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An Estate Planning Lawyer Allentown, PA Discusses Circumventing Familial Conflict   

Trust Litigation Lawyer Cherry Hill, NJ

When you need the help of an estate planning lawyer Allentown, PA recommends, contact Klenk Law to see how we can help. Avoiding probate is possible, especially if you ask a probate lawyer in Allentown, Pennsylvania, for help. If you do not want to go through the probate process, it is prudent you take actions that go beyond a will. Utilize several different approaches; for instance, a living trust or the creation of a family limited partnership.

If you don’t understand why you would want to avoid the probate process, consider these reasons.

Your Heirs Won’t Have to Go Through the Probate Process

Our estate planning lawyer Allentown, PA turns to shares that if you choose to place your assets in a trust or other estate documents outside of a will, your heirs may not have to go to court. In some situations, this can save time and money. Further, if your children live far away, they can manage the process remotely.  Also, revocable trusts are not published, so your plan remains private. It may also enable them to focus on healing from any grief they might have.

Your Assets May Be Given to Your Heirs More Quickly

Depending on your situation, a revocable trust may speed up the process. If so, and if your heirs are relying on their inheritance, a quicker process has an advantage. Our estate planning lawyer Allentown, PA relies on, will tell you that in some situations, the probate process can be slower. If you prefer, there are specific stipulations on the trust, an estate planning lawyer Allentown, PA know, can make sure they are included.

Avoid Conflict

If you expect conflict between the heirs after your death, a Revocable Trust can be useful.  By working with your estate planning lawyer, especially one who is familiar with Will Contests, they can put up roadblocks against frivolous will contests. Litigation can cost tens of thousands of dollars. An estate planning lawyer Allentown, PA turns to can help you avoid spending money and time on expensive litigation.  

You Can Avoid Public Attention

Probate is public. Any documents submitted to the probate court become a matter of public record. Therefore the public can view what your heirs have inherited, whether there were any disputes, and more. If you value your privacy or have concerns about the public finding out about your estates’ assets, and the estate’s value, you should consider a trust.

Contesting a Will

For an individual to contest a will, they must satisfy specific requirements. If the complaint does not have merit, the probate judge will likely throw it out of court. A costly mistake for the plaintiff. An estate planning lawyer Allentown, PA resepects, share that in general, for a will to be contested, at least one of four accepted legal reasons must be given and be provable. If the plaintiff petitions the court, then the questionable will may be invalidated by the judge. If this occurs, the judge discards the challenged will, and it will be as if the deceased had not left any will at all. As a result, the probate court will rule on who should inherit which of the estate’s assets and in what amounts. It is, therefore, critically important for all adults to have a valid will in place and for that will to be updated after significant life events occur. With the assistance of our estate planning lawyer Allentown, Pennsylvania clients are in need of from Klenk Law, you can better ensure that your loved ones never have any cause to contest your will after you’re gone. 

Types of Will Contests.

If you’re already in a position where you or someone else is considering contesting the will of someone who has passed away, a Philadelphia, PA estate planning lawyer can tell you if a potential claim meets at least one of the following eligibility requirements:

  1. The testator did not legally sign their will. Pennsylvania state law is very clear about how individuals must sign their last will and testament. Even attorney-drafted wills are subject to challenge. It still may be vulnerable. An estate planning lawyer Allentown, PA accesses for support can examine the document to determine if it appears to be valid.
  2. The testator was not of sound mind at the time they signed the will. Though a testator may have signed their will, this does not guarantee that they were of sound mind. Did they understand the contents and directions of the will? The law recognizes that mental or physical illness may cause confusion. The elderly and ill are subject to manipulation. An experienced estate planning lawyer Allentown, PA trusts, seeks out the proof needed from a doctor’s examination or other sources. We search for evidence that the testator lacked the necessary capacity. Conversely, an attorney may be able to help prove that the contents of a will reflected the wishes of the deceased. 
  3. The testator was unduly influenced by another party to write their will in such a way that it did not reflect their true wishes. It’s a sad fact that ill and elderly persons are often taken advantage of to get their assets upon their passing. If you feel that this happened to a loved one, don’t hesitate to speak with an experienced estate planning lawyer Allentown, PA clients access for support. 

Get Help From an Estate Planning Lawyer Allentown, PA Recommends Now!

Many people know they need to prepare for the end of their life. Thinking about your own mortality is a hard thing to do, but it’s important so you don’t leave your loved ones with a mess after you’re gone.

However, it can be confusing trying to determine which documents you need and which you don’t. This is especially true when you consider that some estate planning documents have similar names.

What is a will?

Many people are referring to a will when they say they want an estate plan. But what is a will?

Our estate planning lawyer Allentown, PA knows, share that a last will and testament is a legal document that allows you the power to say who receives assets upon your death. It also allows you the opportunity to discuss how any liabilities are dealt with after your death.

This document gives you great control over how your personal items are distributed after you’re gone. For example, if your son enjoys your coin collection or your daughter enjoys your collection of crystal glasses, you can leave those items specifically to them.

But it’s also important that you include the full names of the people to whom you want to leave specific items. An estate planning lawyer Allentown, PA trusts will tell you that  simply saying that you want to leave an item to your daughter may not be sufficient.

What is a living will?

A living will is another component to a full and complete estate plan. But it is very different from a last will and testament.

A living will does not discuss how your assets will be distributed. Instead, a living will gives you the opportunity to determine what steps you want taken, or not, during your end of life care.

This is done by making certain decisions now by contacting an estate planning lawyer Allentown, PA residents are reliant upon. Doing this allows doctors and your family to understand what you want to happen, should you be in a position where you are unable to speak for yourself or make decisions on your behalf.

This is one of the least pleasant documents to discuss with your Philadelphia estate planning lawyer. But it’s also one of the most important.

You need both documents

You need more than just these two documents to have a full and complete estate plan. Visiting Klenk Law will give you the guidance you need to ensure your loved ones don’t inherit a mess but instead inherit items that bring fond memories of your cherished time together.

By working with a team of experienced estate planning lawyers Allentown, PA residents can count on, you take the guesswork out of your estate plan. You don’t want to leave your heirs with a mess so it’s important that you speak with someone you can trust. Settling your affairs before you’re gone is a complex and cumbersome process. You shouldn’t trust this to just anyone. You’ve worked hard your entire life – don’t skimp at the end.

This is an important step to take and you shouldn’t try to handle it alone. You deserve the skilled and trusted advice of our estate planning lawyer Allentown, PA residents trust who can provide you the guidance you need with the compassion you deserve. 

If You Want to Avoid Probate, You Should Choose a Qualified Estate Litigation Lawyer

Whether you are sure that you want to avoid probate or you would like to explore all of your options, you should speak with an estate planning lawyer Allentown, PA residents turn to when in need. At Klenk Law, we listen to your needs and utilize useful estate planning tools to protect your assets. We strive to minimize costs and meet your objectives. If you would like to talk with an estate planning lawyer Allentown, PA clients recommend, please call our office now.

Family Discussions and Estate Planning

Although people do not like to think about their own mortality, the reality of life is that it will end one day. Our estate planning lawyer Allentown, PA residents respect, shares that this is a primary reason for ensuring that your estate plan is complete. This gives you the ability to map out your wishes and make sure that your family is taken care of. 

A study that was conducted by Fidelity Investments revealed that many adult children and their parents avoid having discussions about estate planning. Topics such as retirement finances, elderly care and will and inheritance issues are things that should be discussed, but quite often, are not. In fact, according to the study, four out of 10 families have not had these conversations at all.

An estate planning lawyer Allentown, PA relies on shares that in The Intra-Family Generational Finance Study surveyed parents who were 55 years or older, with an adult child of 30 years or older. The parents had to have a minimum of $100,000 in investable assets. The adult children who participated had to be at least 30 years old and had to have a minimum of $10,000 saved in an IRA, 401(k) or other investment account.

Despite the high amount of families who have not broached the subject, 75 percent of participants said it is important to discuss finances. However, an estate planning lawyer Allentown, PA trusts, shares that when these conversations should take place was a source of disagreement among parents and children. Over 60 percent of parents and children disagreed on the timing. Parents think it is better to wait until after they retire, but their adult children want to decide these matters well before parents’ retirement or medical problems become an issue.

Other discrepancies between the answers given by parents and adult children include:

  • Adult children think their parents worry about finances more than double (56 percent) the amount of time the parents actually worry (23 percent).
  • Parents and their adult children also disagree on who will care for the parent in the event they are no longer to care for themselves. Almost half of the children say they will be the caregiver if their parent becomes ill, but only six percent of parents expect their children to take care of them.

Our estate planning lawyer Allentown, PA depends on knows that as difficult as the topic may be, it is important for families to plan ahead before the time actually comes. If you and your family have had difficulties making plans for the future, consider contacting an estate planning lawyer Allentown, PA relies on, who can help guide you through planning and help you decide which options are the ones that are the best for you.

Contact Klenk Law for Help

If you are concerned with the future of your estate and what could happen to those inherited funds, contact an experienced estate planning lawyer at Klenk Law to find out what kinds of options you may have.

Our estate planning lawyer Allentown, PA trusts can discuss all the different estate planning tools that we have that can help you make sure your family is taken care of when you are no longer here. In addition to wills, many of our clients also establish one or more of the many types of trusts that are available under state and federal laws. We can also show you how your estate can avoid probate, which can be drawn out and costly.

Call our experienced estate planning lawyer Allentown, PA can count on from Klenk Law to find out how we can help.

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