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Tag: Will Challenge Attorney

How do I challenge a will that doesn’t give something promised to me?

Posted on Thu Jun 18, 2015, on Will Contests and Will Challenges

From our “Ask a Question” mailbag: My neighbor promised to give me her Philadelphia house in her will. She died recently and her son, who did not talk to her for 10 years, has filed a Will from the 1970s that gives him everything. Can I challenge that will?

If I understand the facts correctly, your neighbor died and — to the best of your knowledge — her most recent will was the one her son filed with the Philadelphia Register of Wills. That will is very old, but — again, as far as you know — is the most recent Will she signed. Though she verbally promised to give you the house in Philadelphia, she failed to write a new will that backs up your claim.

Klenk Law

Philadelphia Will Challenges; a Short Introduction

Posted on Tue Jun 9, 2015, on Will Contests and Will Challenges

From our “Ask a Question” mailbag: My grandfather, a resident of Philadelphia, Pennsylvania, died of dementia 12 years ago. Shortly before his death, his will was changed, giving everything to my aunt. We believed that my grandfather died broke. However, now that my aunt died, we found out that he had a joint account with her containing a large sum of money. The prior will states that I would receive one-fourth of his estate. Can I challenge the will?

First, a will challenge case alone based on incapacity or undue influence, even if successful, would not help you. You stated that the funds were in a joint account. A joint account passes outside of probate, meaning the will has no effect on the joint ownership.

Klenk Law

What’s the Statute of Limitations for Will Challenges in Montgomery County, PA?

Posted on Mon Jun 1, 2015, on Will Contests and Will Challenges

From our “Ask a Question” mailbag: My Grandfather, a resident of Montgomery County, Pennsylvania, died of dementia 12 years ago. Shortly before his death, his will was changed giving everything to my aunt. We believed that my grandfather died broke, but now that my aunt died we found out that he had a joint account with her containing a large sum of money. The prior will states that I would receive one-fourth of his estate. Can I challenge the will?

First, a will challenge case alone based on incapacity or undue influence, even if successful, would not help you. You stated that the funds were in a joint account. A joint account passes outside of probate, meaning the will has no effect on the joint ownership.

Klenk Law

Challenging a Will in Pennsylvania: Undue Influence and Lack of Capacity

Posted on Thu Feb 12, 2015, on Will Contests and Will Challenges

Not all family and friends are perfect. And in some cases, they can be downright malevolent. Ensuring family members and loved ones are not unfairly left out of a decedent’s Will is a common concern.

Modern medicine has vastly increased the average lifespan. Sadly, science has not solved every problem, and one in three seniors die with Alzheimer’s or dementia. These diseases affect a person’s judgment, memory and cognitive functions. Often reaching the point where a patient may completely lose capacity to develop or revise their estate plan.

Klenk Law

Pennsylvania Will Challenges; An Explanation

Posted on Tue Jan 27, 2015, on Will Contests and Will Challenges

My Grandfather, a resident of Lehigh County, Pennsylvania, died of dementia 12 years ago. Shortly before his death, his will was changed giving everything to my Aunt. We believed that my grandfather died broke, but now that my Aunt died we found out that he had a joint account with her containing a large sum of money. The prior will stated that I would receive one-fourth of his estate. Can I challenge the will?

First, a challenge case alone based on incapacity or undue influence, even if successful, would not help you. You stated that the funds were in a joint account. A joint account passes outside of probate, meaning the Will has no effect on the joint ownership.

Klenk Law

Executor Options for Handling a Will Challenge in Camden County, NJ

Posted on Tue Oct 7, 2014, on Will Contests and Will Challenges

Question: My brother froze my mother’s will at the Camden County Surrogate’s Office. He says he is challenging the Will. What can I do?

First, let me clarify what has happened. Your brother has filed a Caveat with the Camden County Surrogate. By filing a Caveat, any interested party can prevent the Surrogate from immediately accepting a will and giving the executor the power to control the estate assets. When a Caveat exists, any will filed is then held, and the person who filed the Caveat is notified. In theory, the person who filed the Caveat will then go to the Camden County Surrogate’s office to review the will. If they wish to challenge the will, they will then proceed. If they do not wish to challenge the will, they will withdraw the caveat.

Klenk Law

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.

Klenk Law

Camden County Will Challenges, Explained for the Non-Lawyer.

Posted on Thu Aug 9, 2012, on Will Contests and Will Challenges

Most people are honest, but some people are not.

As New Jersey Challenge Attorneys, we focus our litigation practice exclusively on Will Challenges, Will Contests and other estate disputes. Over our many years as Will Challenge Lawyers we have seen the dishonest things that some people will do; including forging wills and using undue influence on people to sign wills.

Time Limits, 4 months or 6 months: If you feel a Will Challenge need be made, act quickly or you may lose your chance for challenging the Will. If you are a New Jersey resident, you only have four months to file your petition or if you are a non-New Jersey resident you have only six months. If you delay, you are bared from filing your Will Challenge and a wrong might go undiscovered. It would be even better if you contact us prior to the Will being filed, as our Will Challenge Lawyers might be able to prevent the Will’s even be filed with the Surrogate.

Klenk Law

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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.

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Anna B.

Professional, cheerful, thorough and fast. Peter responded to my request for a consultation right away, and within just a few days my last will and living will were done. Rates are standard.

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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.

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Sharon S.

I contacted Peter through his website using the free consultation link for a question regarding a will. While I was expecting only a few minutes, it was a lengthy conversation. He made sure he understood the situation by asking many questions before offering advice. He then went through my options and results of each one. He left it up to me to decide if I wanted to proceed and did not push me toward one or another. His website has very useful information which I definitely researched before I called him. While I decided not to proceed at this time, I feel I had enough information to make that decision. I would not hesitate to hire him should I need to in the future.

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Klenk Law is an exceptional practice. Their fine lawyers and staff team up to produce excellent results for their clients. They excel at explaining the often cryptic laws and policies that govern estate planning right down to the complexities of the various "trust" frameworks. Peter himself manages each client together with his great team, and he has a rare quality to be both a walking encyclopedia of planning minutia and also one of the most likable lawyers I have ever had the pleasure of dealing with. He is truly generous in intellect and in his personal approach to getting the "big picture" for complex family structures. I trust him implicitly to help me make the right choices for the future. In short, Klenk Law is a gem of a firm.

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