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Litigation Definitions

Trust, Estate and Fiduciary Litigation

Klenk Law’s estate and trust litigation attorneys have years of experience representing both sides should a dispute arise between the beneficiaries of a trust or estate and the fiduciaries – trustees, executors or administrators. Our attorneys are experienced with will contests and will challenges, and we represent clients before the Register of Wills, Surrogate Courts, Superior Courts and the Orphans Courts in Pennsylvania, New Jersey, New York and Florida. Our practice includes but is not limited to the following types of litigation:

Will Challenge Attorney or Trust Challenge Attorney

Interpretation of Wills, Trusts and other Testamentary Writings

Guardianship and Incapacitated Person Proceedings

Caveat Attorney or Caveat Lawyer for Register of Wills or Surrogate

Executor, Personal Representative and Administrator Disputes Attorney

Actions Concerning a Fiduciary’s Breach of Fiduciary Duty, Including Surcharge Actions.

Removing and Replacing Agents, Executors and Trustees.

Compelling the Production of Formal Accountings and Completion of Estates.

Litigation Surrounding Fiduciary Accountings and Objections to Fiduciary Accountings.

Will Construction Attorney or Trust Construction Attorney.


Contact one of our Will Challenge Attorneys, such as Glen Ridenour.

Will Challenge Attorney or Trust Challenge Attorney


Who needs a Will Challenge Attorney?
The executor or administrator of an estate may need a Will Challenge Attorney should the beneficiaries challenge the validity of the Will. The Beneficiaries will also need a Will Challenge Lawyer to represent their rights. There are special courts to hear these Will Challenge cases and both sides will be best served by having an experienced, Will Challenge Attorney. Our Will Challenge Attorneys have over 15 years of practice doing nothing but serving as Estate Planning and Will Challenge Lawyers.


What Is a Will Challenge?
Typically, these disputes involve a challenge or contest the validity of a will or trust as a result of many factors, including, but not limited to, undue influence, forgery, fraud and lack of testamentary capacity.


Why Do I Need A Will Challenge Lawyer?
A Will Challenge is a complex legal matter and few lawyers focus all their time on the specialized rules and procedures that surround this fascinating area of the law. By retaining a Will Challenge Lawyer, you will likely save a great deal of time, and money, because a Will Challenge Attorney will already be familiar with the Will Challenge procedures and rules. This specific knowledge is crucial to making the process flow as smoothly as possible.


What Can The Law Offices of Peter L. Klenk’s Will Challenge Attorneys Do for My Case?
Since opening his firm in 1996, Peter L. Klenk, Trusts and Estates Attorney, has done nothing but work in the area of Trusts and Estates. It is all we do!

As Will Challenge Attorneys, we regularly represent clients in defending and challenging the validity of wills and trusts. We work with you to analyze your case and decide whether a will or trust challenge is right for you. We focus our litigation practice exclusively in the Orphans’, Superior and Surrogate Courts of Pennsylvania, New Jersey, New York and Florida. We bill by the hour, not taking a percentage of your case. Other lawyers may litigate, but are they dedicated to the practice of Trust and Estate law? And are they well versed in the practice and procedures of the Orphans’, Superior and Surrogate Courts? If you have a potential Will Challenge and need a Will Challenge Attorney or Lawyer, contact us for a no-cost consultation.

Click here to contact a Will Challenge Attorney at our Firm.


Where are Will Challenge Cases Filed?
Our Will Challenge Lawyers will file your Will Challenge suit in the correct court, depending on the state and county in which the deceased person resided.

In Pennsylvania, our Will Challenge Lawyers will file your case with the Register of Wills. For further information, please contact one of our Will Challenge Lawyers by selecting below:

In New Jersey, our Will Challenge Lawyers will defend your interests in either at the Surrogate’s Office or Superior Court. For further information, please contact one of our Will Challenge Lawyers by selecting below:

We have offices located in Center City Philadelphia, Montgomery County, Doylestown (Bucks County), Allentown (Lehigh County), and Voorhees, New Jersey. We serve as Probate Attorneys to clients in all counties in Pennsylvania, New Jersey, New York and Florida. If you are outside the greater Philadelphia area and still would like to speak to us about representing you as a Will Challenge Attorney please contact us for a free initial consultation.


Contact our Estate Litigation Staff, Peter L. Klenk, Attorney, Senior Litigation Lawyer.

Interpretation of Wills, Trusts and other Testamentary Writings


Why Do I Need a Will Attorney or Trust Lawyer?
Executors and Trustees sometimes need a lawyer to help them understand the terms of the Will or Trust. Recognizing this, the law allows the executor, administrator or trustee to hire a Will Attorney or Trust Attorney to help them.


How is the Will Attorney or Trust Lawyer Paid?
The estate pays the Will Lawyer and the Trust pays the Trust Attorney. There is no expense to the executor, administrator or trustee..


What Does a Will Attorney or Trust Attorney Do?
The Will Attorney represents the executor or administrator and helps them follow the complex rules and laws surrounding estate or trust. The executor or trustee are personally liable for mistakes they make, the Will Attorney and Trust Lawyer help make sure no such mistakes are made. The Will Attorney protects the executor or administrator and the Trust Attorney protects the Trustee.

We have offices located in Center City Philadelphia, Montgomery County, Doylestown (Bucks County), Allentown (Lehigh County), and Voorhees, New Jersey. We serve as Probate Attorneys to clients in all counties in Pennsylvania, New Jersey, New York and Florida. If you are outside the greater Philadelphia area and still would like to speak to us about representing you as a Will Challenge Attorney please contact us for a free initial consultation.


Contact one of our Orphans’ Court Attorneys, such as Glen Ridenour.

Guardianship and Incapacitated Person Proceedings


Who Needs a Guardianship Lawyer?
If a person you know has become incapacitated, they can no longer take care of themselves or their assets. At that point the courts appoint a Guardian to assist and protect them.


What does A Guardianship Attorney Do?
A Guardianship Lawyer represents the person petitioning the court to have the incapacitated person found to be legally incapacitated and for the appointment of a guardian.


Why Do I Need a Guardianship Lawyer?
A Guardianship Attorney will assist you in filing the necessary Guardianship Petitions and maneuver the technical and difficult Guardianship process.


What Can The Law Offices of Peter L. Klenk’s Guardianship Attorneys Do for My Case?
Since opening his firm in 1996, Peter L. Klenk, Trusts and Estates Attorney, has done nothing but work in the area of Trusts and Estates. It’s all we do!

As Guardianship Lawyers, we regularly represent clients in Petitioning the court for Guardianship and also defending persons who feel a Petition for Guardianship has been wrongfully filed against them. As Guardianship Lawyers we have proven to the court that a person is not incapacitated and has no need for a legal Guardian. We work with you to analyze your case and decide what procedures and positions are best for you. We focus our Guardianship litigation practice exclusively in the Orphans’, Superior and Surrogate Courts of Pennsylvania, New Jersey, New York and Florida. We bill by the hour, not taking a percentage of your case. Other lawyers may litigate, but are they dedicated Guardianship Attorneys? Are they well versed in the practice and procedures of the Guardianships in the Orphans’, Superior and Surrogate Courts? If you have a potential Guardianship case and need a Guardianship Attorney or Lawyer, contact us for a no-cost consultation.

Click here to contact a Guardianship Attorney at our Firm.

We have offices located in Center City Philadelphia, Montgomery County, Doylestown (Bucks County), Allentown (Lehigh County), and Voorhees, New Jersey. We serve as Probate Attorneys to clients in all counties in Pennsylvania, New Jersey, New York and Florida. If you are outside the greater Philadelphia area and still would like to speak to us about representing you as a Will Challenge Attorney please contact us for a free initial consultation.


Contact our Estate Litigation Staff, Peter L. Klenk, Attorney, Senior Litigation Lawyer.

Caveat Attorney or Caveat Lawyer for Register of Wills or Surrogate


Who needs a Caveat Attorney for the Register of Wills or Surrogate?
A concerned beneficiary or other party to an estate may wish to stop a Will from being filed at the Register of Wills or Surrogate’s office. To prevent the filing of a Will the beneficiary or interested party may have an attorney familiar with Caveats, a “Caveat Attorney”, file the necessary petition. The result being that the person has the right to review the Will filed and to object to the Will prior to the person named Executor being formally appointed and gaining control over estate assets. A Caveat Lawyer represents the beneficiary’s rights, advises the beneficiary about the procedures of filing the Caveat with the Register of Wills or Surrogate and how to respond should an attempt be made to file a Will. Our Caveat Attorneys have over 15 years of practice doing nothing but serving as Estate Planning and Caveat Lawyers.


What Is a Caveat?
A caveat (Latin for “let him beware”) is a notice filed with the Register of Surrogate to prevent the Register of Surrogate from granting official recognition to the Executor. The person who files the caveat is known as a “caveator”.


Why Do I Need A Caveat Lawyer?
A Caveat proceeding is often the first step in a more complex proceeding, such as a Will Challenge. It is important that procedure is followed and no opportunities are missed. The penalty might be control to an estate is given to the opposing party. A Caveat Attorney assists the caveator. The caveator is likely not experienced in trusts and estates litigation and the Caveat Lawyer can guide them through this unfamiliar territory. By retaining a Caveat Lawyer, you will likely save a great deal of time, and money, because a Caveat Attorney will already be familiar with the Caveat procedures and rules. This specific knowledge is crucial to making the process flow as smoothly as possible and to position the caveator for the resulting Will or Trust litigation.


What Can The Law Offices of Peter L. Klenk’s Attorneys Do for My Will Caveat Case?
Since opening his firm in 1996, Peter L. Klenk, Trusts and Estates Attorney, has done nothing but work in the area of caveats, Trusts and Estates and representing aviators. It is all we do!

As Caveat Attorneys, we regularly represent caveators in front of the Register of Wills and Surrogate. We work with you to analyze your case and decide whether filing a caveat is right for you. We focus our litigation practice exclusively in the Orphans’, Superior and Surrogate Courts of Pennsylvania, New Jersey, New York and Florida. We bill by the hour, not taking a percentage of your case. Other lawyers may litigate, but are they dedicated to the practice of caveats, Trust and Estate law? Are they will versed in the practice and procedures of the Orphans’, Superior and Surrogate Courts? If you have a potential Will caveat issue and need a caveat Attorney or Lawyer, contact us for a no-cost consultation. Click here to contact a caveat Attorney at our Firm.


Where are Caveats Filed?
Our Caveat Lawyers will file your caveat in the Register of Wills or Surrogates office, depending on the state and county in which the deceased person resided.

In Pennsylvania, our Caveat Lawyers will file your case with the Register of Wills. For further information, please contact one of our Caveat Lawyers here.

In New Jersey, our Caveat Lawyers will defend your interests in either at the Surrogate’s Office or Superior Court. For further information, please contact one of our Lawyers here.

We have offices located in Center City Philadelphia, Montgomery County, Doylestown (Bucks County), Allentown (Lehigh County), and Voorhees, New Jersey. We serve as Probate Attorneys to clients in all counties in Pennsylvania, New Jersey, New York and Florida. If you are outside the greater Philadelphia area and still would like to speak to us about representing you as a Will Challenge Attorney please contact us for a free initial consultation.

Click here to contact a Caveat Attorney.


Contact one of our Will Challenge Lawyers, such as Glen Ridenour.

Executor, Personal Representative and Administrator Disputes Attorney


Who needs an Executor, Personal Representative or Administrator Dispute Attorney?
When disputes between and estate’s Executors, Personal Representatives or Administrators arise, or when there is a dispute among two or more persons as to who should serve as the Executor, Personal Representative or Administrator, the parties are in need of an Attorney. Each Executor, Personal Representative and Administrator may retain his or her own lawyer to assist and advise him or her. Each party who wishes to serve as Executor, Administrator or Personal Representative may also retain an attorney to represent his or her interests. Our Executor, Personal Representative and Administrator Attorneys have over 15 years of practice doing nothing but serving as Estate Planning Lawyers.


Why Do I Need an Executor, Personal Representative or Administrator Attorney?
Disputes between fiduciaries, such as an Executor, can create personal liability to the estate. If you retain us as your Executor Lawyer, Personal Representative Attorney or Administrator Lawyer we will represent you, and only you, to help prevent surcharges. Serving as a fiduciary can be confusing and difficult. Fiduciary tax returns, estate tax returns, sales of assets, disputes between beneficiaries are all examples of situations with which you maybe unfamiliar. Our attorneys can advise you how to address these situations. By retaining a Executor Lawyer, you will likely save a great deal of time, and money, because an Executor Attorney will already be familiar with the procedures and rules that surround being an Executor, Personal Representative or Administrator. This specific knowledge is crucial to making the process flow as smoothly as possible and to protect you from Will or Trust litigation.


What Can The Law Offices of Peter L. Klenk’s Executor, Personal Representative and Administrator’s Attorneys Do for My Case?
Since opening his firm in 1996, Peter L. Klenk, Trusts and Estates Attorney, has done nothing but work in the area of Trusts and Estates, which includes representing Executors, Administrators and Personal Representatives. It is all we do!

We regularly serve as the attorney for Executors, Administrators and Personal Representatives in disputes between fiduciaries and in disputes over whom shall serve as the Executor, Administrator or Personal Representative. We regularly appear in the Orphans’ and Surrogate’s Court representing these interests. We work with you to analyze your case and decide what courses of action exist and which option to select.. We focus our litigation practice exclusively in the Orphans’, Superior and Surrogate Courts of Pennsylvania, New Jersey, New York and Florida. We bill by the hour, not taking a percentage of your case. Other lawyers may litigate, but are they dedicated to the practice of representing Executors, Personal Representatives and Administrators? Are they will versed in the practice and procedures of the Orphans’, Superior and Surrogate Courts? If you are a fiduciary, or are entering into a dispute over who should serve as Executor and need an Attorney or Lawyer, contact us for a no-cost consultation. Click here to contact an Executor, Personal Representative and Administrator Attorney at our Firm.


Where are disputes between Executors, Personal Representatives or Administrators Filed?
In Pennsylvania, our Executor, Personal Representative and Administrator Lawyers will defend your interests in either at the Register of Wills or Orphans’ Court. For further information, please contact one of our Lawyers by selecting below:

In New Jersey, our Executor, Personal Representative and Administrator Lawyers will defend your interests in either at the Surrogate’s Office or Superior Court. For further information, please contact one of our Lawyers by selecting below:

We have offices located in Center City Philadelphia, Montgomery County, Doylestown (Bucks County), Allentown (Lehigh County), and Voorhees, New Jersey. We serve as Probate Attorneys to clients in all counties in Pennsylvania, New Jersey, New York and Florida. If you are outside the greater Philadelphia area and still would like to speak to us about representing you as a Will Challenge Attorney please contact us for a free initial consultation.

Click here to contact our Attorneys Executor, Personal Representative or Administrator Lawyers.


Contact our Estate Litigation Staff, Peter L. Klenk, Attorney, Senior Litigation Lawyer.

Actions Concerning a Fiduciary’s Breach of Fiduciary Duty, Including Surcharge Actions.


Who Needs a Fiduciary Lawyer?
A fiduciary, such as an Agent under a Power of Attorney, Executor under a Will or a Trustee under a Trust, owes the beneficiaries a level of duty and responsibility. Should the fiduciary fail to meet these duties, the Court may fine the Agent, Executor or Trustee. This fine is called a Surcharge. Most people are not aware of all the responsibilities that come with being an Agent, Executor or Trustee and may accidentally make a mistake for which they are personally responsible. An Agent’s Attorney assists the Agent to avoid these mistakes. A Trustee’s Attorney and Executor’s Attorney does the same for the Trustee and Executor.


Do Beneficiaries Need an Attorney?
At other times the Beneficiaries have questions about whether the Agent, Executor or Trustee has met the level of duty owed the beneficiary. Then the beneficiary would hire a Trusts and Estates trained lawyer to answer fiduciary related questions. This Lawyer serves as the Beneficiary’s Attorney.


Who Pays the Fiduciary Attorney?
The Agent’s Attorney is paid out of the money controlled by the Agent for the incapacitated person. The Trustee’s Attorney is paid by the Trust. The Executor’s Attorney is paid from estate funds. The Beneficiary pays the Beneficary Lawyer’s fee out of his or her own funds. If the Fiduciary has failed in his or her duty, the court may order the Fiduciary to pay the Beneficiary’s Lawyer’s fees.


What does the Agent or Executor’s Attorney Do?
An Agent’s Lawyer, Executor’s Lawyer or Trustee’s Attorney works for the fiduciary. The Agent’s Lawyer answers questions relating to the Power of Attorney, the Executor’s Attorney answers questions surrounding the Estate and the Trustee’s Attorney answers the Trustee’s questions surrounding the Trust.


Why do I need a Fiduciary Lawyer?
Serving as an Agent under a Power of Attorney, an Executor under a Will or a Trustee under a Trust is a complex undertaking. The Fiduciary may be Surcharged from his or her own money to correct mistakes. The Fiduciary is allowed to hire, at the estate’s expense, a Lawyer to advise them because the courts recognize that most Agents need an Agent’s Lawyer, that most Executors need an Executor’s Lawyer and that most Trustees need a Trustee’s Attorney.


What Can The Law Offices of Peter L. Klenk’s Fiduciary Attorneys Do for Me?
Since opening his firm in 1996, Peter L. Klenk, Trusts and Estates Attorney, has done nothing but work in the area of Trusts and Estates. It’s all we do!

Whether you are an Agent under a Power of Attorney, an Executor or a Trustee, we have years of experience focused on advising you about your duties and responsibilities. Our job is to keep you out of trouble. If you are a Beneficiary and you believe an Agent, Executor or Trustee has caused you harm, we can represent you in bringing a Surcharge Action against the fiduciary. We work with you to analyze your case and decide what procedures and positions are best for you. We focus our practice exclusively in the Orphans’, Superior and Surrogate Courts of Pennsylvania, New Jersey, New York and Florida. We bill by the hour, not taking a percentage of your case. Other lawyers may litigate, but are they dedicated to representing Agents, Executors and Trustees? Are they well versed in the practice and procedures of the Orphans’ Superior and Surrogate Courts? If you are an Agent, Executor, Trustee or Beneficiary, contact us for a no-cost consultation.

Click here to contact an Agent’s Attorney, Executor’s Attorney, Trustee’s Attorney or Beneficiary Attorney at our firm.

If a Surcharge Action need be filed, our Agent, Executor, Trustee or Beneficiary Lawyers will file your Fiduciary case in the correct court, depending on which state and county the incapacitated person resides or deceased person resided.

We have offices located in Center City Philadelphia, Montgomery County, Doylestown (Bucks County), Allentown (Lehigh County), and Voorhees, New Jersey. We serve as Probate Attorneys to clients in all counties in Pennsylvania, New Jersey, New York and Florida. If you are outside the greater Philadelphia area and still would like to speak to us about representing you as a Will Challenge Attorney please contact us for a free initial consultation.


Contact one of our Will Challenge Attorneys such as Glen Ridenour.

Removing and Replacing Agents, Executors and Trustees.


Replacement Actions
If a beneficiary or other interested party feels that an Agent under a Power of Attorney, the Executor or Administrator of an Estate or a Trustee of a Trust has not fulfilled his or her duties an action for Replacement may be brought to remove and replace the Agent, Executor, Administrator or Trustee.


What Can An Estates and Trusts Attorney Do in a Replacement Action?
An action to replace an Executor, Trustee or Agent must be brought in the appropriate court. Prior to the hearing, discovery is made and evidence is obtained to present to the judge. This discovery process may include depositions, interviews and interrogatories of the existing Executor, Agent or Trustee as well as financial advisors, beneficiaries, bankers or physicians. This evidence must be presented to the judge in an orderly fashion. This process is best handled by an Estates and Trusts focused attorney.


Who Pays the Trusts and Estates Attorney in a Removal Action?
The beneficiary or other interested party pays the Attorney, but if successful the judge may order this fee paid from the Estate. The Agent, Executor or Trustee may also hire an attorney. The Estate pays this Attorney, but if the Agent, Executor or Trustee is removed for bad acts the judge may order the fiduciary to repay this fee.


Why Do I Need a Trusts and Estates Attorney in a Replacement Action?
If you are seeking to remove an Agent, Executor or Trustee, or if you are an Agent, Executor or Trustee whose right to serve is being challenged, your case will be heard in a specialized court with unique procedures and rules. Your case must be organized in a specific manner, evidence presented in accordance with the given court and deadlines met. Your case is best served by having an Attorney who is familiar and experienced with these procedures.


What Can The Law Offices of Peter L. Klenk’s Trusts and Estates Attorneys Do for Me?
Since opening his firm in 1996, Peter L. Klenk, Trusts and Estates Attorney, has done nothing but work in the area of Trusts and Estates. It’s all we do!

Whether you are an Agent under a Power of Attorney, an Executor or a Trustee, we have years of experience focused on advising you about your duties and responsibilities, including defending you from challenges. Our job is to keep you out of trouble. If you are a Beneficiary or other interested party and you believe an Agent, Executor or Trustee has acted badly and needs to be removed, we have years of experience removing bad fiduciaries. We work with you to analyze your case and decide what procedures and positions are best for you. We focus our practice exclusively in the Orphans’, Superior and Surrogate Courts of Pennsylvania, New Jersey, New York and Florida. We bill by the hour, not taking a percentage of your case. Other lawyers may litigate, but are they dedicated to representing clients when it comes to Agents, Executors and Trustees? Are they well versed in the practice and procedures of removing agents, executors and trustees in Orphans’, Superior and Surrogate Courts? If you are an Agent, Executor, Trustee or a Beneficiary, contact us for a no-cost consultation.

Click here to contact an Agent, Executor, Trustee or Beneficiary Attorney at our Firm.

We have offices located in Center City Philadelphia, Montgomery County, Doylestown (Bucks County), Allentown (Lehigh County), and Voorhees, New Jersey. We serve as Probate Attorneys to clients in all counties in Pennsylvania, New Jersey, New York and Florida. If you are outside the greater Philadelphia area and still would like to speak to us about representing you as a Will Challenge Attorney please contact us for a free initial consultation.


Contact our Estate Litigation Staff, Peter L. Klenk, Attorney, Senior Litigation Lawyer.

Compelling the Production of Formal Accountings and Completion of Estates.


Compelling Accountings
If a beneficiary or other interested party has a right to seek an order from the court forcing the Agent under a Power of Attorney, the Executor or Administrator of an Estate or a Trustee of a Trust to produce an accounting of every penny under the Executor, Agent or Trustee’s control.


Voluntary Accountings
An Agent, Trustee or Executor may choose to file an Accounting on their own to receive a release of liability from the Court. This is common when beneficiaries refuse to voluntarily release the Agent, Trustee or Executor. Without a release from the Beneficiaries or from the Court, the Agent, Executor or Trustee maybe forced to Account at any time in the future, even decades later. A Court reviewed and approved Accounting brings the process to a close.


What Can An Estates and Trusts Attorney Do in an Action to Compel an Accounting?
An action to Compel an Accounting from an Executor, Trustee or Agent must be brought in the appropriate court. The process is very specific and, if not done correctly, may be very time consuming. In most cases when seeking and accounting, the Beneficiary feels that the Agent, Executor or Trustee is acting badly, perhaps is stealing, so time is a factor. An Estates and Trusts trained Attorney familiar with compelling accountings can speed up the process and even seek an order from the judge to freeze assets.


Who Pays the Trusts and Estates Attorney in an Action to Compel and Accounting?
The beneficiary or other interested party pays the Attorney, but the judge may order this fee paid from the Estate or Trust or, if the judge finds the Fiduciary has acted badly, even from the Agent, Executor or Trustee’s personal funds. The Agent, Executor or Trustee may also hire an attorney. The Estate pays this Attorney, but if the judge finds that the Agent, Executor or Trustee has acted badly the judge may order the fiduciary to repay this fee.


Why Do I Need a Trusts and Estates Attorney in an Action to Compel and Accounting?
If you are seeking to force an Accounting from an Agent, Executor or Trustee, or if you are an Agent, Executor or Trustee who against whom a Petition to Account has been filed, your case will be heard in a specialized court with unique procedures and rules. The Account must be produced in a very specific manner using rules so as to be uniform with all other Accountings. Filing the Petition to Account, creating and filing the Account itself, objecting to the Petition to Account and then appearing in court to present the case is a skill set created over many years of practice. Your case is best served by having an Attorney who is familiar and experienced with these procedures.


What Can The Law Offices of Peter L. Klenk’s Trusts and Estates Attorneys, Do For Me?
Since opening his firm in 1996, Peter L. Klenk, Trusts and Estates Attorney, has done nothing but work in the area of Trusts and Estates. It’s all we do!

Whether you are an Agent under a Power of Attorney, an Executor or a Trustee, we have years of experience focused on advising you about your duties and responsibilities, including presenting and defending Accountings. Our job is to keep you out of trouble. If you are a Beneficiary or other interested party and you believe an Agent, Executor or Trustee has acted badly and need be forced to Account, we have years of experience compelling and objecting to Accountings. We work with you to analyze your case and decide what procedures and positions are best for you We focus our practice exclusively in the Orphans’, Superior and Surrogate Courts of Pennsylvania, New Jersey, New York and Florida. We bill by the hour, not taking a percentage of your case. Other lawyers may litigate, but are they dedicated to representing clients when it comes to Agents, Executors and Trustees? Are they well versed in the practice and procedures of the Orphans’, Superior and Surrogate Courts? If you are an Agent, Executor, Trustee or Beneficiary, contact us for a no-cost consultation.

Click here to contact an Agent, Executor, Trustee or Beneficiary Attorney at our Firm.

We have offices located in Center City Philadelphia, Montgomery County, Doylestown (Bucks County), Allentown (Lehigh County), and Voorhees, New Jersey. We serve as Probate Attorneys to clients in all counties in Pennsylvania, New Jersey, New York and Florida. If you are outside the greater Philadelphia area and still would like to speak to us about representing you as a Will Challenge Attorney please contact us for a free initial consultation.


Contact one of our Orphans Court Attorneys, such as Glen Ridenour.

Litigation Surrounding Fiduciary Accountings and Objections to Fiduciary Accountings.


Objections to Accountings
To obtain a full release of liability, an Agent under a Power of Attorney, an Executor or Administrator of an Estate or a Trustee of a Trust must either be released by the beneficiaries or obtain a release from the Court. If the Beneficiaries will not sign a release, the fiduciary must file an Accounting. This Accounting must be served on the Beneficiaries. The Beneficiaries then have a right to file Objections to the Accounting. By filing Objections to the Accounting the Beneficiary then obtains the right to appear in front of the judge to dispute what the Agent, Executor or Trustee has done.


Voluntary Accountings
An Agent, Trustee or Executor may choose to file an Accounting on their own to receive a release of liability from the Court. This is common when beneficiaries refuse to voluntarily release the Agent, Trustee or Executor. Without a release from the Beneficiaries or from the Court, the Agent, Executor or Trustee may be forced to Account at any time in the future, even decades later. A Court reviewed and approved Accounting brings the process to a close.


What Can An Estates and Trusts Attorney Do When There are Objections to an Accounting?
An Accounting must be filed in a specific manner following the rules created by the Court. Creating the Accounting, and reading and analyzing the Accounting is a skill set learned after years of experience. If drafted and filed correctly by a Trusts and Estates trained attorney, many objections may be avoided and much money saved. A Trusts and Estates trained attorney can also work with a Beneficiary to understand the Accounting and, if necessary, file objections to what the Beneficiary finds objectionable. The Objections must be filed in a specific manner and if done correctly the first time, will save the Beneficiary time and money.


Who Pays the Trusts and Estates Attorney When Objecting to an Accounting?
The beneficiary or other interested party pays the Attorney, but the judge may order this fee paid from the Estate or Trust, or if the judge finds the Fiduciary has acted badly, even from the Agent, Executor or Trustee’s personal funds. The Agent, Executor or Trustee may also hire an attorney. The Estate pays this Attorney, but if the judge finds that the Agent, Executor or Trustee has acted badly the judge may order the fiduciary to repay this fee.


Why Do I Need a Trusts and Estates Attorney When Objecting to an Accounting?
If you are objecting to an Accounting from an Agent, Executor or Trustee, or if you are an Agent, Executor or Trustee and objections have been filed against your Accounting, your case will be heard in a specialized court with unique procedures and rules. The Objections, and the responses to the Objections, must be produced in a very specific manner using the rules of the specialized court. Filing the Objections to an Account, responding to the Objections to the Account, and then appearing in court to present the case is a skill set created over many years of practice. Your case is best served by having an Estates and Trusts Attorney who is familiar and experienced with these procedures.


What Can The Law Offices of Peter L. Klenk’s Trusts and Estates Attorneys, Do for Me?
Since opening his firm in 1996, Peter L. Klenk, Trusts and Estates Attorney, has done nothing but work in the area of Trusts and Estates. It’s all we do!

Whether you are an Agent under a Power of Attorney, an Executor or a Trustee, we have years of experience focused on advising you about your duties and responsibilities, including presenting and defending Accountings. Our job is to keep you out of trouble. If you are a Beneficiary or other interested party and you believe an Agent, Executor or Trustee has acted badly and need assistance in Objecting to the Accounting, we have years of experience compelling and objecting to Accountings. We work with you to analyze your case and decide what procedures and positions are best for you. We focus our practice exclusively in the Orphans’, Superior and Surrogate Courts of Pennsylvania, New Jersey, New York and Florida. We bill by the hour, not taking a percentage of your case. Other lawyers may litigate, but they dedicated to representing clients when it comes to Agents, Executors and Trustees? Are they well versed in the practice and procedures of the Orphans’, Superior and Surrogate Courts? If you are an Agent, Executor, Trustee or a Beneficiary, contact us for a no-cost consultation.

Click here to contact an Agent, Executor, Trustee or Beneficiary Attorney at our Firm.

We have offices located in Center City Philadelphia, Montgomery County, Doylestown (Bucks County), Allentown (Lehigh County), and Voorhees, New Jersey. We serve as Probate Attorneys to clients in all counties in Pennsylvania, New Jersey, New York and Florida. If you are outside the greater Philadelphia area and still would like to speak to us about representing you as a Will Challenge Attorney please contact us for a free initial consultation.


Contact our Estate Litigation Staff, Peter L. Klenk, Attorney, Senior Litigation Lawyer.

Will Construction Attorney or Trust Construction Attorney

What Is a Will or Trust Construction Dispute?
In Estate Litigation, some disputes are not over the validity of a Will or Trust, but instead are over the terms of the Will or Trust. Such a dispute may be over the “Construction” of the Will or Trust the interpretation, which is given to provisions of the Will, and the law to be applied therein. Click here for more detailed information about Will or Trust Construction.

Who needs a Will or Trust Construction Lawyer?
An Estate’s Executor or Administrator may need a Will Construction Attorney to help them interpret the Will’s Terms. A Trust’s Trustee may need a Trust Construction Lawyer to help the trustee interpret the Trust’s terms. Beneficiaries of a Will or Trust may also wish to retain a Attorney experienced with Will or Trust Construction to help ensure that the Trustee or Executor is interpreting the Will or Trust correctly and to enforce the Beneficiary’s rights under the Will and Trust. Should the parties disagree over a Will or Trust Construction, special courts exist to hear the case. The judges in these courts usually have vast experience in Will and Trust Construction disputes. Each side to the dispute will be allowed to present evidence in support of their Construction and the judge will rule on how the Will or Trust terms will be interpreted. All sides will be best served by having a Lawyer experienced in the area of Will and Trust Construction Litigation so his or her opinion is clearly stated. Our Will and Trust Construction Lawyers have over 15 years of practice doing Estate Litigation, including Will and Trust Construction.

Why Do I Need A Trust or Will Construction Lawyer?
Disputes over Will and Trust Construction are complex legal matters and few lawyers focus all their time on the specialized rules and procedures that surround this fascinating area of the law. These cases often involve an understanding of Estate and Tax law obtained only by years of experience. By retaining an Attorney experienced in Will and Trust Construction Litigation, you will likely save a great deal of time and expense, because a Estate Litigation Lawyer will already be familiar with the unique procedures and rules that surround a Will or Trust Construction Dispute. This specific knowledge is crucial to making the process flow as smoothly as possible.

What Can The Law Offices of Peter L. Klenk’s Do for My Case?
Since opening his firm in 1996, Peter L. Klenk, Trusts and Estates Attorney, has done nothing but work in the area of Trusts and Estates, including Will and Trust Construction. It is all we do!

As Estate Litigation Attorneys, we regularly represent clients in Will and Trust Construction disputes. We work with you to analyze your situation and interpreting your specific and unique Trust or Will terms. We focus our Estate Litigation practice exclusively in the Orphans’, Superior and Surrogate Courts of Pennsylvania, New Jersey, New York and Florida. We bill by the hour, not taking a percentage of your case. Other lawyers may litigate, but are they dedicated to the practice of Trust and Estate law? Are they will versed in the practice and procedures of the Orphans’, Superior and Surrogate Courts? If you have a potential Will or Trust Construction issue and

Click here to contact a Will or Trust Construction Attorney at our Firm.

Where are Will and Trust Construction Disputes Filed?
Our Estate Litigation Lawyers will file your Trust or Will Construction dispute in the correct court, depending on the state and county in which the deceased person resided or the Trust has situs.

In Pennsylvania, our Will or Trust Construction Attorneys will file your case with the correct Orphans’ Court. For further information, please contact one of our experienced Will or Trust Construction Lawyers by selecting below:
Philadelphia Orphans’ Court Click here to contact our Philadelphia Will or Trust Construction Attorneys
Bucks County Orphans’ County Click here to contact our Bucks County Will or Trust Construction Lawyers
Montgomery County Orphans’ Court Click here to contact our Montgomery County Will or Trust Construction Attorneys
Lehigh County Orphans’ Court Click here to contact our Lehigh County Will or Trust Construction Lawyers

In New Jersey, our Will or Trust Construction Attorneys will file your case with the correct Orphans’ Court. For further information, please contact one of our experienced Will or Trust Construction Lawyers by selecting below
Atlantic County Surrogate’s Court Click here to contact our Atlantic County Will and Trust Construction Attorneys.
Burlington County Surrogate’s Court Click here to contact our Burlington County Will and Trust Construction Lawyers.
Camden County Surrogate’s Court Click here to contact our Camden County Will and Trust Attorneys.
Gloucester County Surrogate’s Court Click here to contact our Gloucester County Will and Trust Construction Attorneys.

We have offices located in Center City Philadelphia, Montgomery County, Doylestown (Bucks County), Allentown (Lehigh County), and Voorhees, New Jersey. We serve as Estate Litigation and Will and Trust Construction Attorneys to clients in all counties in Pennsylvania, New Jersey, New York and Florida. If you are outside the greater Philadelphia area and still would like to speak to us about representing you as a Will and Trust Construction Lawyer please contact us for a free initial consultation.


Our offices are located in Center City Philadelphia, Montgomery County, Doylestown, Allentown, Voorhees, New Jersey, and New York. We provide legal representation to clients in all counties in the state of Pennsylvania and New Jersey.All Counties we serve in Pennsylvania:

Adams County, Allegheny County Armstrong County, Beaver County, Bedford County, Berks County, Blair County, Bradford County, Bucks County, Butler County, Cambria County, Cameron County, Carbon County, Centre County, Chester County, Clarion County, Clearfield County, Clinton County, Columbia County, Crawford County, Cumberland County, Dauphin County, Delaware County, Elk County, Erie County, Fayette County, Forest County, Franklin County, Fulton County, Greene County, Huntingdon County, Indiana County, Jefferson County, Juniata County, Lackawanna County, Lancaster County, Lawrence County, Lebanon County, Lehigh County, Luzerne County, Lycoming County, McKean County, Mercer County, Mifflin County, Monroe County, Montgomery County, Montour County, Northampton County, Northumberland County, Perry County, Philadelphia County, Pike County, Potter County, Schuylkill County, Snyder County, Somerset County, Sullivan County, Susquehanna County, Tioga County, Union County, Venango County, Warren County, Washington County, Wayne County, Westmoreland County, Wyoming County, and York County.

All Counties we serve in New Jersey:

Atlantic County, Bergen County, Burlington County, Camden County, Cape May County, Cumberland County, Essex County Gloucester County, Hudson County, Hunterdon County, Mercer County, Middlesex County, Monmouth County, Morris County, Ocean County, Passaic County, Salem County, Somerset County, Sussex County, Union County and Warren County.