Klenk Law

Tag: Probate Attorney

My Sister Stole My Father’s Gun Collection During His Funeral. How do I get it back?

Posted on Tue Jun 5, 2018, on Probate and Estate Administration

From Our “Ask a Question” mailbag: How Does An Executor Recover Stolen Property? “My father was an avid hunter and assembled an impressive gun collection. I am the executor of his Will, and he divided the collection between my sister and myself. During his funeral, my sister left the funeral, drove […]

How to Sell the Estate’s Stocks?

Posted on Sun Jan 24, 2016, on Probate and Estate Administration

From our “Ask a Question” mailbag: My grandmother died in a senior living facility in Philadelphia. She died without any real assets except for a small bank account and some stock held just her name. Her will said the stock was supposed to be used to pay her last bills and then anything left over would be divided among the grandchildren. We’re confused as to how to sell the stock once we do the transfer paperwork. Do we have to sell it through Computershare or can we sell it through any brokerage?

Can An Executor Sell Estate Property Without Beneficiary Approval?

Posted on Thu Oct 15, 2015, on Probate and Estate Administration

From our “Ask a Question” mailbag: My father recently died a resident of Chester County, PA, but he owned a nice parcel of land in Susquehanna County, which has a Marcellus Shale gas lease. I found a buyer at a great price, as I am worried that the recent drop in oil prices could reduce the land’s value.

My brother was left out of the will, for very good reasons. He contacted the buyer and told him he plans to challenge the will. Now, the buyer might try to back out, as he doesn’t want to get stuck in litigation. My brother is full of bull: he never will challenge the will, as he knows it is bulletproof, but he knows he can draw this out and cause me trouble. What can I do?

Normally, your brother has one year from the date of the will’s filing to bring his Will Challenge. So, if you do nothing, then you just have to wait for the year to expire.

How to File a Formal Accounting to Bring The Estate to an End.

Posted on Wed May 13, 2015, on Formal Accounting

From our “Ask a Question” mailbag: I have served as the Executor for my mother’s Delaware County estate for over a year and wish to close the estate, but my brother claims that I have embezzled money from the estate. This is ridiculous, but how can I close the estate while he makes these claims?

It is unfortunate that your brother is making these claims, but there is a forum available to you that will allow you to bring the estate to a close.

Please Explain the Pennsylvania Inheritance Tax!

Posted on Fri Jun 27, 2014, on Probate and Estate Administration

Whenever I am helping my Pennsylvania clients with estate planning, or working with the executor of a Pennsylvania estate, I am given the opportunity to explain how the Pennsylvania Inheritance Tax works.

First, let’s break the tax down to its roots. The Pennsylvania Inheritance Tax is a Transfer Tax. It is different from the other taxes which you might pay regularly, like income tax, real estate tax or sales tax. A transfer tax is a tax levied when an asset is transferred from one owner to another. In this case, the transfer tax is taxing the transfer from the deceased to the beneficiary. You have paid transfer taxes in the past if you have ever bought a house or a vehicle with a title. To get the deed or title transferred you paid a fee to the state or county…a transfer tax.

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