Klenk Law

A Probate Lawyer Ready for Mediation and LitigationProbate Attorney Allentown, PA

Probate is a process of transferring the assets of a person who has recently died to their heirs. Contrary to what you might have been told, probate is generally not complicated, expensive, or lengthy. Depending on how you hold your assets, probate may even not be necessary.

The objective of the probate system is to help beneficiaries and heirs clear titles and assets as quickly as possible while avoiding any false claims against the deceased’s estate. In general, a bank or financial institution will not release assets, including funds, until provided a probate order. Probate can seem like this huge hurdle to overcome before assets and property can be distributed to beneficiaries and the estate can be closed. When a loved one creates their estate plan, they often take some steps to protect as many assets as possible from the probate process. However, it’s not harmful and is sometimes an advantage that some assets pass through probate.

Working with a probate attorney can be particularly helpful when managing the probate process. They can help you understand the process every step of the way. Sometimes complications like conflicts between family members or beneficiaries do arise. When this happens, you may want to talk with a probate attorney Allentown, PA families trust.  

Step One: Identifying the Executor  

Following the death of a loved one, you will first want to determine who has been named the estate’s executor. This level of responsibility can come with mixed emotions. Taking on the job can be an incredibly weighted responsibility. It’s important to note that the executor can pass on this responsibility if they choose. An executor will need to remain balanced, honest, and committed to the task at hand. Once someone has assumed this responsibility, the executor will need to petition for probate in the area in which the person who passed away lived.   

Step Two: Notice of Probate  

The following steps to probate come in a few different parts. The executor is responsible for obtaining their loved one’s death certificate and will. Following this, they will file the documents with the proper government agency. Each area has different rules about notification of creditors and family. This gives creditors an opportunity to try to collect any debts that may be owed. It is a standard requirement to post newspaper notices for people to reference. The next step for the executor is to file proof that these steps have been taken.  

Step Three: Asset Inventory  

The executor will need to take an inventory of items that must go through probate and those that pass outside of probate. The process of taking inventory can be time-consuming. In some cases, an appraiser may be retained to value assets. You will be required to list each asset and their values upon death for items like:   

  • Real estate
  • Jewelry
  • Artwork
  • Investments

The inventory need also list any debts. An Allentown, PA probate attorney can help put together this process and ensure that the inventory and notice are carried out correctly.  Once completing this process, the executor will pay any debts to creditors. These debts may also include funeral expenses.   

Step Four: Transfer and Distribution of Assets  

A significant step is obtaining the executor a full liability release before any distribution. The Probate Attorney typically assembles this release and makes sure it binds all interested parties. If a beneficiary refuses to sign the release, the Probate Attorney files the necessary petition with the court.  Without this release, the executor may remain liable and susceptible to being called to court forever.

Once obtaining the release and paying creditors and taxes, the executor and the probate attorney transfer the remaining assets to those named in the will. They will do so by liquidating assets, setting up trust accounts for minors, and transferring property if the will requires them to do so. When a person has passed away with a clear and detailed estate plan, it can make for a smooth and simplified process.   

Ensuring that your estate plan is up-to-date can be especially helpful in moving through the probate process as quickly as possible. You will give yourself peace of mind knowing that your loved ones receive a clear picture of your wishes. A probate attorney Allentown, PA clients recommend, like the ones who drew up your estate plan, can help them carry out the disbursement of their inheritance.  

A Probate Lawyer Ready for Mediation and Litigation  

At Klenk Law, each of our probate attorney Allentown, PA residents count on are dedicated to client-centered legal representation. Having over 25 years of experience in handling estate planning, wills, trust, probate, and litigation, we have established a solid reputation throughout the Allentown community. If you have recently lost a loved one and are facing routine probate matters or complex situations like probate or will litigation, we can help. To discuss your case with an Allentown probate attorney, please call our office today.

Probate Litigation

Once an estate enters probate, it is possible that interpersonal conflicts and unresolved issues come to life. If you are questioning the validity of the estate documents, or any of the following questions are raising concern, you should contact a will contest attorney in Allentown, PA for further advice: 

  • Was the person who signed the will or other documents in the estate of sound mind?
  • Is the will legitimate?
  • Does any estate document look doubtful?
  • Did someone take advantage of a vulnerable person?
  • Is the estate missing any money or valuables?
  • Do you believe the validity of creditors in the state is suspicious or that debts exaggerated?

In general, when concerns such as the aforementioned are brought to light during probate, litigation in probate court may be necessary. While most people prefer to stay out of the court system, it can be useful as it might enable you or your lawyer to review various records or force testimony from an estate representative, family member, or beneficiary. Probate litigation can level the playing field while being overseen by a probate judge.

Other Litigation Matters That Could Arise During Probate Trust Litigation

When a trustee dies before the decedent, a new trustee needs to be appointed. However, when this happens and concerns about poor investment decisions or financial loss arise, a skillful lawyer might need to get involved.

Guardianship Litigation

In some probate litigation cases, guardianship issues will also be involved. A guardianship attorney Allentown, PA locals recommend can help families find solutions to:  

  • Whether or not guardianship is applicable.
  • Who might act as an appropriate guardian?
  • Whether or not the guardian has met his or her responsibilities.
  • How the money has been used by the guardian.
  • Is the guardian is providing the individual proper care?

Guardianship cases can be very complicated and difficult to navigate. If you suspect a problem or disagreement exists, please call a lawyer from Klenk Law now.

Call a Probate Attorney Allentown, PA Clients Depend On Now for a Free Case Evaluation

When it comes to probate litigation, or any other litigation involving an estate, you should have a probate lawyer who is prepared to do whatever it takes to get you the results you are looking for.   To speak with a probate attorney Allentown, PA offers, please call our Klenk Law today.

 

What Our clients are saying

Stars

Peter provided outstanding advice and preparation of a will and trusts.

Stars

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.

Stars

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...

Stars

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!

Stars

Great friendly staff

Stars

Tremendous firm with bright, kind and tenacious people. Great representation for our family.

Stars

I'm totally satisfied with Klenk Law. Peter has a great legal mind with the personality of the guy next door.

Stars

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!

Stars

Peter and his staff are very responsive and always willing to help my clients and in a cost efficient manner.

Stars

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.

Stars

Answered my question quickly and referred me to a colleague that could handle my problem

Stars

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.

Stars

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.

Stars

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!

Stars

Peter provided outstanding advice and preparation of a will and trusts.

Stars

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!

Stars

You & your staff are the best thank you for everything.

Stars

Peter and his staff handled all of our needs in a very professional and timely matter.

Stars

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.

Stars

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.

Stars

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.

Stars

Always professional and very responsive. Everyone on the staff that I have worked with. I look forward to continuing our relationship.

Stars

Surprisingly easy

Stars

Affable...yet surprisingly cerebral estate planning atty. High marks all the way around.

Stars

Peter and his associates made things easy for us.

Let us put our expertise to work for you.

Free consultation within 24 hours.