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Tag: Pennsylvania

Delaware County Litigation – How to Protect Yourself Against Claims

Posted on Mon Dec 28, 2015, on Estate Litigation

From our “Ask a Question” mailbag: I am the executor of my mother’s estate in Delaware County, Pennsylvania. I have advertised the estate and paid all the valid creditors. However, a neighbor of my mother has made a claim for $10,000 that has no validity. Can I make distribution without paying him?
The quick answer is yes, but the correct answer is that you should not.

Klenk Law

Can my creditors go after a disclaimed life insurance policy in Chester County?

Posted on Wed Dec 23, 2015, on Estate Planning

From our “Ask a Question” mailbag: Last year, my mother died in Chester County and named me as beneficiary of her life insurance. As my children were the contingent beneficiaries, I decided to disclaim the inheritance, so the insurance money passed to my children. I was recently in a car accident. If I am sued, can they claim that life insurance money?

Klenk Law

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?

Klenk Law

How can I lend my son some money without the risk of creating a dispute between my children at my death?

Posted on Tue Dec 1, 2015, on Estate Planning

From our “Ask a Question” mailbag: I want to loan my son some money at a low rate, but I do not want to create a fight between him and my other children at my death. What do you suggest?

Interfamily loans can become the source of much conflict between the children of a deceased parent. I find the best way to defuse the situation is to document everything very clearly, to keep the family informed about the loan, and to address the loan in your will.

Documenting the loan can be very straightforward and the loan terms can be written out on one or two pages.

Klenk Law

An Introduction to the Substantial Advantages of The IRA Trust

Posted on Fri Nov 27, 2015, on IRA Trust

If you have named your children as beneficiaries of your individual retirement account (IRA), you have likely made a mistake that exposes the IRA to your children’s spouses, to their creditors and to easily avoidable future inheritance and estate taxes. Forming and naming an IRA Trust for your child as the beneficiary easily corrects this mistake.

Congress requires that all qualified retirement plans—including IRAs, SEP-IRAs, 401(k) plans, and 403(b) plans—must allow an IRA Trust to be named as a beneficiary. By doing so, Congress allows you to form an IRA Trust for your child that allows the Inherited plan to remain tax-deferred.

Klenk Law

Hourly vs. Estate Percentage for Delaware County Probate Fees

Posted on Sat Nov 21, 2015, on Fees

From our “Ask a Question” mailbag: My dad died recently and his estate-planning attorney wants to charge us a percentage of the estate to act as the probate lawyer. I see that you charge hourly. Which is better?

I have found over the years that charging a percentage of the estate as the estate’s lawyer is seldom fair. Usually the percentage is disproportionate to the work done. I find that being paid hourly for actual work done is fair for everyone. Either way is legal and proper, I just feel more comfortable charging by the hour.

Klenk Law

What Our clients are saying

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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.

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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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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.

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Bill

I met Peter soon after he started his practice in Philadelphia, PA. He and his team have always been there for me and my various inquiries throughout my life-changing events, corporate relocations. I have lived in various cities throughout the nation, I have never had a problem in contacting Peter or a member of his team. He and his office responds quickly and returns calls to me to fulfill my requests for information or to revise my estate needs while posing relevant thought-provoking questions that I need to consider to secure my future. One of Peter's best qualities is his ability to answer clients complicated questions in a simple way to ensure comprehension.

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Sean Quinn

Great firm. Great people. Happy to refer folks in need to estate planning to Peter and his team. They do great work.

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