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Klenk Law

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 in Philadelphia, PA, 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, considered these reasons.

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

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. In some situations, the probate process can be slower. If you prefer, there be specific stipulations on the trust, an estate litigation lawyer in Allentown, PA, can add.

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, you can put up roadblocks against frivolous will contests.  Litigation can cost tens of thousands of dollars. Put that money in hour heirs’ pockets.

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, he 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. 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 a Philadelphia, Pennsylvania estate planning lawyer 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 Allentown, PA estate planning lawyer 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 Philadelphia, PA estate planning lawyer 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 Philadelphia, PA estate planning lawyer about your situation. 

Get Help From an Estate Planning Lawyer in Philadelphia, PA Now!

Many people know they need to prepare for the end of their life. It’s a hard thing to do, thinking about your own mortality, 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?

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. 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. 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

In fact, 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 in Philadelphia, PA, 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 Philadelphia, 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 Philadelphia, PA clients recommend, please call our office now.

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Peter provided outstanding advice and preparation of a will and trusts.

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Peter was excellent. He explained everything very clearly and is super friendly. My wife and I originally tried using a lawyer through group legal coverage, but unfortunately the old adage - "you get what you pay for" - applied to the other lawyer, and we decided to go with a real professional.

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Like another reviewer, I contacted Peter through his website using the free consultation link, for a question regarding PA inheritance taxes. The question was quite technical and difficult to explain, and the answer was nowhere to be found on the web. Peter grasped precisely what I was asking, and provided a clear, helpful response (with a touch of humor) the very next day.

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Peter is excellent. I had a very complicated situation with my parents' estate planning and potential Medicaid needs. Peter was very knowledgeable in estate planning matters, able to define the best solution for the situation. Additionally, he was congenial and able to communicate effectively to my senior citizen parents the benefits of estate planning. He earned my trust, and more importantly, my parents' trust in a 45 mins consultation period. Highly recommend Peter. He is very easy to work with.

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Peter recently gave a presentation about Wills & Trusts at my employer, and it was fantastic! He was extremely knowledgeable and provided valuable information to the group. People were very engaged and asked several questions, all of which Peter thoroughly answered. Personally, my husband and I have selected Peter to help us with our estate planning, and he has been very helpful in providing us with all of the information we need to provide a secure future for our family. Thank you, Peter!

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Peter provided outstanding advice and preparation of a will and trusts.

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Peter Klenk made a complex subject understandable and allowed us to move forward with our estate planning. He was patient with our questions and creative in the solutions he proposed.

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Peter explained a complex subject very clearly, helped us to decide the best approach to managing our estate and then made it very easy for us to execute the required documents. He will be a valuable resource for years to come and clearly has a great understanding of estate law that will lead to innovative solutions for us. I would unhesitatingly recommend him for estate planning.

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