Posted on Wed Dec 19, 2018, on Probate and Estate Administration
From Our “Ask a Question” Mailbag: “Please give me Examples of Avoiding Probate.” Examples of Avoiding Probate: Avoiding Probate with a Revocable Living Trust. Mr. Philadelphia had his Estate Planning Lawyer draft a Revocable Living Trust. Mr. Philadelphia served as the sole trustee during his life and moved all […]
Posted on Sun Dec 4, 2016, on Special Needs Estate Planning
From Our “Ask a Question” mailbag: “What is a Special Needs Trust?”
A Special Needs Trust is a trust designed to hold assets for a person receiving needs-based government benefits. The person who benefits from the trust is the “beneficiary.” Typically, the beneficiary is an individual with physical or mental disabilities who qualifies for needs-based benefits, such as Medicaid. Giving this person money or making them an heirwould disqualify them. Special Needs Trusts were created to hold assets for these people without excluding them from the benefits. A Special Needs Trust allows you to look out for your loved one by providing them with the little extras that will improve their life.
Posted on Mon Oct 3, 2016, on Special Needs Trust
From Our “Ask a Question” mailbag: “Can I form a Special Needs Trust during my lifetime? I would like to put some money aside for my Special Needs son now. But I don’t want to disqualify him from his Medicaid.”
Posted on Mon Sep 26, 2016, on Special Needs Trust
From Our “Ask a Question” mailbag: “At my son’s death, can I decide who receives any remaining money in the Special Needs Trust? I want to set up a Special Needs Trust for my son in my Will. But, when he dies, can my daughter receive what money remains?”
Posted on Fri Sep 9, 2016, on Special Needs Estate Planning
From Our “Ask a Question” mailbag: “I am setting up a Special Needs Trust for my son in my Will. I am trying to decide if I should pick my daughter or a bank as the Special Needs Trust Trustee. Who should I pick as the Special Needs Trust Trustee?”
Posted on Tue Aug 9, 2016, on Guardianship
From Our “Ask a Question” mailbag: How do I petition for guardianship of my brother? “My mother has taken care of my severely autistic little brother his whole life in Philadelphia. She can no longer do so and wants me to take on the responsibility. How do I become my brother’s legally recognized Guardian?”
Posted on Wed May 4, 2016, on Special Needs Estate Planning
Our “Ask a Question” mailbag addresses the question, how to equalize inheritances with a special needs child.
“My estate is only large enough to provide care for my Special Needs child. So how do leave an equal amount to my other two sons? Is there a way to equalize inheritances with a special needs child with siblings?”
Posted on Tue Oct 27, 2015, on Special Needs Trust
From our “Ask a Question” mailbag: I want to form a Special Needs Trust for my daughter in my will, to be funded at my death. Will the money I put into the Special Needs Trust be subject to the Pennsylvania Inheritance Tax?
The Pennsylvania Inheritance Tax rate for transfers to children is 4.5%. This tax is payable whether you give the child money outright or if you place the money in a trust. A Special Needs Trust is an Irrevocable Trust that has the added language allowing the money to be available for a Special Needs Person’s care, but still allows that person to qualify for Medicaid.
Posted on Thu Oct 22, 2015, on Special Needs Trust
From our “Ask a Question” mailbag: I am planning to set up a Special Needs Trust for my son and place a gift in the trust each year to help provide care for my son after my death. If he dies without the entire amount being used, whom can I name as the beneficiary?
If I have the facts correct, you are thinking about forming an Irrevocable Trust for your son during your lifetime (“inter vivos”) and then placing money into the trust every year to create a pool of funds to provide care for your son after your death. I also assume, in order to provide the maximum tax benefits, you will use Crummey Powers to make these transfers free of Federal Estate Tax, and you will not serve as trustee.
Posted on Fri Oct 9, 2015, on Special Needs Estate Planning
From our “Ask a Question” mailbag: My son is a special needs child and I have formed a Special Needs Trust in my will for his care. How do I fund this Trust without paying the Pennsylvania Inheritance Tax?
If you are unable to fund the trust until your death, then the only way to fund the trust without paying the 4.5% Pennsylvania Inheritance Tax on transfers to children (or to trusts for children) is to use life insurance.
Thanks to a skilled lobbying group, life insurance is exempt from the Pennsylvania Inheritance Tax.
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!
Dylan. S
Peter provided outstanding advice and preparation of a will and trusts.
Brandon. L
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.
Nafeesha. B
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...
Chris B.
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!
Qiana Wright
Great friendly staff
Susan W.
Tremendous firm with bright, kind and tenacious people. Great representation for our family.
Linda F.
I'm totally satisfied with Klenk Law. Peter has a great legal mind with the personality of the guy next door.
Sheldon P.
Everything about my experience was a 10+! Peter and his staff made what I thought would be a difficult process easy and understandable. Every detail was handled correctly. No other firm could possibly do better than Klenk Law!
Ronald W.
Peter and his staff are very responsive and always willing to help my clients and in a cost efficient manner.
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.
Darryl J.
Answered my question quickly and referred me to a colleague that could handle my problem
Ian Marchant
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.
Andrea Wilson
Peter is excellent. I had a very complicated situation with my parents' estate planning and potential Medicaid needs. Peter was very knowledgeable in estate planning matters, able to define the best solution for the situation. Additionally, he was congenial and able to communicate effectively to my senior citizen parents the benefits of estate planning. He earned my trust, and more importantly, my parents' trust in a 45 mins consultation period. Highly recommend Peter. He is very easy to work with.
Chantee C.
Peter recently gave a presentation about Wills & Trusts at my employer, and it was fantastic! He was extremely knowledgeable and provided valuable information to the group. People were very engaged and asked several questions, all of which Peter thoroughly answered. Personally, my husband and I have selected Peter to help us with our estate planning, and he has been very helpful in providing us with all of the information we need to provide a secure future for our family. Thank you, Peter!
Dylan Small
Peter provided outstanding advice and preparation of a will and trusts.
Christopher F.
Peter explained things in a way that was easy to understand. Everything was done in the time frame he said it. Could not have been better!
Albert A.
You & your staff are the best thank you for everything.
Stephen T.
Peter and his staff handled all of our needs in a very professional and timely matter.
Maxine G.
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.
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.
Chris Curcio
Fantastic customer service. Very personable and most importantly they provide great explanations of what is required based on your individual needs. Highly recommend Klenk Law for anyone that needs to create a will and estate documents.
Joe Peters
Always professional and very responsive. Everyone on the staff that I have worked with. I look forward to continuing our relationship.
Michael Patete
Surprisingly easy
MJG
Affable...yet surprisingly cerebral estate planning atty. High marks all the way around.
A.R.
Peter and his associates made things easy for us.
Let us put our expertise to work for you.
Free consultation within 24 hours.
