Is Probate as Bad as it Sounds? Probate is a word feard by many people dealing with an estate’s distribution. However, is it as bad as it sounds? Estate lawyers often get phone calls by family members who are about to begin the probate process. In many of these situations, we provide legal representation to make their lives less stressful. The following provides you with a general understanding of the probate process. If you have any further questions or would like to retain an estate lawyer, please call a probate attorney Allentown, PA residents can count on, Klenk Law, a boutique estate law firm.
Probate is considered to be a title proceeding and is mandatory after a person dies and owns property including land, houses, valuables, cars, etc. Probate will help to determine the ownership of this property and distribute it accordingly and a good probate attorney in Allentown, PA can guide you through the process.
If the decedent (i.e., the person who died) left a will, the executor is sworn in by the court. It will be the executors responsibility to notify beneficiaries and anyone else who might have an interest in the estate; for example, creditors.
During this time, anyone who would like to contest the will can do so until the statute of limitations expires. Reasons a person might contest the will include:
In general, if you would like to contest a will, you should retain a good probate attorney in Allentown, PA.
If there is no one to contest the will, and everything is in order, the probate process should be relatively straightforward. The executor will need to ensure all debts are paid, including taxes, before beginning the distribution of assets. In general, the larger the estate, the more time it will take to complete probate. Smaller estates, usually worth less than $50,000, will qualify for an expedited probate process. Probate can take between 1 month and several years or more before completion, but an experienced probate attorney serving Allentown, PA can help expedite the process.
If the decedent did not leave a will, or if a court finds the will to be invalid, state laws and regulations will determine the next rightful owner. When there is no will, it is called intestate. The heirs of a will in intestate are usually the surviving spouse, children, parents, siblings, and other nonintermediate family members. Although it varies by each state, the surviving spouse is typically entitled to one third to one half of the estate. Children might receive the remainder unless the surviving spouse was a joint owner of the property. In this case, it will likely pass immediately to him or her, in full.
Contrary to what you might have been told, if there is no will, the state does not automatically get the property. The probate process will still ensue and is similar to that of a process in which a will is involved. The time it takes to complete the probate process without a will could be slightly longer and having an Allentown, PA probate attorney on your side can help.
Is Probate as Bad as it Sounds? Ask an estate lawyer about probate and whether it’s as bad as some say. You may likely hear that it is a logical, and well-ordered process. The bad reputation often comes from fees such as taxes, administrative costs, accounting fees, court fees, and legal fees. The executor of an estate is entitled to compensation. Compensation can be between 5 and 10 percent of the estate. This of course varies by each case. Ideally, the creator of the living will arrange for professional compensation. The Grantor can dictate the executor fees.
If you would like to learn more or have your concerns addressed, you can consult with a probate attorney Allentown, PA residents trust, Klenk Law, a boutique estate law firm.
Peter provided outstanding advice and preparation of a will and trusts.
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.
When it came down to picking the right attorney to handle my affairs, I knew right away it was this firm. From speaking to their secretary to speaking to Peter I knew I was making the right decision. After only a few mins Peter knew right away what I was looking for and handled all my questions professionally and even gave me great feedback that put my mind at ease. All that without even giving a single penny! So of course I hired him! So far so good...
AWESOME LAWYER! Peter Klenk is an exceptional attorney and a very nice person! Today I spoke with Peter about estate planning and was impressed with by his professionalism, cordiality, and attention to detail. I highly recommend Klenk Law for probates, wills, trusts, and other issues germane to estate planning!
Great friendly staff
Tremendous firm with bright, kind and tenacious people. Great representation for our family.
I'm totally satisfied with Klenk Law. Peter has a great legal mind with the personality of the guy next door.
Everything about my experience was a 10+! Peter and his staff made what I thought would be a difficult process easy and understandable. Every detail was handled correctly. No other firm could possibly do better than Klenk Law!
Peter and his staff are very responsive and always willing to help my clients and in a cost efficient manner.
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.
Answered my question quickly and referred me to a colleague that could handle my problem
Mr. Klenk, quickly understood the circumstances presented and provided clear and concise advice. This advice provided me with the information I required to progress the case to my advantage.
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.
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!
Peter provided outstanding advice and preparation of a will and trusts.
Peter explained things in a way that was easy to understand. Everything was done in the time frame he said it. Could not have been better!
You & your staff are the best thank you for everything.
Peter and his staff handled all of our needs in a very professional and timely matter.
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.
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.
Fantastic customer service. Very personable and most importantly they provide great explanations of what is required based on your individual needs. Highly recommend Klenk Law for anyone that needs to create a will and estate documents.
Always professional and very responsive. Everyone on the staff that I have worked with. I look forward to continuing our relationship.
Affable...yet surprisingly cerebral estate planning atty. High marks all the way around.
Peter and his associates made things easy for us.