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Tag: Inherit

How do I protect my collection of Curt Schilling memorabilia from my new wife?

Posted on Fri Oct 16, 2015, on Trusts

From our “Ask a Question” mailbag: I have a collection of Curt Schilling memorabilia that I have been gathering since he started pitching for the Phillies in 1992. It is worth some money, but is mostly something that my son and I have shared together and is near to our hearts. I am remarrying soon and I am worried that — should I die — this collection will become a problem between my wife and my son. I would give the collection to my son now, but he has no place to keep it yet. Any suggestions?

You are right to worry about the impact a second marriage can have on the children from your first marriage. No matter how well they get along, after you die there are going to be opportunities for conflict between your second wife and your children.

Klenk Law

Per Stirpes: Can An Illegitimate Son Inherit From My Father’s Estate?

Posted on Fri Sep 18, 2015, on Probate and Estate Administration

From our “Ask a Question” Mailbag: After my father’s death, a man arrived claiming to be my father’s illegitimate son. The will says that my father’s estate is divided between his heirs, “per stirpes.” Can this man get a share of the estate?

Per Stirpes

The phrase “per stirpes” literally means “by the branch”; distributing an estate equally down the bloodline. So, if your father did not exclude this man and if he is truly your father’s son, then he gets a share of the estate. The estate can demand that he take a DNA test to prove he is your father’s son. This is possible by using your blood and that of your siblings. However, this may require a Petition and order from the Orphans’ Court. Therefore it would be wise for the Personal Representative to retain an experienced Estate Litigation Attorney.

Klenk Law

Who inherits my Phillies baseball tickets?

Posted on Mon Aug 17, 2015, on Estate Planning

From our “Ask a Question” mailbag: Who will get my Phillies baseball tickets at my death? I have season tickets and I go to most games. So, if I died during the season, I would have all the remaining tickets for that season. But, who would be able to buy the seats the following year? My will does not specifically say who gets the tickets. All my assets are divided between my two children, but they do not get along and they both would like the tickets. (But only one can really afford to pay for them each year.)

If your will says that all assets are divided equally between your children, then your remaining Phillies seasons Tickets would be part of that calculation. Your kids could split them equally, or one child could take them and the other some other asset of equal value.

Klenk Law

Do children or spouses inherit a portion of a family estate when a sibling heir dies?

Posted on Thu Aug 13, 2015, on Probate and Estate Administration

From our “Ask a Question” mailbag: One of four siblings is now deceased since death of our parents. Do the deceased sibling’s three children or his surviving spouse inherit his share of the estate?

There are two different answers depending on the order of the deaths.

If your sibling died first, and then the surviving parent died without a will, then that parent’s probate estate is divided up under the New Jersey intestacy rules which give 1/4th share to each surviving child and a 1/4th share to be split among the deceased child’s children. Your sibling’s spouse receives nothing.

Klenk Law

What Our clients are saying

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Marilyn Dolgoff

I worked with Daniella to settle my father’s estate. She was kind, efficient, knowledgeable, and made the entire process seamless. I highly recommend working with Daniella.

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Wendy Charlap

We came to this firm based because of the online reviews we read and were not disappointed. Peter and the staff were a pleasure to work with - Peter was friendly, knowledgeable and patient with all our questions and the office staff were extremely responsive and efficient with all the scheduling and follow up needed to get us ready for the signing. We also like that all documents are housed in a portal that is easily accessible. Thank you to Peter and the team for helping us cross 'update estate planning documents' off our list.

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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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Chris Kurdelski

Transparent approach and pricing, with prompt and professional response. They understand the various sensitivities of estate planning. Cannot recommend the firm more highly., go with Klenk

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Lu Han

I have worked with three different attorneys and law firms over the years, and I can confidently say that attorney Peter Klenk stands out as the most knowledgeable. He created the most thorough wills and trust documents I've ever had. Mr. Klenk took the time to gather all the necessary details about my current situation and goals. As a result, he put together comprehensive documents that I believe will effectively protect my assets and ensure my children's inheritance is secure.
What truly sets Mr. Klenk apart is his patience and dedication to understanding my questions. He provided detailed explanations that made complex legal concepts much easier to grasp. His team's communication and scheduling were equally impressive, making the entire process smooth and stress-free.
Thank you, Mr. Klenk, and your fantastic team, for your exceptional service!

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