Klenk Law

Tag: Executor

My Sister Stole My Father’s Gun Collection During His Funeral. How do I get it back?

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 […]

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?”

Inheritance

In New Jersey How Long Does It Take to Get an Inheritance?

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.

Executor Wrongdoing in Camden County, New Jersey – Steps Needed

Posted on Wed Jul 29, 2015, on Estate Litigation

From our “Ask a Question” mailbag: For years, my parents lent money to my cousin and his wife to pay their children’s education. To my surprise, at their deaths, my cousin’s wife was named executor. She “hired” my cousin who is a CPA to handle the estate’s books. Over a year has passed and they refuse to give me any information about the estate and are calling the loans to them, “gifts”. What can I do?

I take it that you are the residuary beneficiary of the will? If so, you have the right to demand through a formal accounting to know where every penny went and a justification for every expense. You also have a right to investigate whether all those years of funding education and other money transfers were gifts or loans.

What’s the statute of limitation for estate creditor claims in Lehigh County?

Posted on Fri Jun 19, 2015, on Probate and Estate Administration

From our “Ask a Question” mailbag: I am the executor of my Father’s estate in Lehigh County, Pennsylvania. I want to distribute the estate assets according to the will. Is there a statute of limitations, or a time period for creditors making claims against the estate? If I distribute the assets, can I be held responsible if creditors make a claim?

As you’ve guessed, your Father’s death did not end his obligation to pay unpaid bills. By taking on the job of Executor, you gain the power and responsibility to assemble his assets and pay those bills. Compared to other states, Pennsylvania is rather creditor-friendly. If you have notice from a creditor, you are expected to address the claim. That being said, creditors cannot wait forever to make their claim. You trigger a one-year statute of limitations period for claims when you properly advertise the estate.

Should I appoint my two kids as co-executors of my will in Burlington County?

Posted on Mon Jun 15, 2015, on Estate Planning

From our “Ask a Question” mailbag: I am a resident of Burlington County, New Jersey and want to modify my will. My two children are older and I want to name them as co-executors. Is naming my children as co-executors a good idea?

Naming your children as co-executors (or “personal representatives”) of your Will can be a fine idea, or a terrible idea, depending on your children. You need to be honest with yourself about how well your children’s personalities work (or do not work) together.

Can I distribute estate assets if a claim is pending?

Posted on Mon Jun 8, 2015, on Estate Litigation

From our “Ask a Question” mailbag: I am the executor of my mother’s estate in Lehigh County, Pennsylvania. I have advertised the estate and paid all the valid creditors, but a neighbor of my mother has made a claim for $10,000.00 that has no validity. Can I make distribution without paying him?

Although it’s technically possible, the correct answer is that you should not.

As the executor, you are free to make “at risk” distributions. That means if you later lose a claim, you’re personally at risk. Keep in mind, Pennsylvania is a rather creditor-friendly state.

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