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Tag: Montgomery County

How Do I Prove A Breach Of Fiduciary Duty?

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?”

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How to Challenge a Will Based on Forgery?

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?”

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Should I consider an ILIT (irrevocable life insurance trust)? What are the benefits?

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?

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How to Pursue a Montgomery County Will Contest

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.

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Can I contest charges the executor has paid from the Montgomery County estate?

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.

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How is the probate attorney paid in Montgomery County?

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.

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Can my mother intentionally disinherit me in Montgomery County?

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.

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What Our clients are saying

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Ellen G.

I have had Peter Klenk prepare and revise my will. Always professional, knowledgeable and offers great advice. Highly recommend

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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.

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Linda F.

I'm totally satisfied with Klenk Law. Peter has a great legal mind with the personality of the guy next door.

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Sharon S.

I contacted Peter through his website using the free consultation link for a question regarding a will. While I was expecting only a few minutes, it was a lengthy conversation. He made sure he understood the situation by asking many questions before offering advice. He then went through my options and results of each one. He left it up to me to decide if I wanted to proceed and did not push me toward one or another. His website has very useful information which I definitely researched before I called him. While I decided not to proceed at this time, I feel I had enough information to make that decision. I would not hesitate to hire him should I need to in the future.

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Maggie K

Peter Klenk is an extraordinary attorney with positive guidance and knowledge for all of your Trust and Estate needs. We have used him for over 20 years.

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