Klenk Law

Tag: Surrogate’s Court

How do I get a Personal Representative to hold up their end of a will’s terms?

Posted on Mon Nov 16, 2015, on Probate and Estate Administration

From our “Ask a Question” mailbag: My Mom’s will says that all estate money is divided equally between her children. The Personal Representative said she would be writing us equal checks. It has been 9 months and I have not received a check. How do I get her to hold up her end of the will terms?

New Jersey gives the Personal Representative a great deal of unsupervised power to handle the estate. If you feel that this power is being abused, you have the right to force her to appear in court and explain herself. You can hire an attorney experienced in Surrogate’s Court litigation who can file for you a Petition forcing the Personal Representative to file a Schedule of Distribution, which is her road-map plan of how she will distribute the estate’s assets.

How to defend my use of Power of Attorney in Camden County, New Jersey?

Posted on Thu Jul 2, 2015, on Formal Accounting

From our “Ask a Question” mailbag: My mother named me her Agent under her Camden County, New Jersey Power of Attorney, and I cared for her for years. Now my sister claims I embezzled and stole money using the Power of Attorney. How do I clear my name?

As Agent, you are permitted to retain a Camden County Surrogates Court Attorney to assist you in filing a Formal Accounting of all your actions as Agent. This accounting is then provided to all interested parties, who are free to either accept the terms or object.

How can I defend my use of Power of Attorney in Gloucester County, New Jersey?

Posted on Tue Jun 2, 2015, on Power of Attorney

From our “Ask a Question” mailbag: My mother named me her Agent under her Gloucester County, New Jersey Power of Attorney, and I cared for her for years. Now my sister claims I embezzled and stole money using the Power of Attorney. How do I clear my name?

As Agent, you are permitted to retain a Gloucester County Surrogate’s Court Attorney to assist you in filing a Formal Accounting of all your actions as Agent. This accounting is then provided to all interested parties, who are free to either accept the terms or to object.

Do I Need to Probate In Atlantic County, New Jersey?

Posted on Sat Apr 4, 2015, on Probate and Estate Administration

My entire life I have lived in Atlantic County, New Jersey. My parents lived in Atlantic City, and so do I. My father died two years ago and my mother passed away as an Atlantic County resident last week. I was an only child, and everything in my mothers Will was left to me, and I am executor. Do I need to probate her Will or open an Estate? Her only assets were our family home valued at $600,000 and her car.

In New Jersey, there are only few cases where there is no need to probate a Will. The two most common situations are 1) when a person dies with no individually held assets or 2) an individual dies with no assets whatsoever.

New Jersey Will Contests

Posted on Mon Aug 13, 2012, on Will Contests and Will Challenges

Any number of reasons may cause a contest. Sometimes a will contest stems from the deceased’s discomfort with death and taxes, so issues that should have been addressed during lifetime are left unresolved and can only be settled in the Surrogate’s Court. Some Will contests are due to bad drafting by attorneys not trained and experienced in wills, trusts and estate planning. Sometimes dishonest actions by dishonest people cause will contests. As veteran Will Contest Attorneys we get to see the good, the bad and the ugly side of people. From Sussex County in the North, to Cape May County in the south, greed will often raise its ugly head when a person with assets is in a weakened state and susceptible to undue influence.

The parties to a will contest may vary. Our will contest lawyers have represented heirs, descendants, family members who were excluded or received reduced amounts in the Will and charities or other non-profits who the deceased promised a share of the estate. If charities are involved, the attorney general may also become a party to the contest.

Dying Without a Will in New Jersey

Posted on Mon Aug 6, 2012, on Intestacy, Dying Without a Will

Many New Jersey residents will die without a Will. Many will die unexpectedly before they can prepare a Will, but most people simply just don’t get around to writing a Will. If you die without a Will in New Jersey, you are said to die “Intestate”, or without testamentary documents. It is not true that if you die without a Will in New Jersey that your assets pass to the state. Instead, a set of rules decide who is in charge of your estate and to whom your assets pass.

Surrogate’s Court: If a New Jersey relative of yours dies without a Will (“Intestate”), and you wish to represent that person’s estate, you must get permission though the Surrogate’s Court. Each county has a Surrogate’s Court, so the first step is to determine which Surrogate’s Court has jurisdiction over the estate. For example, if the deceased was a resident of Camden County but died in a Berks County hospital, it is the Camden County Surrogate’s Court that has jurisdiction over the case. At times a person becomes ill and moves just prior to death. For example, if a person lived her entire life in Gloucester County, but became ill and moved to her daughter’s house in Atlantic County two months before she died and she would have never moved but for the illness, the Gloucester County Surrogate’s Court has jurisdiction over the estate.

What Our clients are saying

Stars

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

Stars

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.

Stars

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...

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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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Great friendly staff

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I'm totally satisfied with Klenk Law. Peter has a great legal mind with the personality of the guy next door.

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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.

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Answered my question quickly and referred me to a colleague that could handle my problem

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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 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.

Stars

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Stars

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.

Stars

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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.

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Always professional and very responsive. Everyone on the staff that I have worked with. I look forward to continuing our relationship.

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Surprisingly easy

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Affable...yet surprisingly cerebral estate planning atty. High marks all the way around.

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Peter and his associates made things easy for us.

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