive gun collection. I am the executor of his Will, and he divided the collection between my sister and myself. During his funeral, my sister left the funeral, drove […]
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?”
Posted on Wed Aug 17, 2016, on Probate and Estate Administration
From Our “Ask a Question” mailbag: “My Uncle died 4 months ago in Burlington County, New Jersey. I am in the Will. How long does it take to get an Inheritance?”
The time it takes to get an inheritance can vary widely between estates in New Jersey. Many factors that can impact a Personal Representative. The concern I have is that the Personal Representative is not adequately communicating his or her plan of action. An Executor or Personal Representative should clearly communicate to you an estimate of when you are receiving your inheritance.
Posted on Fri Feb 5, 2016, on Probate and Estate Administration
From our “Ask a Question” mailbag: The attorney handling my uncle’s Bucks County estate mailed me a Receipt, Release, Refunding and Indemnification Agreement. There are no details about how much he spent or other expenses. If I sign this, do I waive my rights to ask any questions?
Posted on Sat Jan 30, 2016, on Probate and Estate Administration
From our “Ask a Question” mailbag: My mother died a resident of Lehigh County, Pennsylvania survived by three sons. She had no will. One of my brothers has signed a renunciation giving me the right to serve as the Administrator. My other brother is homeless and I don’t know where he is, what can I do?
Posted on Tue Jan 26, 2016, on Probate and Estate Administration
From our “Ask a Question” mailbag: My children would just endlessly fight each other, so I want to name a lawyer as my executor. I see most lawyers charge a percentage of the estate to serve as executor, but your website says you charge by the hour. Which is better?
Posted on Thu Dec 17, 2015, on Estate Planning
From our “Ask a Question” mailbag: My friend who lives in Philadelphia asked me to pay off his bills from his checking account if he passes away. Am I able to use that as proof or do I need something signed saying so?
Posted on Fri Oct 30, 2015, on Probate and Estate Administration
From our “Ask a Question” mailbag: I filed my father’s will with the Surrogate and was named the Personal Representative, but am having second thoughts. My family is litigious. Can I be sued and found personally liable?
By accepting the position of Personal Representative you became a fiduciary with a duty to the beneficiaries. If your family is litigious, you are right to be concerned. All the beneficiaries have the right to petition the Surrogates Court and ask the court to surcharge you should they feel any action you took reduced their inheritance. This could be a sale of land at too low a price, a fee you paid to a creditor, or even your salary.
Posted on Mon Oct 19, 2015, on Probate and Estate Administration
From our “Ask a Question” mailbag: My aunt’s will names me as her personal representative and divides the estate between all her nieces and nephews. We are not a close family and there have been disputes in the past. I am worried that my cousins will be angry that I was named the personal representative and may cause trouble. Can they sue me as the personal representative?
If you agree to be sworn in by the surrogate as the estate’s personal representative, then you have a fiduciary duty to all beneficiaries to act in their best interest. You will be given broad powers and will be largely unsupervised by the Surrogate. To counter these broad powers the beneficiaries are given the right to Petition Surrogate’s Court to review every action and expense.
Posted on Fri Sep 4, 2015, on Probate and Estate Administration
From our “Ask a Question” mailbag: My mother named me executor, but I don’t get along so well with my brother and I am afraid he will sue me. Can I be personally liable as the executor?
The executor is a fiduciary, owning a duty of care to the beneficiaries. If your brother is an heir, he has the right to review all actions you have taken as executor and, if he feels any action you took reduced his inheritance, as the judge to surcharge you (fine you) so he receives the correct inheritance.
In many ways, being executor is a thankless task.
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!
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