Will Contests and Will Challenges in Philadelphia, Pennsylvania, New Jersey, New York and Florida
Klenk Law specializes in trusts, wills, estate planning, probate, and will challenges and will contests, with offices in Philadelphia, Bucks County, Allentown, New York and New Jersey.
The Law Offices of Peter Klenk is one of the few law firms that has an entire department dedicated towards will challenges and will contests. Attorney Glen Ridenour brings over 20 years of litigation experience together with Attorney Peter Klenk’s over 20 years of experience in the Orphans’ and Surrogate’s Court and a paralegal team dedicated to the support of will contests and will challenges in Philadelphia, throughout the remainder of Pennsylvania and will contests and will challenges in New Jersey. Our team has represented clients from Atlantic County, New Jersey to Pittsburgh, Pennsylvania. We are not simply trained as litigators. Peter Klenk, Esq., the firm’s principal attorney, has an LL.M. Taxation from the famed NYU Law School program, so we not only know how to fight in court, we know and understand the underlying legal issues involved in a complex will challenge case.
Should you need to consult a Philadelphia, Pennsylvania or New Jersey will challenge attorney, please, contact our firm for a free consultation.
How Do I Challenge a Will?
The question of how do you contest or challenge a will can be raised at any time after a will is signed. If you believe that a will was signed as the result of undue influence or when a person was incapacitated, the best time to raise the issue is before that person has died, when the witnesses are still alive and the events fresh in their minds. As a will contest attorney, I would much prefer proving that a testator is incapacitated or of diminished capacity before that person died than relying on the medical records and distant memories after the person has died.
A will contest attorney represents clients in many ways, not just in challenging the entire will itself. Beneficiaries are sometimes content that the will is valid, but are disappointed with the executor’s administration of the estate. For example, the executor may have sold the Philadelphia home or the Atlantic County shore home at a reduced price, reducing the beneficiary’s inheritance. Or the executor’s inaction might have damaged the beneficiary, such as the executor allowing the Bucks County home to fall into foreclosure. As a will contest attorney, I can represent the beneficiary in recovering the loss.
As a will contest lawyer, I have also had to petition the court to have executors explain their breach of fiduciary duty. For example, an executor has a duty to secure the estate property. If an executor failed to secure the Philadelphia home and that failure allowed someone to break into the house resulting in theft from the estate, the executor can be held responsible for the loss. Similarly, if the executor’s unexcused delay in selling the Philadelphia home or a Ocean County shore home resulted in the property being damaged, subjected the home to extra real estate taxes or the loss of inheritance tax deductions, the executor can be held accountable.
As an estate administration attorney we also represent beneficiaries when the executor has been party to a theft from the estate. An executor has control over the estate funds, and at times that power is too tempting resulting in the executor stealing assets for the administrator’s own use. We represent beneficiaries in such cases to recover the stolen goods.
Contested wills result from a variety of bad behavior. Grounds to challenge a will include undue influence, forgery, incapacity, and fraud. These challenges are unique to will contests, so you are best served by retaining a will contest lawyer who focuses his practice exclusively on will challenges. At our law office, we focus our litigation practice exclusively on estate matters.
To learn more, please contact one of our will contest lawyers for a free consultation.
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