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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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What Our clients are saying

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Tina Krovetz

Fantastically easy and efficient team to work with getting our wills done. We will use Klenk again in the years to come. I highly recommend Peter Klenk.

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Stephanie Sesker

We were extremely pleased with the work done by Peter Klenk and members of the staff at Klenk Law. They were very thorough and did the work in a timely fashion. Peter's explanations of the legal system were very clear and helpful. I highly recommend this firm and Peter.

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David Major

Had our will done with Peter and his team. Made the process super easy and understandable. His team lead by Laura Parisi were always available for questions and assistance. Professional and personable they made what can be a challenging experience hopeful and graceful. Cannot recommend their services enough!

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Gwen Hinrichs

I can't tell you how satisfied I am with this law firm. They were competent and helped me with a very difficult situation. They got the job done in a timely fashion and I am so happy I found them. If you find yourself in a difficult and contentious probate situation I highly recommend this firm. There is just no way I could have had this positive outcome without them. I worked with 2 different lawyers prior to hiring them and neither of them could get the job done like Klenk. Daniella Horn was a pleasure to work with and highly competent.

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Sydney Magerman

Daniella was fantastically wonderful. A joy to be around and filled our conversations with so much educational knowledge. I’ve learned so much from her about being a great person and I can’t wait to work with her again

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