Klenk Law

An Estate Planning Lawyer Allentown, PA Discusses Circumventing Familial Conflict   

Trust Litigation Lawyer Cherry Hill, NJ

Grief can bring forth unexpected emotions, mainly when you were close to the person who passed away. As a result, people can, at times, behave irrationally. It’s common for people who are grieving to grasp at assets or personal items that the person who passed away may have held dear. These actions are often an attempt to feel close to the loved one they have lost. Because of this, tensions can run high, which can lead to conflict amongst family members. By having an estate planning lawyer help put an estate plan in place, you can make sure that this doesn’t happen when you pass away. Carefully assembling an estate plan can remove the guesswork for your family, which may prevent conflicts later on.

An Estate Plan

It’s a common misconception that you need to be well off for it to make sense to put together an estate plan. What many do not realize is that regardless of wealth, it’s essential to have a plan in place. Just about everyone should have an estate plan. Estate plans address possessions, including vehicles, homes, and insurance policies. This process allows for you to clarify your funeral and burial arrangements and who you want to inherit your assets and other valuables. There are some elements that you will want to include with putting together your estate plan with an Allentown, PA estate planning lawyer:

  • Create a plan of who will take care of your minor children
  • Outline your funeral and burial arrangements
  • Identify who will inherit your property, personal valuables or belongings, family heirlooms, retirement accounts and life insurance policies
  • Identify who should have power of attorney and make medical and financial decisions for you if you are incapacitated

It can be easy to put off the process of estate planning. By taking the necessary steps to complete one, you give yourself peace of mind in knowing that your loved ones will not be left in the dark to determine your final wishes.

Possible Solutions for Managing Conflict

For most, conflict can be uncomfortable and all-consuming. When grief is present, conflict can be amplified, especially when emotions are running high. Fortunately, there are some strategies that grieving family members should keep in mind when managing conflict during the process of dividing the estate of a loved one:

  • Try to stand in the other person’s shoes. By doing this, you can have a better understanding of what their experience may be.
  • This may allow for you to be more compassionate or empathetic towards them.
  • Separate the emotions that could be tied to your loved one’s belongings.
  • Have open, honest and respectful communication with each other. Listen to one another so that you can understand each other’s perspectives.

It can be easy to back burner an estate plan because the prospect of death can be challenging to face. We all believe that we have ample time before our time on earth comes to an end. Although living a long and plentiful life is often the case, unfortunately, the unexpected can occur. Planning your estate before it is too late can take the guesswork out of what your final wishes may be. Your family will be able to move forward in the grieving process without squabbling over your assets. An estate planning lawyer Allentown, PA clients recommend can help officially establish an estate plan that works for you.

Can You Remove an Executor from a Will?

When a testator creates a will, they will usually appoint someone to be an executor, as an estate planning lawyer Allentown, PA residents looks to can explain. The role of the executor is to ensure the will’s conditions and terms are carried out after the testator’s death. A testator can remove and replace an executor at any time while living, but after a testator’s death removing an executor appointed in the final will is more challenging. At Klenk Law our professional estate planning lawyer Allentown, PA trusts team has over 25 years of experience in estate litigation. If you feel an executor should be removed for any reason, we can help.

There are many reasons that a court could decide to remove an executor from an estate. Courts will generally remove an executor if there is proof that the executor is unable to perform the necessary tasks, is not suited for the position, or if they have been disqualified since they were appointed to the role. The primary job of an executor is to act in the best interests of the beneficiaries in mind, as an estate planning lawyer Allentown, PA can explain. With that being said, if the executor does a careless job in managing the estate, they could be removed.

However, for removal, the executor must do something reasonably severe or damaging to the estate.  It is also important to note that the court determines the standard and holds the executor accountable. For instance, if an executor is spending money frivolously, they could be removed by the court. However, if the executor makes a reasonable investment to which the beneficiaries do not consent, the executor would most likely not be removed.

There are two main reasons for executor removal:

Unsuitability

If a conflict of interest arises for the executor while managing the estate, unsuitability may be a reason for removal. It is the court’s discretion to determine inadequacy. Therefore, conflict of interest could be difficult to prove.

Legal Ineligibility

An executor could be found legally ineligible if they have previous felonies, are involved in other types of litigation, or are found mentally incompetent. The executor could be removed for wasting estate’s assets, stealing from the state, or refusing to follow court orders.

How to Remove an Executor from a Will

To start the process of trying to remove an executor, you should contact an estate litigation lawyer Allentown; PA can rely on. Your estate lawyer will file for a court proceeding and will work on your behalf to try to show why the executor should be removed from their position. Removal procedures and laws vary between states, so it is essential to have an experienced law firm on your side. An estate planning lawyer Allentown, PA residents can count on from our team will work on your behalf to help gather evidence to try to remove the executor. If you need help ensuring your loved one’s will is followed correctly, call our team today.

For more information, read my Article Removal of Executors; Everything You Need to Know.

Administering an Estate

Are you searching for answers and options because you believe someone has taken advantage of a trust, will, guardianship, power of attorney, or other estate planning tool? Has financial loss has occurred because of their wrongful actions? If so, the Allentown, PA estate planning lawyers from Klenk Law would like to talk with you as soon as possible.

 

Administering an estate is not always easy, and sometimes the process becomes rife with obstacles and challenges. Examples of these challenges, include:

 

  • Not all financial or physical assets can be accounted for
  • The true and actual intentions or wishes of the deceased are proving difficult to determine
  • It is suspected that a will has been prepared under suspicious circumstances

 

You might be a beneficiary of the estate, or a concerned family member of someone who is, and have been denied your fair share. Alternatively, you might be the Executor of an estate and have been asked to defend the validity of a will. Or, you might be the heir of a trust and are looking for assets which you believe the trustee has absconded with. Whatever problem has rose, the Allentown, Pennsylvania’s trusted estate planning lawyers are ready to help you. For decades, we have fought for beneficiaries and fiduciaries. Our superior track record, knowledge, and experience enables us to find solutions to the greatest challenges in a timely manner. Rest assured, our skillset and zealous passion for the law can become your best asset during a time in which you are dealing with estate litigation.

 

Our Estate Litigation Services

Fiduciary Litigation – Our estate planning lawyers from our Allentown, PA office provide many years of experience in representing estate fiduciaries who have been accused of mismanagement, negligence, fraud, misconduct, and so forth.

Rights of a Beneficiary – If you were promised assets prior to a loved one’s death, you might have the right to pursue the inheritance you believe you deserve.

Fraud – If any assets were improperly transferred by the estates’ fiduciary to someone other than a beneficiary, it may be considered fraud.

Contesting a Trust – Like a will contest, a trust contest is a particular type of lawsuit which is filed to object the validity of a trust.

Will Contest – This is a lawsuit filed to contest the validity of a Last Will and Testament. It is one of the most common types of estate litigation matters handled by our law firm.

 

Contesting Accounting Practices – It is the duty of a fiduciary to file an accounting prior to the closing of the estate. If at anytime the beneficiaries believe there has been a mishandling of the accounting, they can request the records. As an experienced Allentown, PA estate planning lawyer, we prepare accountings for fiduciaries, represent fiduciaries when they are being accused of mismanagement, and petition the court on behalf of the estates’ beneficiaries who are contesting the accounting practices.

 

Spousal Rights – Depending on the laws of the state, the surviving spouse may have rights to inherit all or some of the assets and property. This may include joint bank accounts, real estate, physical assets, and more. If a spouse has been disinherited or has not received assets equivalent to the share of the estate (as set forth by legislation), an estate litigation lawyer should be sought.

 

Do You Need Help with an Estate Litigation Matter?

If you are looking for an accomplished estate planning litigation lawyer in Allentown, PA, look no further than Klenk Law for  superior legal representation and unparalleled skills.

 

Let us put our expertise to work for you.

Free consultation within 24 hours.