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Tag: Probate Attorney

Can I be sued as the executor in Pennsylvania?

Posted on Wed Aug 12, 2015, on Probate and Estate Administration

From our “Ask a Question” mailbag: I am named as the executor in my mother’s will, but my family does not get along at all. Already, disagreements about the sale of land have become heated. If I agreed to serve as executor, can I be sued if my family has disagreements?

As the executor, you are a fiduciary, owing the beneficiaries a duty to act in their best interests. You will be given broad powers. To counter these powers, the beneficiaries are given the right to Petition the Orphan’s Court to review your actions and, if the court would find that any action of yours diminished their inheritance, to surcharge you (fine you) to make them whole.

Klenk Law

How do you figure out what a house is worth for inheritance tax?

Posted on Tue Aug 11, 2015, on Probate and Estate Administration

From our “Ask a Question” mailbag: My mother died and left us her house. We got two appraisals, which were near the value listed for real estate taxes. Then, we received a cash offer for a higher amount. Do we pay taxes on the appraisal amount, or the amount we will now sell the house for?

You have an argument for both values, but be careful! The Pennsylvania Inheritance Tax is based on the value of the house on the date your mother died. So, you could argue that the appraised value is correct and that the house simply went up in value after her death. This would mean listing a smaller number on the Pennsylvania Inheritance Tax Return, which you would think means less tax.

Not necessarily so!

Klenk Law

Effect of Signing an Executor Release in Montgomery County

Posted on Mon Aug 10, 2015, on Probate and Estate Administration

From our “Ask a Question” mailbag: The lawyer serving as the executor for my mom’s Montgomery County estate has sent me documents called an Informal Account and a Receipt, Release, Refunding and Indemnification Agreement. If I sign this, do I waive my rights to ask any questions?

As a beneficiary of your mom’s estate, you have the legal right to have a Probate Attorney ask the executor to file an accounting with the Montgomery County Orphans’ Court. But, the cost of compiling the accounting will be paid out of estate funds. Which will reduce the pool available for distribution to the estate’s beneficiaries.

Klenk Law

What happens if I die without a will after a second marriage in Pennsylvania?

Posted on Mon Aug 10, 2015, on Intestacy, Dying Without a Will

From our “Ask a Question” mailbag: I am married to my second wife and live in Chester County, Pennsylvania. We have been married for many years and everything we own is in joint names. I don’t have a will. If I die first, don’t my children from my first marriage get part of my estate?

If everything you own is held jointly with your wife and she survives you, then she has the right to take all of your assets. Your children will get nothing. Your second wife has no obligation to give your children anything, so she could disinherit them at her death.

Klenk Law

Do I have to pay estate creditors in Gloucester County if no estate is opened?

Posted on Fri Aug 7, 2015, on Probate and Estate Administration

From our “Ask a Question” mailbag: My husband died a resident of Gloucester County without a will. All his assets were owned jointly with me. This week, I received a form letter in the mail from a creditor saying they had issued a statement and proof of claim against my husband’s estate. Also, they requested immediate payment in full. It is addressed to his estate, but came in the mail to me. What should I do?

When someone dies without a will and all their assets are held jointly with a spouse, there is no need to file a will as the assets pass to the surviving spouse because of the joint ownership. That being said, avoiding probate by using a joint ownership does not mean that he avoided his creditors.

Klenk Law

What fees can an attorney executor charge in Lehigh County?

Posted on Thu Aug 6, 2015, on Fees

From our “Ask a Question” mailbag: I am the co-executor of my mother’s Lehigh County, Pennsylvania estate, along with her attorney. What fee can he charge?

First, if your mother’s attorney is serving as the executor and will also be providing your mother’s estate legal services in Lehigh County, the attorney should not be charging both fees:

an executor’s fee and
a fee for legal services based solely on a percentage of the estate.

Klenk Law

Obtaining Decedent’s Bank Assets in New Jersey

Posted on Fri Jul 31, 2015, on Probate and Estate Administration

From our “Ask a Question” mailbag: My father died a resident of Burlington County, New Jersey. I live in California. His only asset was his bank account, and I am his only child, but the bank will not give me the account. They say I need to get a certified certificate from the Surrogate. Why is this?

When someone dies a resident of New Jersey, their assets pass to other persons or entities either under their will or, if they have no will, by the New Jersey rules of intestacy.

The bank has no idea who should get those funds in his account, as your father could have a will giving them to anyone

Klenk Law

Can I be sworn in as a Personal Representative in New Jersey if I live out of state?

Posted on Thu Jul 30, 2015, on Probate and Estate Administration

From our “Ask a Question” mailbag: My father died a resident of New Jersey, but I live in Florida and have trouble traveling. Can I be sworn in as Personal Representative outside New Jersey?

It is possible to make arrangements for you to be sworn in as a New Jersey Personal Representative by the Surrogate of your county in Florida. This takes a bit more time and expense, but is cheaper than flying back and forth to New Jersey.

Klenk Law

Sibling Stole Part of the Inheritance in Delaware County – You Have Options

Posted on Tue Jul 28, 2015, on Probate and Estate Administration

From our “Ask a Question” mailbag: My mother died late last year a widow survived by my sister and me. Her will named me as executor and divided all assets equally between my sister and me. Right after the funeral, my sister drove to my mother’s house and took all the jewelry and refuses to return any of it. What can I do?

As executor, you have a few options. The right answer will depend on how much conflict you wish to have with your sister. (Although, conflict might be unavoidable at this point.)

Klenk Law

What Our clients are saying

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Rocco D.

I have worked with Peter Klenk & his associates for some time now and I have found them to be ultra-qualified, knowledgeable and diligent about their work. I highly recommend them.

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Peter G.

Very knowledgeable! Peter Klenk always has a thorough answer, and the associates have more experience than you'll find at most firms. They really only do estate work.

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Joe Peters

Always professional and very responsive. Everyone on the staff that I have worked with. I look forward to continuing our relationship.

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Brian M.

Peter explained a complex subject very clearly, helped us to decide the best approach to managing our estate and then made it very easy for us to execute the required documents. He will be a valuable resource for years to come and clearly has a great understanding of estate law that will lead to innovative solutions for us. I would unhesitatingly recommend him for estate planning.

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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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