Addressed in today’s “Ask a Question” mailbag, Where is a Chester County Contest held?
“I believe my brother got my father to change his Will using undue influence. If I decide to challenge the Will, where is the trial? Is the process long?”
Addressed in today’s “Ask a Question” mailbag, Where is a Chester County Contest held?
“I believe my brother got my father to change his Will using undue influence. If I decide to challenge the Will, where is the trial? Is the process long?”
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.
From our “Ask a Question” mailbag: My grandfather, a resident of Philadelphia, Pennsylvania, died of dementia 12 years ago. Shortly before his death, his will was changed, giving everything to my aunt. We believed that my grandfather died broke. However, now that my aunt died, we found out that he had a joint account with her containing a large sum of money. The prior will states that I would receive one-fourth of his estate. Can I challenge the will?
First, a will challenge case alone based on incapacity or undue influence, even if successful, would not help you. You stated that the funds were in a joint account. A joint account passes outside of probate, meaning the will has no effect on the joint ownership.
From our “Ask a Question” mailbag: My mother named me her Agent under her Gloucester County, New Jersey Power of Attorney, and I cared for her for years. Now my sister claims I embezzled and stole money using the Power of Attorney. How do I clear my name?
As Agent, you are permitted to retain a Gloucester County Surrogate’s Court Attorney to assist you in filing a Formal Accounting of all your actions as Agent. This accounting is then provided to all interested parties, who are free to either accept the terms or to object.
My parents were both residents of Delaware County, Pennsylvania. When they died they put my inheritance in a trust and appointed my brother as trustee. What information is he required to give me as trustee of my Trust? As a Beneficiary, is the trustee required to give me updates and financial information of my trust?
In 2006, Pennsylvania adopted the PA Uniform Trust Act. This law imposes a duty on trustees to inform Beneficiaries about the existence of the trust, along with certain current information on the trust.
I knew I needed to update my Estate Planning documents created 15 years ago, yet I kept putting it off. Peter, in his no pressure way nudged me to finally check it off my list. The admin staff of Klenk law were very respectful and responsive in working with me to set up dates and times that work for me to talk with Peter over the phone regarding what I wanted to update. Peter answered my questions and explained some things to me. This helped me on some of my estate decision. After our phone talk, I received a draft of the updated documents, and was allowed ample time to review them prior to a final review with Peter over the phone. This pre-signing reviews made the in-person signing time very short. I would highly recommend Klenk Law, because Peter and his staff were professional but friendly, and thorough in the estate planning work they did for me. Thank you, Peter!
Daniella was fantastically wonderful. A joy to be around and filled our conversations with so much educational knowledge. I’ve learned so much from her about being a great person and I can’t wait to work with her again
Fantastically easy and efficient team to work with getting our wills done. We will use Klenk again in the years to come. I highly recommend Peter Klenk.
I highly recommend this firm. Jackie was a pleasure to work with. I left there’s well educated and had all my questions answered.
Peter explains things in a practical way to help guide you through a rather daunting process. We have been using Klenk Law for years. Highly recommend.
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