Probate Litigation
Probate Litigation takes place when an interested party makes a claim or raises a dispute during the Probate process. Our firm is one of the very few who focus on being Probate Litigation Lawyers. It’s What We Do!
What is Probate Litigation?
Probate Litigation is when there is a dispute during the probate process.
First, let me explain the Probate Process. Probate is the process whereby the State recognizes a person to manage the deceased’s estate. Wills name Executors or Personal Representatives. Otherwise, if there is no Will, the State selects an Administrator.
Probate begins when the Executor submits to the Register or Surrogate the Will and death certificate. When no Will exists, Probate begins when an interested party Petitions the Register or Surrogate. Initially, the government official examines the death certificate to verify the person is dead. She then verifies the Will’s authenticity. Or, if there is no Will, she verifies that the petitioner is a qualified Administrator. Then, if all is in order, the Executor or Administrator pays a fee and receives documentation proving that she officially represents the estate. For more information, read more at my article about the Probate Process
Probate Litigation takes place when an interested party believes that a wrong was done at some point in this process. They retain an Estate Litigation Attorney and file the appropriate petition.
Probate Litigation Examples
Probate Litigation takes place during this process if:
Will Contest: An interested person wishes to challenge the entire Will’s validity. Go to Will Contests to learn more.
Administrator Appointments: If there is no Will and the family cannot agree on who should serve as Administrator.Disputes over who serves as Administrator result in a contested hearing. Having an experienced Probate Litigation Attorney is vital. The decision maker only allows a short time for evidence and testimony. Improper procedures and evidentiary failures may result in the wrong person may gain control over the estate.
Executor Fee Disputes: When an interested person believes the personal representative has overcharged the estate. Go to Executor Fees Disputes. An experienced Probate Litigation Attorney can follow the procedures and evidentiary rules to provide the judge with the evidence and testimony to allow the judge to demand fees returned.
Formal Accountings: When an interested person believes the Executor is not providing adequate information. Go to Formal Accountings.
Spousal Elective Share: When a surviving spouse exercises the right to claim a portion of the estate.
See Elective Share of Spouse
Guardianship Disputes: Though not technically a Probate Litigation matter, Guardianships are often thought of as probate matters as the same court hears them as many other Probate Litigation matters. See Guardianship Disputes.
Trustee Removals: If a Will forms a Trust, a dispute over the Trustee’s appointment is Probate Litigation. See Trustee Removal.
Reasonable Prices | Years of Experience | We Make Probate Litigation Easier
If you have any questions about Probate Litigation or any other estate law topics, please contact us to schedule a free consultation. For more than two decades Klenk Law has focused only on Estate Law. We’ve seen it all, and this experience allows us to explain complex estate law and Probate clearly and concisely. If you are involved in Probate Litigation, our experienced Probate Litigation Attorneys will make it easy for you to understand and provide top notch representation so you can make the best decisions for yourself and your family.
Probate and Estate Administration
- Overview
- Probate Process
- Closing an Estate
- Elective Share of Spouse
- Probating for the Wrongful Death Case
- Guardianship of Minors
- Probate Litigation
- Common Law Marriage and Estate Distribution
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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What Our clients are saying
Anne W.
I saw four lawyers and was told by all of them; I should just forget contesting my mother's will. I knew what happened, but it is very hard to prove undue influence. I contacted the Law Offices of Peter L. Klenk & Associates. Attorney Amanda DiChello took my case. They were very honest and upfront about what would be involved trying to prove what I knew was true. Attorney DiChello may be young but she is extremely knowledgeable and skilled. She listened and understood what I conveyed to her. She knew exactly what information to use and crafted an outstanding interrogatory and many powerful depositions. Attorney DiChello understood the various emotional feelings this case created for my family and me; she was always there for us with a kind and encouraging word. We went to trial. The amount of work which she and her Paralegal did for the trial was incredible. They both knew my case inside and out! Attorney DiChello's powerful interrogative and thinking skills produced a positive outcome. Attorney DiChello did what other seasoned lawyers said was impossible!
Chantee C.
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!
Elizabeth Ray
Peter and his associates were a pleasure to work with. He explained the process clearly and provided assistance nearly instantaneously. Highly recommended for trusts-and-estates-related needs!
Stephen T.
Peter and his staff handled all of our needs in a very professional and timely matter.
Bill
I met Peter soon after he started his practice in Philadelphia, PA. He and his team have always been there for me and my various inquiries throughout my life-changing events, corporate relocations. I have lived in various cities throughout the nation, I have never had a problem in contacting Peter or a member of his team. He and his office responds quickly and returns calls to me to fulfill my requests for information or to revise my estate needs while posing relevant thought-provoking questions that I need to consider to secure my future. One of Peter's best qualities is his ability to answer clients complicated questions in a simple way to ensure comprehension.
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