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Pennsylvania estate executors and administrators – known broadly as personal representatives, typically take the same first step when called to administer an estate. They research and find an experienced probate attorney to guide them through the process and establish that attorney’s fees. Why is hiring a probate attorney essential?
As the executor of an estate in Burlington County, NJ, your expenses incurred in handling the estate are reimbursed from the estate assets. Typical examples are filing fees, parking fees, and money that you pay to have the estate assets secured or cleaned. You are also reimbursed for reasonable travel costs that were incurred only because of the estate.
First, if your Mother’s attorney is serving as the executor and will also be providing your mother’s estate legal services in Philadelphia 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.
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.
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.
A little preparation will greatly decrease the amount of time you will spend in the Register of Wills’ office. If you are the named executor in a will and are preparing to take the will to the Register’s office, here is what you will need:
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!
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"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
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Philadelphia PA, Allentown PA, King of Prussia PA, Montgomery County PA, Bucks County PA, Doylestown PA, Jenkintown PA, Marlton NJ, Moorestown NJ
What Our clients are saying
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Ellen G.
I have had Peter Klenk prepare and revise my will. Always professional, knowledgeable and offers great advice. Highly recommend
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Dylan Small
Peter provided outstanding advice and preparation of a will and trusts.
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Stephen T.
Peter and his staff handled all of our needs in a very professional and timely matter.
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Glenn P.
Peter Klenk ESQ is a thoughtful and capable attorney who we work with on estate planning issues. His firm recently provided us with new Wills, Power of Attorneys and our instructions regarding major health issues. These documents are important for estate and life planning. Peter and his team are masters in the complexities of Estate Law. We highly recommend Peter and his Associates to provide thoughtful advice and outstanding work on these complex issues of the law. Make sure your estate planning documents are up to date, and Peter can be relied on to do an excellent job. Well done Peter!
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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.