The last thing most people want to think about is their death. Making plans for when we are no longer here, with our loved ones, can be a depressing topic. However, making sure you have solid estate plans in place is critical to ensuring that your family is taken care of and your last wishes are met. Instead of being depressing, knowing you have made arrangements for when you are no longer here can actually give you peace of mind.
The following are some of the most common estate planning mistakes that each estate planning lawyer from Klenk Law has seen that often result in major problems for families.
No Estate Plan
Unfortunately, more than half of the adults in this country do not have a will or any other estate planning tool in place. This means there is nothing in place that will protect their family or their finances when they die. Not only does not having an estate plan in place have a negative impact on what happens when a person dies, it can also have a negative impact when they are still alive if they should become incapacitated. Part of a solid estate plan is having legal documentation in place that addresses how financial and medical decisions should be handled in the event you become unable to make those decisions yourself.
Only Having a Will
Although having a last will and testament is critical, it should not be the only tool you have in place. Your Allentown, PA estate planning lawyer will go over all of the helpful options you may have, including setting up trusts, advanced medical directives, and power of attorney documents. These documents give you the final say on how your finances and health decisions should be made.
Picking the Wrong Trustee and/or Executor
When you set up your estate planning documents, you will need to choose people who will oversee your wishes. You will need to choose an executor for your will. This is the person who will make sure that the assets are distributed per your wishes and that debts are paid. This is done under the supervision of the probate court. You will also need to choose a trustee if you choose to set up a trust, as well as a healthcare power of attorney, and a financial power of attorney.
It is imperative that you choose individuals who will not only be qualified to handle these positions but will also adhere to whatever your wishes in these documents are. Although many people choose family members for these positions, this can sometimes cause issues within the family, especially if there are some family members who you have decided not to leave anything to. It is often better to choose a neutral party to oversee these duties.
Not Updating Your Estate Plans
Another mistake many people make is that the set up an estate plan but they never go back to update or change things when life events happen that demand these changes. Events such as marriages, divorce, births, and deaths often mean that beneficiaries need to be added or changed. An estate planning lawyer Allentown, PA clients respect can help you with those changes.
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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"I worked for Peter Klenk for 4 wonderful years. I can’t speak highly enough of everyone at the firm. Everyone truly cares about their clients and has a strong sense of responsibility to get things done right. I would highly recommend Klenk Law!"
Flora Novick

Fantastically easy and efficient team to work with getting our wills done. We will use Klenk again in the years to come. I highly recommend Peter Klenk.
My experience with Klenk Law was nothing shy of amazing. I had done some quick research when searching for an estate attorney and was immediately drawn to Klenk Law being a veteran owned business and due to their support for veterans, first responders, and teachers . Every member of their staff was knowledgeable and patient through every step of the process and with all of my questions. They were honest and transparent with pricing and expectations. They were very timely with communications and kept me in the loop throughout the process. I will definitely recommend Klenk Law to friends and family.
Very friendly and easy to work with - definitely a better experience than I've had with other lawyers! Peter is very detailed and thorough. I've worked on previous versions of my will with other lawyers, and he pointed out things they'd never mentioned. Fast turnaround and very responsive to emails and phone calls.
Very knowledgeable and easy to work with. Also very competitive pricing. Recommended to me by another attorney. First class service from start to finish.
Daniella was fantastically wonderful. A joy to be around and filled our conversations with so much educational knowledge. I’ve learned so much from her about being a great person and I can’t wait to work with her again
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