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.
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 provided outstanding advice and preparation of a will and trusts.
Peter Klenk & Associates is my go-to firm for estate planning and advice in probate and estate administration. Peter and his attorneys are top-notch and exceptionally responsive. Peter has the knack of being able to explain extremely complex tax and estate planning issues in a manner that clients are easily able to understand and comprehend allowing them to confidently make important decisions.
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.
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!
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