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Klenk Law

Immoral Acts and Probate Litigation

Pennsylvania Will Contest LawyersPennsylvania Will Contest Lawyers defend your rights. At your parent’s death, did you discover assets had mysteriously disappeared? Perhaps someone with a Power of Attorney shifted assets or made gifts or added a beneficiary designation on a bank account? While your parent was ill, did they make an unexpected change to their Will? Maybe the Will was signed shortly before death favoring a child or caregiver differently that prior wills?

These are just a few examples of immoral acts that probate litigation addresses. Will Contests are a narrow, focused area of the law. You are wise to gain advice and representation from an attorney who focuses their practice on Estate Litigation.

Contesting a Will

Contesting or Challenging a Will means that you believe that a judge should invalidate a submitted Will. You think that your Will Contest Lawyer can provide the necessary evidence for a judge to determine the Will invalid. Every state has its own rules about Wills and Trusts, but the most common basis for Will Challenges in the United States are:

  • Forgery: The deceased didn’t sign this Will.
  • Capacity: The deceased signed this Will, but he lacked the necessary mental capacity to understand what he was signing.
  • Undue Influence: The deceased signed the Will, but the signature resulted from undue pressure. But for the Undue Influence, the Will would not have been executed.
  • Fraud: The deceased signed the Will but under false pretenses.
  • Invalid Execution: The settlor signed the Will in a way that the state recognizes as valid.

Will Contest Procedures

Special courts in most states hear Will Contests. Judges who focus on estate conflicts hear most cases. It is not the judge’s job to investigate the facts. You and your attorney must gather the evidence and present it to the judge in the proper form using the Rules of Evidence. These rules allow witness depositions, documents subpoenaed, and records obtained. The judge can only rule in your favor if you give her the necessary evidence. There is rarely a jury who might decide a case on emotion. The judge needs facts.

For these reasons, it is essential to retain an experienced Will Contest Lawyer. Will Contests and Will Challenges is not an area of the law in which an attorney should work parttime. Pennsylvania Will Contest Lawyers should focus on will contests, not business or matrimonial law.

The Statute of Limitations

Each state allows only a specific period in which to bring a Will Contest. If you wait too long, you cannot bring your case even if the facts are apparently in your favor. In some states, like Florida, the statute of limitations is as short as three months. If you have suspicions about a Will or the facts surrounding a deceased’s assets, act quickly, or your chance may escape.

Pennsylvania Will Contest Lawyers

For more information, follow this link to our article about Will Contests. Pennsylvania Will Contest Attorney, it’s what we do!

What Our clients are saying

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Peter Klenk is an extraordinary attorney with positive guidance and knowledge for all of your Trust and Estate needs. We have used him for over 20 years.

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Klenk Law is an exceptional practice. Their fine lawyers and staff team up to produce excellent results for their clients. They excel at explaining the often cryptic laws and policies that govern estate planning right down to the complexities of the various "trust" frameworks. Peter himself manages each client together with his great team, and he has a rare quality to be both a walking encyclopedia of planning minutia and also one of the most likable lawyers I have ever had the pleasure of dealing with. He is truly generous in intellect and in his personal approach to getting the "big picture" for complex family structures. I trust him implicitly to help me make the right choices for the future. In short, Klenk Law is a gem of a firm.

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Peter came highly recommended by a close friend to do our estate planning. We have been putting off for years. He is knowledgeable, professional and easy to work with.

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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 provided outstanding advice and preparation of a will and trusts.

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