Blog & Resources

We posted recently about attorney’s fees in Pennsylvania. Let’s take a look at how a dispute over fees actually plays out.

A Montgomery County Orphans’ Court case, DeVitis Estate, is a cautionary tale for executors. It shows what judges will do when faced with unexplained fees. In this case, the deceased named her daughter executor of the estate. Due to perceived foul play, two beneficiaries of the estate requested an audit of the estate and then filed objections to the accounting.

My husband died several years ago, and our son is still a minor. After my husband’s death, my father-in-law was killed in a car accident and his estate was opened in Montgomery County, Pennsylvania. My father-in-law’s personal representative brought a lawsuit against the driver. My father-in-law had no Will, was not married and was survived by my husband’s brother and sister. Because he died without a will, a portion of my father-in-law’s estate passes to my son. The wrongful death suit is being settled, and I am being asked as my son’s mother to approve the settlement. That settlement divides the settlement amount 90% as Wrongful Death and 10% as Survival. Does this division matter to my son?

Periodically reviewing your Pennsylvania estate plan is critical. Significant life events including marriages, children and moving can dramatically affect how your assets are distributed. Other issues such as changes in state and federal laws can also affect your intended estate plan. In addition to your plan failing, old and unreviseddocuments can delay probate, and in some cases end up in litigation. These are some of the many reasons reasons to periodically review your estate plan to ensure it still reflects your intentions.

First, if your Mother’s attorney is serving as the executor and will also be providing your mother’s estate legal services in Montgomery County, the attorney should not be charging both an executor’s fee and a fee for legal services based solely on a percentage of the estate.

Many Pennsylvania residents die without a Will. Many will die unexpectedly before they can prepare a Will, but most people simply just don’t get around to writing a Will. If you die without a Will in Pennsylvania, you are said to die “Intestate”, or without testamentary documents. It is not true that if you die without a Will in Pennsylvania that your assets pass to the state. Instead, a set of rules decide who is in charge of your estate and to whom your assets pass.

In some instances, Pennsylvania residents attempt to draft a homemade Will, believing they can clearly and legally express their intentions. Without an in depth knowledge of Will drafting, even clear and simple language can fail as ambiguous. Ambiguity in homemade wills leaves Leaving Pennsylvania Estates open to outcomes contradicting the drafter’s written intent. In order to highlight this point, we will take a look at a recent case before the Delaware County Orphans’ Court where a homemade Will failed and partial intestacy resulted.

Ensuring the financial well being of family after death is a fundamental concern for clients when estate planning. By Trust or by Will, various strategies exist to satisfy that concern. Keeping up to date on real cases helps ensure our strategies are appropriately tailored to your needs.

The Orphans’ Court of Common Pleas of Montgomery County, Pennsylvania recently ruled on one family’s strategy in Zucker Estate. This case provides insight into how accurate trust drafting can achieve your financial support goals. The court focuses on the marital trust and critical difference between exclusive and non-exclusive powers of appointment. A factual background will serve as a point of reference for the key takeaways in Zucker.

What recourse exists when a loved ones death is caused by the negligent, reckless or intentional actions of another? In most instances, the family will ask the Personal Representative of the estate to bring Wrongful Death and Survival Action claims. Although they are frequently brought together, there are key differences to focus on, and consider, when bringing these claims in any state. This article uses the Pennsylvania Wrongful Death and Survival Action statues, which are similar but not identical to those in neighboring New York and New Jersey, to address these differences between a Wrongful Death and Survival Action. For each claim we’ll examine (1) who can bring the claim when, (2) why the claim is brought, and (3) how the proceeds are divided.

The Pennsylvania Bar Institute, the continuing education arm of the Pennsylvania Bar Association, selected Peter Klenk, the principal at Klenk Law, to teach their CLE seminar on the estate planning impact of Pennsylvania’s Uniform Trust Act. Peter was part of a panel of attorneys chosen for their estate planning expertise and familiarity with Pennsylvania’s Uniform Trust Act.

Addressing your blended family in your estate plan is a good idea. Though you may not wish to treat your step-children the same way you treat your biological children, by at least mentioning them or giving them a small gift you may avoid hurt feelings and potential conflict.

Pennsylvania allows you to form a Revocable Living Trust. These trusts can own almost any asset including bank accounts, autos, stocks, gold, and Bucks County real estate. While Revocable Trusts can serve many purposes, the primary goal is to avoid probating the will with the Bucks County Register of Wills.