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Tag: Surcharge

How Do I Prove A Breach Of Fiduciary Duty?

Posted on Sun Sep 11, 2016, on Estate Litigation

From Our “Ask a Question” mailbag: “My mother died in Montgomery County, PA, and set up a trust for me in her will. The Trust pays out now that I am 40. I recently found out the trustee failed to pay the Trust’s income taxes for ten years. How do I prove that he committed a breach of fiduciary duty? Can I make him pay the interest and penalty?”

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Executors and Surcharges in Lehigh County, PA

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.

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The Klenk Law team was a pleasure to deal with! Peter was responsive and helpful, and took good care of our needs!

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Jeff Bretz

Both Melissa and I thank Jackie and Daniella, and your firm for excellence in the handling of Mary's estate!!!

We look forward to working with you in the future on other family estate matters.

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We have been using Klenk law for a decade. Always good advice and fast execution. Highly recommended!

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Overall I great experience with Daniella and the rest of her team to work with me for my fathers estate. Never was an issue that couldn’t be fixed. I highly recommend klenk Law firm.

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