Klenk Law

 

Turn to a Will Challenges Law Firm Philadelphia, PA Trusts

Will Challenge Team

What is probate?

 

Our Philadelphia, Pennsylvania will challenges law firm assists members of the community with probate. Further, we have years of Estate Planning experience. Many of our clients who come to us have never written a will or created a trust. Naturally, we address their questions and concerns. Others seek to contest illegitimate or out-of-date wills created by a loved one. When you work with our team, you can feel confident we will address your questions and concerns. We will inform you of all your estate planning and will challenging options. You can count on our Philadelphia, PA will challenges law firm for compassionate and patient guidance. From start to finish our experience shows. One of our primary goals at Klenk Law is to empower individuals. We want you to make estate planning and will challenges decisions that best suit your individual needs.

 

The probate process is a legal progression that occurs after a person passes away and directly concerns the deceased’s estate. Not every estate needs to enter probate. Our Philadelphia, PA will challenges law firm can provide you with more information about that. But for affected estates, the probate process might involve any of the following:

 

  •         A court’s determination as to whether or not the deceased’s will is valid.
  •         The estate’s designated executor identifies, locates, and inventories the estate’s assets.
  •         A professional appraiser values the estate’s property.
  •         Paying the estate’s debts and taxes. Estate debts include lawyer and court fees associated with the probate process and the administering of the estate. The executor is often paid a modest fee in return for their time and effort handling the estate and closing it.
  •         Distributing the estate’s remaining assets to the designated heirs. (In the absence of a will, the Intestacy Rules or the Court will determine who the heirs are and what property they should each inherit.)

 

Are all of the estate’s assets required to pass through probate?

 

No. In fact, Philadelphia, PA will challenges law firm can explain how your estate can avoid the probate process altogether. Avoiding it can benefit your heirs by saving them time and money. Some estates automatically bypass probate when their total value is less than a minimum dollar amount. Besides, certain types of property are exempted from probate because they pass directly to the heir or the joint tenant. Joint property can include real estate like a house, business, or vehicle.

 

Who handles the estate’s probate process?

 

The estate’s executor is responsible. If the deceased did not leave a will specifying an executor, the Register or Surrogate designates someone Administrator. Usually, the Court names the deceased’s close living relatives or the person who inherits the most significant percentage. If preferred, two or more people can share the executor’s duties.

 

How do I learn more about the probate process?

 

Because every case is different, our Philadelphia, PA will challenges law firm can answer your questions based on your family’s unique set of circumstances. Whether you wish to establish an estate plan, challenge an existing will, or you have questions about handling someone’s estate, please consider connecting with our firm today.

 

Turn to a Will Challenges Law Firm Philadelphia, PA Trusts

If someone is putting your inheritance at risk by contesting a will, you may benefit from calling us at Klenk Law.  We are a will challenges law firm.  Our principal office is in Philadelphia, PA. As a will challenge law firm, we are familiar with the laws surrounding wills, probate, and related legal issues. Call us today to request a free consultation. Talk with a Philadelphia will lawyer from our firm. Your call is a no-obligation opportunity to find out how we can help you.

Who can contest a will?

Anyone who has the potential to benefit, receive, or inherit the assets or possessions of a deceased person can contest the will. Being named in the filed will isn’t required. These are general guidelines. There are gray areas which can be clarified by a will challenge lawyer from Klenk Law.  These complex cases often require an extensive review of the unique circumstances. Your situation is likely familiar to us, but also unique.

Here are basic examples of who can legally recognize a will:

  • Someone named in a will desires to contest it because they did not inherit what they believe they are entitled to inherit.  The challenge will then result in them receiving that asset.
  • Someone not named in a will but if that will is found invalid, they will inherit, based on one of the specific grounds that exist for will contests.

Here is an example of a person who cannot legally challenge a will:

  • Someone not named in a will and, even they successfully challenged the will; they would not inherit.  For example, if there are three wills. The first gives you an inheritance. But, the second and third will exclude you.  You believe the third will is the result of undue influence. Even if you successfully challenge the third will, the second will takes effect.  You are not in the second will. Because you do not stand to gain, you have no standing to challenge the third will.

The Reasons for Why a Will Is Often Contested

Anyone can file a will contest.  But, if the court finds that there is no basis for their legal argument, the judge will dismiss the claim. However, there are several reasons for contesting a will that may be accepted by a court. These often depend on specific circumstances. Your will challenge lawyer in Philadelphia can offer their opinion as to whether or not the person contesting the will has a case. The person’s reason might be one or more of the following arguments:

  • When the deceased wrote their will, they were not of sound mind and body.
  • The will is fake.
  • There is a more recent will.
  • The will is the result of someone having pressured the deceased.  The resulting will negatively impacts the contestant.

Contact a Trusted Philadelphia Will Challenge Law Firm

If someone has contested your loved one’s will, we may be able to help protect your interests. Call us today to speak with a will challenge lawyer Philadelphia PA turns to who can provide you with a free consultation. Klenk Law has helped many individuals and families challenged with the contest of a will.

Estate Planning and Trust Litigation: Potential Challenges to a Trust

In planning for the distribution of your assets in the event of your death, you may have set up a trust. An irrevocable trust is a mechanism by which you specify certain assets to be held by a trustee. The trustee is usually someone other than yourself. The trustee holds trust assets for the ultimate benefit of a third person. Commonly, parents set up a trust for their children. Often managed by a trustee to maximize asset growth while the children are young.  Trusts are essential estate planning tools. An irrevocable trust may help avoid inheritance tax. Further, they may avoid the probate process. There are other possible advantages.

Setting up a trust with the aid of a Philadelphia, PA will challenges law firm as part of your estate plan may seem like the most financially prudent move for you and your family. Trusts, however, are not without potential downfalls. As with most estate planning, disputes can arise. A particular field of litigation called trust litigation focuses on disputes involving trusts. A trust may become embroiled in lawsuits in several ways:

  • The beneficiary accuses the trustee of mismanagement.

    If a trust beneficiary believes the trustee is mismanaging funds, litigation may arise. A trustee has a fiduciary duty to protect the trust funds and even to increase their value to a reasonable degree. If you as a beneficiary believe trust fund mismanagement has occurred, you may have a claim against the trustee. Likewise, the trust beneficiaries may have a claim against the trustee for not upholding his or her fiduciary duty to the trust. A Philadelphia, PA will challenges law firm can help to bring clarity to the situation and can advise you of your legal options.

  • A beneficiary of the trust tries to challenge the trust’s validity.

    A beneficiary of the trust may challenge the trust several grounds. For example, a beneficiary may argue that the trust was set up by an incapacitated or incompetent trustor. A beneficiary may also argue that the trust was the result of undue influence. Although these claims may be difficult to prove, a Philadelphia, PA will challenges law firm can assist with these personal and deeply emotional situations.

  • A creditor or interested third party may seek access to the trust funds.

     Irrevocable trusts may provide creditor protection. Revocable Trusts do not. Creditors may file paperwork with the court to get access to the trust funds and may argue with each other regarding which creditor has the first right to money contained in the trust.  If, on the other hand, you have created an irrevocable trust which you cannot modify, future creditors or other lien holders will generally be unable to access the protected funds.

Will Challenges Law Firm:

As you can see, even trusts are not completely airtight. When considering an estate plan that will include trusts, it is essential to consult with Philadelphia, Pennsylvania will challenges law firm Klenk Law, which is an organization intimately familiar with trust litigation. Our trust litigation knowledge helps you.  We craft your trust in such a way to discourage any will and trust challenges. This way your trust funds are ultimately protected. Have your wishes respected.

What Our clients are saying

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