When a person dies, their debts must be organized and paid off before their heirs can receive any assets. Probate is necessary with or without a will. However, when there is no will, the court will name a representative to handle the estate’s affairs. Furthermore, a judge will decide who gets what. Sometimes, the probate process does not go as smoothly as it could, and a dispute arises. When this happens, an estate litigation lawyer Philadelphia, Pennsylvania has to offer should be consulted.
Once a will has been filed with the probate court, the estate representative will have a legal duty to oversee several steps. Creditors and heirs have various rights and privileges, while at the same time, there are several limitations. Finally, a will is a matter of public record. Anyone can view the will. At some point in the probate process, it is possible that not everyone who is involved, or believes they should be involved, will be satisfied with the outcome. For example, anyone who feels they have the right to claim part of the estate, or on the other hand, who believes another party should not have access to the estate, can file a litigation claim.
As a Philadelphia, Pennsylvania estate litigation lawyer might tell you, this area of the law is considered to be one of the most contested areas. Estate litigation is likely to include heated emotions, extensive arguments, and a large amount of time and money. When a solution cannot be reached amicably, a dispute can last for months or years.
Wills are disputed for a number of reasons. Our estate litigation lawyers in Philadelphia, Pennsylvania, has handled cases including:
Estate litigation might also include:
It should be understood that there is a period of time to contest a will. This will depend on the location of the probate claim. For example, this could be as little as 30 days; however, there are exceptions. A will contest is not something you should embark on without any thought. If you don’t know whether or not you have valid grounds to contest a will, you can talk with an estate planning lawyer in Philadelphia, Pennsylvania, who also handles litigation matters. Call Klenk Law.
Klenk Law has been litigating estates for years. Many of our cases have been successfully resolved avoiding court. This is because we are masterful negotiators and mediators. A result like this can save an enormous amount of time, money, and energy. In the event, we take a case to court, count on our estate litigation lawyers in Philadelphia, Pennsylvania, and fight for your rights and interests. Call us today.
I was referred to Peter after my divorce to put documents together to protect my assets. He suggested a number of documents that would help protect my children and their future. Also, he put together wills, power of attorney and living wills. I initially spoke with him on the phone, he took 30-40 minutes to understand my situation and explain the benefits of having such documents. After a week or two, I met with him in his office and signed the documents. Everything else was remote phone calls and emails. He re-explained these documents and what whom to share. I am in good hands.
I'm totally satisfied with Klenk Law. Peter has a great legal mind with the personality of the guy next door.
Great firm. Great people. Happy to refer folks in need to estate planning to Peter and his team. They do great work.
I have had Peter Klenk prepare and revise my will. Always professional, knowledgeable and offers great advice. Highly recommend
Peter has done our family's trust and estate work since our children were born. He is not only extremely knowledgeable and honest but makes sure that our arrangements remain current with the changing legal landscape. I would give him my highest recommendation as a professional in his field.