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Tag: Probate Lawyer

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

Caregiver Reimbursement From Bucks County Decedent Estate

Posted on Mon Jul 27, 2015, on Probate and Estate Administration

From our “Ask a Question” mailbag: Before she died, my mother-in-law lived in my Bucks County, Pennsylvania house and required round-the-clock care, which I provided. My husband’s brother and sister did not even visit. Now that she has died, her estate is being divided up between the children. They refuse to compensate me for all the work I did caring for 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 creditors must be paid.

Klenk Law

Executor Bad Acts – Request a Schedule of Distribution

Posted on Fri Jul 24, 2015, on Probate and Estate Administration

From our “Ask a Question” mailbag: My stepfather died about a year ago and left me a very nice truck in his will. The executor stopped taking my calls about when I would get the truck. I just found out he used the truck to haul his boat on a recent fishing vacation. How do I get the executor to give me my inheritance?

Just when I think I’ve heard it all about bad executors, you give me a story of an executor who drives estate assets on his own fishing trip.

Klenk Law

How do I close an estate in Chester County?

Posted on Wed Jul 22, 2015, on Probate and Estate Administration

From our “Ask a Question” mailbag: I have served as the Executor for my sister’s Chester County estate for over a year and want to close the estate. Her son claims that I have embezzled money from the estate. This is ridiculous. 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 your nephew’s agreement. This is not advisable, as your nephew could then use his inheritance to hire a Chester County Orphans’ Court Lawyer and force you to file a formal account.

Klenk Law

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Peter has done our family's trust and estate work since our children were born. He is not only extremely knowledgeable and honest, but makes sure that our arrangements remain current with the changing legal landscape. I would give him my highest recommendation as a professional in his field.

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Peter provided outstanding advice and preparation of a will and trusts.

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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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