Posted on Mon Mar 30, 2015, on Fees
I am the co-executor of my Mother’s Delaware 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 Delaware 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.
Klenk Law
Posted on Sun Mar 29, 2015, on Probate and Estate Administration
I am a New Jersey resident serving as the Personal Representative of my mother’s Camden County, New Jersey Estate. I hired a Camden County attorney to probate the estate and help me administer the estate, but I cannot get her to return my calls. What can I do?
As the Personal Representative, the Probate Attorney works for you. You hire the Probate Attorney and you can fire the Probate Attorney. Many attorneys fail to recognize that we work in a service industry, client satisfaction is important! If you are not getting the service you expect, you can easily retain a new Probate Attorney and your first attorney must turn over the files to the new attorney.
Klenk Law
Posted on Wed Mar 25, 2015, on Probate and Estate Administration
I am the Executor of a Delaware County, Pennsylvania Estate. The beneficiaries are making unreasonable demands and have hinted at attempting to have me replaced as Executor. Should I be worried about removal?
In Delaware County, removing an Executor or Personal Representative is not typically an easy task especially in a plain vanilla estate administration situation. Petitioning for removal of an Executor requires an in-depth knowledge of Pennsylvania law. In its simplest form, in order to remove an Executor, it must be show by clear and convincing evidence that the interests of the Estate are likely to be jeopardized by the Executor’s continuation in office.
Klenk Law
Posted on Wed Mar 25, 2015, on Probate and Estate Administration
I am the Executor of a Lehigh County, Pennsylvania estate. Should I be worried about the beneficiaries attempting to surcharge me?
As an executor, you have a duty to take possession of, maintain and administer all the real and personal estate of the decedent. In essence, you must preserve and protect the property for distribution to the proper persons within a reasonable time, in the manner a reasonably prudent person would in their own affairs.
Klenk Law
Posted on Thu Mar 19, 2015, on Probate and Estate Administration
My Mother transferred her Delaware County home to me two years ago. She recently died. I am going to sell the house soon, but do I have to pay Pennsylvania Inheritance Tax?
Not in your case. The Pennsylvania Inheritance Tax of 4.5% applies to transfers to children at death and includes all gifts made within one year of the date of death. If the house was transferred properly into your name 2 years ago, it will not be subject to the Pennsylvania Inheritance Tax.
Klenk Law
Posted on Tue Mar 17, 2015, on Probate and Estate Administration
Where will my Will be probated if I own homes in Pennsylvania, New Jersey or Florida?
What is the impact of dividing your time between homes in Pennsylvania, New Jersey and Florida? For probate purposes, a person has one “legal” home – termed their domicile. Domicile is where you have your true, fixed, permanent home and principal establishment, and to which, whenever you leave, you have the intention of returning. The impact of the domicile location is widespread, from taxes to probate; domicile can affect many aspects of an estate plan.
Klenk Law
Posted on Thu Mar 12, 2015, on Fees
As Executor of an Atlantic County Estate, can I be reimbursed for mileage?
As the executor of an estate, your expenses incurred in handling the estate are reimbursable 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.
Klenk Law
Posted on Wed Mar 11, 2015, on Fees
Direct estate administration questions lead to simple answers in some states, but require thoughtful analysis and create uncertainty in others. Klenk Law provides clarity on three frequently asked questions in Pennsylvania estate administration: Executor, Administrator and Personal Representative compensation.
Klenk Law
Posted on Tue Mar 10, 2015, on Probate and Estate Administration
I am a New Jersey resident serving as the Personal Representative of my mother’s Gloucester County, New Jersey Estate. I hired a Gloucester County attorney to probate the estate and help me administer the estate, but I cannot get her to return my calls. What can I do?
As the Personal Representative, the Probate Attorney works for you. You hire the Probate Attorney, and you can fire the Probate Attorney. Many attorneys fail to recognize that we work in a service industry, client satisfaction is important!
Klenk Law
Posted on Fri Mar 6, 2015, on Probate and Estate Administration
My Mother transferred her Chester County home to me two years ago and has recently died. I am going to sell the house soon, but do I have to pay Pennsylvania Inheritance Tax?
Not in your case. The Pennsylvania Inheritance Tax of 4.5% applies to: transfers to children at death and includes all gifts made within one year of the date of death. If the house was transferred properly into your name 2 years ago, it will not be subject to the Pennsylvania Inheritance Tax.
Klenk Law
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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
The Klenk team smoothly helped my family with the often thick and cumbersome estate planning documents. We would recommend them for this type of work! Thank you, Klenk Law!
The whole process of ensuring that I can provide my mother her wishes upon her death, was made easy by working with the team at Klenk Law. I received my documents quickly and properly.
Peters' firm has prepared and updated our Wills and Trusts for the last 15 to 20 years. They know the law and help with your decision making to use the law to your best advantage. Response time to your requests is very reasonable, and final reviews and signing is executed in a timely manor with a thorough coverage of the documents. Our most recent updates to our Wills & Trusts were somewhat complicated, in our opinion, but Peter and his staff handled them effortlessly. As you can tell from this review Peter Klenk's firm is top notch.
Jackie is amazing! I have asked her many questions and she answers them professionally and honestly. She is very informative !!!
My experience with Klenk Law was nothing shy of amazing. I had done some quick research when searching for an estate attorney and was immediately drawn to Klenk Law being a veteran owned business and due to their support for veterans, first responders, and teachers . Every member of their staff was knowledgeable and patient through every step of the process and with all of my questions. They were honest and transparent with pricing and expectations. They were very timely with communications and kept me in the loop throughout the process. I will definitely recommend Klenk Law to friends and family.
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