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Tag: Probate Lawyer
From our “Ask a Question” mailbag: My father-in-law died in Lehigh County without a Will. My wife has one brother who is younger than her. Who is responsible for his funeral bill, as the funeral director is billing us?
Typically, when a person dies the family will make arrangements with the funeral director to pay the bill themselves and then are reimbursed by the estate. Often, the funeral director will not take on the expense of the funeral without knowing they will be paid. Your question makes it sound as if you did not agree ahead of time to be responsible for the bill. If so, then you are not responsible to pay the bill, though I am sure the funeral director would prefer that you pay that bill.
From our “Ask a Question” mailbag: I am the executor of my father’s estate in Lehigh County. My sister and I do not speak, so the process has been terrible. She refuses to sign the family settlement agreement I sent her, and instead has petitioned the Orphans’ Court to make me account. Do I need to respond?
Yes, you must respond to the petition. As a beneficiary, your sister has every right to ask that you file a formal account with the Court. She does not have to show that you have done anything wrong, only that she is a beneficiary. She may have done you a favor, because it is clear that she was never going to sign your family settlement agreement. This would mean dragging the estate administration on potentially for years. Now you get a court-mandated end date.
From our “Ask a Question” mailbag: My aunt’s will names me as her Personal Representative and divides the estate between all of her nieces and nephews. We are not a close family and there have been disputes in the past. I am worried that my cousins will be angry that I was named the Personal Representative and may cause trouble. Can they sue me as the Personal Representative?
If you agree to be sworn in by the Surrogate as the estate’s Personal Representative, you will then have a fiduciary duty to all beneficiaries to act in their best interest. You will be given broad powers and be largely unsupervised by the Surrogate.
To counter these broad powers, the beneficiaries are given the right to petition Surrogate’s Court to review every action and expense. Should the court find that any action of yours reduced their inheritance, the judge could choose to surcharge you (fine you) to make up for any loss.
From our “Ask a Question” mailbag: My father died recently. I have been told he had a will done in 2007, but I can’t find it. Where would it be registered?
A will is not usually registered anywhere until the person dies. Normally, it is kept by the lawyer who drafted the will or in a safe location in the house. If you didn’t find it in the house or in a safe deposit box, then you are left to backtrack over time to find the lawyer. This can be a challenge.
My firm sends out summaries of the documents we draft every 4 months to stay in contact with our clients. The attorney who drafted your father’s will may have a similar practice, so watch the mail. Probate is started by having the executor named in the will file the will with the Surrogate. If you can’t find a will, then you can open the estate via Administration. It would be wise to retain an experienced probate lawyer to help you and, if you think there maybe conflict with siblings if there is no will, retain a firm experienced with estate related litigation.
From our “Ask a Question” mailbag: I have served as the executor for my grandfather’s Bucks County estate for over a year and wish to close the estate, but my uncle claims that I have embezzled money from the estate. This is unfounded, but how can I close the estate while he makes these claims?
As the executor, you could make an “at risk” distribution of the estate assets. This means you distribute the money without getting a release. This is not advisable, as your uncle could then use his inheritance to hire a Bucks County Orphans’ Court Lawyer to force you to file a formal account. Because you would have distributed the estate funds, this cost would come out of your pocket.
From our “Ask a Question” Mailbag: After my father’s death, a man arrived claiming to be my father’s illegitimate son. The will says that my father’s estate is divided between his heirs, “per stirpes.” Can this man get a share of the estate?
The phrase “per stirpes” literally means “by the branch”; distributing an estate equally down the bloodline. So, if your father did not exclude this man and if he is truly your father’s son, then he gets a share of the estate. The estate can demand that he take a DNA test to prove he is your father’s son. This is possible by using your blood and that of your siblings. However, this may require a Petition and order from the Orphans’ Court. Therefore it would be wise for the Personal Representative to retain an experienced Estate Litigation Attorney.
From our “Ask a Question” mailbag: My father recently died a resident of Philadelphia and I am the executor of his estate. The will says that he wants $5,000 spent for his wake at his favorite stripper bar. My sister is going to be upset. Can she stop me from honoring dad’s wishes? I read on your site that funerals and wakes are deductible. Is a wake at a striper bar deductible?
In some cultures, the wake is a festive event. In others, it is a somber event.
Your dad went for festive.
His putting his wish in the will and giving you a specific dollar amount puts you on firm ground. If he had just told you this wish without putting it into writing, your sister could more easily stop the wake or later demand that you pay for it out of your share.
From our “Ask a Question” mailbag: I am the Personal Representative for my mother’s estate. I have paid all of the creditors and have distributed the estate to my siblings and myself. I don’t think I have anything left to do, how do I close the estate?
Saying that an estate is “closed” is a misnomer, as the estate is never, really closed. The term refers to when the final assets of the estate are distributed, which normally means that the Personal Representative has no further work to perform. This takes place after the family settlement is signed.
From our “Ask a Question” mailbag: My brother has had money problems his whole life. At various times my parents lent him money and he made a few efforts to repay, but he owed most of it still at their deaths. As executor I brought these loans up and he now says they were gifts, not loans. We split the estate equally, but if he gets to say these were gifts he will have ended up with much more money than I, which is unfair. What can I do?
As the executor you are tasked with gathering the estate assets. Loans are assets, so you do have the right to gather information to prove the validity of the loans. As executor you also have the right to hire professionals to assist you, such as accountants and attorneys.
It is time for you to hire a professional to review the evidence and advise you. You could take the position that these are loans and reduce his share of the estate, but if he refuses to sign a release he will be free in the future to file a petition forcing you to account and demanding a larger share of the estate.
From our “Ask a Question” mailbag: Before she died, my mother-in-law lived in Delaware County, Pennsylvania and I drove from the Jersey Shore every weekend to take care of her. Now that she has died, her estate is being divided up between her children and they refuse to compensate me for all the miles I traveled taking care of their mother. Can I make a claim to be paid?
Your mother-in-law’s estate is to be divided up between the heirs as her will dictates, or through the rules of intestacy if she had no will. Prior to the division of the assets, all her creditors will be paid. If you had no agreement showing that you were to be reimbursed, it will be difficult to prove that you are a creditor.
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Peter provided outstanding advice and preparation of a will and trusts.
Peter was excellent. He explained everything very clearly and is super friendly. My wife and I originally tried using a lawyer through group legal coverage, but unfortunately the old adage - "you get what you pay for" - applied to the other lawyer, and we decided to go with a real professional.
When it came down to picking the right attorney to handle my affairs, I knew right away it was this firm. From speaking to their secretary to speaking to Peter I knew I was making the right decision. After only a few mins Peter knew right away what I was looking for and handled all my questions professionally and even gave me great feedback that put my mind at ease. All that without even giving a single penny! So of course I hired him! So far so good...
AWESOME LAWYER! Peter Klenk is an exceptional attorney and a very nice person! Today I spoke with Peter about estate planning and was impressed with by his professionalism, cordiality, and attention to detail. I highly recommend Klenk Law for probates, wills, trusts, and other issues germane to estate planning!
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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.
Answered my question quickly and referred me to a colleague that could handle my problem
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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Peter provided outstanding advice and preparation of a will and trusts.
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Peter Klenk made a complex subject understandable and allowed us to move forward with our estate planning. He was patient with our questions and creative in the solutions he proposed.
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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