Posted on Sat Dec 9, 2023, on Trusts
From Our “Ask a Question” Mailbag: “Can a Trustee Remove a Beneficiary From a Trust?” Can a Trustee Remove a Beneficiary From a Trust? In general, a Trustee cannot remove a beneficiary from a Trust. However, the Trust language may allow the Trustee to remove a beneficiary or reduce distributions. […]
Klenk Law
Posted on Sun Nov 8, 2020, on Probate and Estate Administration
From Our “Ask a Question,” Mailbag: “What is an executor as compared to a trustee? Are they interchangeable?” What is an Executor as Compared to a Trustee? Before answering this question, it is important to understand what a “fiduciary” is. A fiduciary is a person or organization with a legally […]
Klenk Law
Posted on Fri May 24, 2019, on Trusts
Trust Lawyer in Cherry Hill, NJ Understanding Grantors and Trustees, Let’s Talk! Grantors form trusts. Trustees run the trust. These jobs seem simple, but like most jobs, there is much more behind the title. Being designated as a trustee or successor trustee should raise questions in your mind. Trustees owe […]
Klenk Law
Posted on Fri May 24, 2019, on Trusts
Estate Lawyer in Allentown, PA: Let’s Talk about The Duties and Responsibilities of a Trustee. If you are named as either a trustee or successor trustee for someone’s trust, you may be wondering what your duties are. Understanding The Duties and Responsibilities of a Trustee is crucial. A trust lawyer […]
Klenk Law
Posted on Fri Sep 9, 2016, on Trusts
From Our “Ask a Question” mailbag: “I am thinking about forming a trust for my minor child, but I read that a trust could be a “simple trust” or a “complex trust,” what is a complex trust?”
Klenk Law
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?”
Klenk Law
Posted on Sun Oct 5, 2014, on Estate Litigation
Question: Can a Trustee be removed because he did not inform the beneficiaries of the irrevocable trust when they came of age? This Trust is in Camden, New Jersey.
Maybe.
A trustee removal action can be a long and painful process, so no action should be taken without having an experienced New Jersey Surrogates Court attorney review the trust and interview the interested parties.
Klenk Law
Posted on Tue May 22, 2012, on Estate Litigation
I. Standard of Care for Fiduciaries:
A. Prudent Person Standard: The standard of care to which a fiduciary is held in Pennsylvania is that of “common skill, prudence and caution as a prudent man, under similar circumstances, would exercise in the management of his own estate.” In re Estate of Denlinger, 449 Pa. 393, 396, 297 A.2d 478, 480 (1972); In re Musser’s Estate, 341 Pa. 1, 9-10, 17 A2d 411, 415 (1941); In re Estate of Lohm, 440 Pa 268, 269 A.2d 451 (1970); In re Estate of Lerch, 399 Pa. 59, 159 A.2d 506 (1960).
Klenk Law
Posted on Fri Apr 20, 2012, on Trusts
As of November 6, 2006, the Pennsylvania Uniform Trust Act imposes a duty on trustees to inform trust current beneficiaries about the existence of a trust and the current beneficiaries’ rights to receive certain information on the trust. These notice requirements for Pennsylvania trustees are dependent on specific triggering events*. A current beneficiary is a person at least 18 years old to or for whom income or principal of a trust must be distributed currently or a person at least 25 years old to or for whom income or principal of a trust may, in the trustee’s discretion, be distributed currently.
Klenk Law
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!
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Flora Novick
Peter Klenk is an extraordinary attorney with positive guidance and knowledge for all of your Trust and Estate needs. We have used him for over 20 years.
Integrity, exceeding the client's expectations. In-depth knowledge of the law
Peter Klenk and his associates are responsive and professional - It is a pleasure to work with their team. If you have needs in estate planning or administration, they are the firm to go to in the Philadelphia area!
Peter Klenk was great in leading us in the estate planning process.He was clear in describing the various steps and what they would accomplish. We were well satisfied and pleased that we had Peter to guide us.
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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