Posted on Wed Oct 8, 2014, on Estate Planning
If you are a Montgomery County resident with a will, following your death your executor will take your death certificate, the original copy of your will, a checkbook and an ID card to the Montgomery County Register of Wills Office to be sworn in as the executor of your estate.
Being an executor means that this person is a fiduciary with many responsibilities and duties. Selecting the correct person for the job is a vital part of your estate plan.
Klenk Law
Posted on Sat Oct 4, 2014, on Probate and Estate Administration
Question: I am the Executor of a Montgomery County estate and the trustee of the trust into which the estate assets pour. The trust is for my brother. He is the beneficiary of the estate. What do I do when the beneficiary’s lawyer does not engage me?
Careful! First, the executor needs to understand that the beneficiary of the estate is not the brother; the beneficiary of the estate is the trust for the brother. The brother is a beneficiary of the trust, but he is not the heir of the estate. He may have an attorney, but the executor may be giving that attorney too much power over estate matters.
Klenk Law
Posted on Wed Aug 27, 2014, on Probate and Estate Administration
Montgomery County Orphans’ Court Local Rule 3.7A states that the Clerk of the Orphans’ Court of Montgomery County shall now accept all legal papers and exhibits either by traditional paper filings or Petitions for Probate and other filings may be made by electronic filing through the Clerk of Orphans’ Court of Montgomery County Electronic Filing System.
Unlike other counties, Montgomery County chose not to change its filing rules so that all filing must be electronic by a certain date. This will be helpful for older practitioners who might need some time to modify their practice to include electronic filing. Over time, though, electronic filing will make the Montgomery County system much more user friendly, speed up the process and reduce costs.
Klenk Law
Posted on Fri Jul 11, 2014, on Estate Planning
Rich or poor, everyone needs to designate a person to manage assets or make medical decisions in case of incapacity. No matter what your age, you could become ill or have an accident. If you were unable to pay your bills or decide which medical treatment to receive, who would have that power? Working through that decision and then signing a General Durable Power of Attorney and a Medical Power of Attorney is the bare minimum estate planning everyone should accomplish.
Klenk Law
Posted on Wed Apr 2, 2014, on Estate Planning
The Montgomery County Register of Wills cannot hold or file your Will until after you have died. Your executor will go to the Register’s office in Norristown with the original Will, an original death certificate, an ID and a check. After verifying all is in order, the Register will then file the Will. There is no Pennsylvania procedure to hold Wills of the living.
Klenk Law
Posted on Mon Mar 3, 2014, on Estate Planning
Simply put, a will is a writing that specifies the beneficiaries who are to inherit the testator’s assets, names a representative to administer the estate and who is responsible for distributing the assets to the beneficiaries. To be valid a testator you must have legal capacity when the will is written and follow state law.
Klenk Law
Posted on Thu Feb 27, 2014, on Probate and Estate Administration
Montgomery County probate clients sometimes believe that after filing the original Will with the Montgomery County Register of Wills, the Register will return to them the original document. Usually, this is because they have the experience of filing deeds with the Montgomery County Register of Deeds. After a deed is filed, it traditionally is mailed back to the buyer who may keep the original.
Klenk Law
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!
"I worked for Peter Klenk for 4 wonderful years. I can’t speak highly enough of everyone at the firm. Everyone truly cares about their clients and has a strong sense of responsibility to get things done right. I would highly recommend Klenk Law!"
Flora Novick
Klenk Law is an exceptional practice. Their fine lawyers and staff team up to produce excellent results for their clients. They excel at explaining the often cryptic laws and policies that govern estate planning right down to the complexities of the various "trust" frameworks. Peter himself manages each client together with his great team, and he has a rare quality to be both a walking encyclopedia of planning minutia and also one of the most likable lawyers I have ever had the pleasure of dealing with. He is truly generous in intellect and in his personal approach to getting the "big picture" for complex family structures. I trust him implicitly to help me make the right choices for the future. In short, Klenk Law is a gem of a firm.
Peter provided outstanding advice and preparation of a will and trusts.
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!
Affable...yet surprisingly cerebral estate planning atty. High marks all the way around.
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!
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