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!
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 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.
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.
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.
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Great friendly staff
Tremendous firm with bright, kind and tenacious people. Great representation for our family.
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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.
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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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Always professional and very responsive. Everyone on the staff that I have worked with. I look forward to continuing our relationship.
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Peter and his associates made things easy for us.