Posted on Sun Sep 11, 2016, on Estate Litigation
From Our “Ask a Question” mailbag: “My mother died in Montgomery County, PA, and set up a trust for me in her will. The Trust pays out now that I am 40. I recently found out the trustee failed to pay the Trust’s income taxes for ten years. How do I prove that he committed a breach of fiduciary duty? Can I make him pay the interest and penalty?”
Posted on Thu Sep 8, 2016, on Life Insurance
From Our “Ask a Question” mailbag: Life Insurance is a Non-Probate Asset, Unaffected by You Will:
“My sister went to jail, so mother changed her Will and gave me the entire estate. She forgot to remove my sister from her life insurance. Now I hear life insurance is a Non-Probate Asset. Who gets the life insurance?”
Posted on Mon Aug 15, 2016, on Will Contests and Will Challenges
From Our “Ask a Question” mailbag: My sister died recently in Montgomery County, PA, and her boyfriend is filing a forged will. Can I bring a will challenge? “My sister died and her boyfriend is filing a forged Will that gives him everything. The Will she wrote several years ago gives her money to her daughter. Her daughter is hesitant bring a Will challenge. Can I file the Will challenge for her?”
Posted on Fri Jun 24, 2016, on Medical Power of Attorney Living Will
From our “Ask a Question” mailbag addresses the issue of combining a medical power of attorney and divorce.
“I gave my wife my medical power of attorney and divorce started soon after. During our divorce proceedings, does my wife still have the power to pull my plug?”
Posted on Tue Dec 15, 2015, on Trusts
From our “Ask a Question” mailbag: My wife’s and my estates are worth about $3,000,000, including a one million dollar life insurance policy on my life. At my death, my wife will receive the benefits from that policy. Upon both of our deaths, our assets pass to my son. Now that the federal estate taxexemption is over five million dollars, does an Irrevocable Life Insurance Trust provide me any benefit?
Posted on Tue Nov 17, 2015, on Will Contests and Will Challenges
From our “Ask a Question” mailbag: After reading the information on your site, I believe my brother used undue influence to get my father to change his will. If I decide to challenge the will, where will the trial be held? How long will the process take?
Will contests are heard by the judges in the Montgomery County Orphans’ Court. The Montgomery County Orphans’ Court is located in Norristown. In many cases, will contest challenges settle before a trial. If the case settles, the parties could agree to terms in a matter of weeks, months or it could be on the courthouse steps minutes before trial.
Posted on Wed Oct 7, 2015, on Probate and Estate Administration
From our “Ask a Question” mailbag: My uncle left my brother and I each half of his estate, which included all his personal property. I found out that the executor gave much of the personal property to a non-heir. The executor is now listing as an estate expense the transportation costs and storage fees to get the property to this other person. Can I object to those charges?
Pennsylvania Executors are given a great deal of flexibility to manage the estate with little oversight, which in general saves estates money. When the executor behaves badly, though, the probate system is not alerted.
As an heir of the estate, you are given power which counters the Executor’s power.
Posted on Thu Sep 3, 2015, on Fees
From our “Ask a Question” mailbag: I am named the executor of my father’s estate, but know nothing about the probate process nor do I have the time. I want to hire a probate attorney to help me, but how is the probate attorney paid?
As executor you have the right to use estate funds to hire professionals to assist you. Typically, you will hire an attorney to assist with the probate process, the transfer of assets and making sure you are released from liability. Typically, you may also hire an accountant, a realtor and a financial advisor.
Posted on Thu Sep 3, 2015, on Probate and Estate Administration
From our “Ask a Question” mailbag: My mom died a resident of Montgomery County, Pennsylvania and named her girlfriend as beneficiary of her life insurance policy and pension. I was listed as a secondary beneficiary. Can my mother give her life insurance and pension to her girlfriend instead of her children?
In Pennsylvania there is no requirement that a mother leave her children any part of her probate estate. There is also no requirement that your mother had to leave her life insurance to a child. Pensions may have their own sets of rules about where the pension benefits have to pass at death, but these rules usually protect a surviving spouse, not children.
Posted on Mon Aug 10, 2015, on Probate and Estate Administration
From our “Ask a Question” mailbag: The lawyer serving as the executor for my mom’s Montgomery County estate has sent me documents called an Informal Account and a Receipt, Release, Refunding and Indemnification Agreement. If I sign this, do I waive my rights to ask any questions?
As a beneficiary of your mom’s estate, you have the legal right to have a Probate Attorney ask the executor to file an accounting with the Montgomery County Orphans’ Court. But, the cost of compiling the accounting will be paid out of estate funds. Which will reduce the pool available for distribution to the estate’s beneficiaries.
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!
Dylan. S
Peter provided outstanding advice and preparation of a will and trusts.
Brandon. L
Peter was excellent. He explained everything very clearly and is super friendly. My wife and I originally tried using a lawyer through group legal coverage, but unfortunately the old adage - "you get what you pay for" - applied to the other lawyer, and we decided to go with a real professional.
Nafeesha. B
When it came down to picking the right attorney to handle my affairs, I knew right away it was this firm. From speaking to their secretary to speaking to Peter I knew I was making the right decision. After only a few mins Peter knew right away what I was looking for and handled all my questions professionally and even gave me great feedback that put my mind at ease. All that without even giving a single penny! So of course I hired him! So far so good...
Chris B.
AWESOME LAWYER! Peter Klenk is an exceptional attorney and a very nice person! Today I spoke with Peter about estate planning and was impressed with by his professionalism, cordiality, and attention to detail. I highly recommend Klenk Law for probates, wills, trusts, and other issues germane to estate planning!
Qiana Wright
Great friendly staff
Susan W.
Tremendous firm with bright, kind and tenacious people. Great representation for our family.
Linda F.
I'm totally satisfied with Klenk Law. Peter has a great legal mind with the personality of the guy next door.
Sheldon P.
Everything about my experience was a 10+! Peter and his staff made what I thought would be a difficult process easy and understandable. Every detail was handled correctly. No other firm could possibly do better than Klenk Law!
Ronald W.
Peter and his staff are very responsive and always willing to help my clients and in a cost efficient manner.
D.P.
Like another reviewer, I contacted Peter through his website using the free consultation link, for a question regarding PA inheritance taxes. The question was quite technical and difficult to explain, and the answer was nowhere to be found on the web. Peter grasped precisely what I was asking, and provided a clear, helpful response (with a touch of humor) the very next day.
Darryl J.
Answered my question quickly and referred me to a colleague that could handle my problem
Ian Marchant
Mr. Klenk, quickly understood the circumstances presented and provided clear and concise advice. This advice provided me with the information I required to progress the case to my advantage.
Andrea Wilson
Peter is excellent. I had a very complicated situation with my parents' estate planning and potential Medicaid needs. Peter was very knowledgeable in estate planning matters, able to define the best solution for the situation. Additionally, he was congenial and able to communicate effectively to my senior citizen parents the benefits of estate planning. He earned my trust, and more importantly, my parents' trust in a 45 mins consultation period. Highly recommend Peter. He is very easy to work with.
Chantee C.
Peter recently gave a presentation about Wills & Trusts at my employer, and it was fantastic! He was extremely knowledgeable and provided valuable information to the group. People were very engaged and asked several questions, all of which Peter thoroughly answered. Personally, my husband and I have selected Peter to help us with our estate planning, and he has been very helpful in providing us with all of the information we need to provide a secure future for our family. Thank you, Peter!
Dylan Small
Peter provided outstanding advice and preparation of a will and trusts.
Christopher F.
Peter explained things in a way that was easy to understand. Everything was done in the time frame he said it. Could not have been better!
Albert A.
You & your staff are the best thank you for everything.
Stephen T.
Peter and his staff handled all of our needs in a very professional and timely matter.
Maxine G.
Peter Klenk made a complex subject understandable and allowed us to move forward with our estate planning. He was patient with our questions and creative in the solutions he proposed.
Brian M.
Peter explained a complex subject very clearly, helped us to decide the best approach to managing our estate and then made it very easy for us to execute the required documents. He will be a valuable resource for years to come and clearly has a great understanding of estate law that will lead to innovative solutions for us. I would unhesitatingly recommend him for estate planning.
Chris Curcio
Fantastic customer service. Very personable and most importantly they provide great explanations of what is required based on your individual needs. Highly recommend Klenk Law for anyone that needs to create a will and estate documents.
Joe Peters
Always professional and very responsive. Everyone on the staff that I have worked with. I look forward to continuing our relationship.
Michael Patete
Surprisingly easy
MJG
Affable...yet surprisingly cerebral estate planning atty. High marks all the way around.
A.R.
Peter and his associates made things easy for us.
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