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Tag: Will Challenge Lawyer

How long do I have to challenge my Dad’s will in Delco?

Posted on Mon Sep 14, 2015, on Will Contests and Will Challenges

From our “Ask a Question” mailbag: My father, a resident of Delaware County, Pennsylvania, died of dementia 12 years ago. Shortly before he died, his will was changed giving everything to my cousin. We believed that my father died broke, but now that my cousin 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 ¼ 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. To be successful, you would first have to prove that the joint account was created improperly-perhaps under undue influence or forgery-so that the assets would pour into the estate. Then you would have to prove that the existing will was invalid.

Klenk Law

When can I challenge a forged will in Montgomery County?

Posted on Fri Jul 17, 2015, on Will Contests and Will Challenges

From our “Ask a Question” mailbag: My partner said that he was going to leave me money in his will. But, at his death, a distant cousin of his filed a will and obtained letters with the Montgomery County Register of Wills that gave everything to that cousin. I think the will is a forgery. Is there a statute of limitations period for me to challenge the will?

Yes. If you had acted before the will was filed, you could have had your Montgomery Probate Attorney file a caveat with the Montgomery County Register of Wills. Doing this would have prevented the distant relative from obtaining Letters Testamentary until you had the chance to review the will. Also, this would have given you more time to decide if you were going to contest the will.

Klenk Law

How long do I have to challenge a will that I think has been forged?

Posted on Wed Jul 1, 2015, on Will Contests and Will Challenges

From our “Ask a Question” mailbag: My neighbor said that she was going to leave me money in her will. However, after my neighbor’s death, a distant relative of hers filed a will with the Philadelphia County Register of Wills that gave everything to that relative. I think that will is a forgery. Is there a statute of limitations period for me to challenge the will?

Yes. If you had acted before the will was filed, you could have had your Philadelphia Probate Attorney file a caveat with the Philadelphia Register of Wills. Doing this would have prevented the distant relative from obtaining Letters Testamentary until you had the chance to review the will and decide if you were going to contest the will.

Klenk Law

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

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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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My family and I was pleased with the service, and insight of Klenk Law. All of our questions and concerns were patiently answered. I will be referring this firm to many family and friends to assist with real estate planning etc. Thank Klenk Law

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I highly recommend this firm. Jackie was a pleasure to work with. I left there’s well educated and had all my questions answered.

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It's our first time doing business with Klenk Law and it was absolutely very positive. All interactions were timely and very professional. Peter and all of his staff put us at ease when making our estate plans and answered any questions thoroughly. We would highly recommend.

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