Probate Attorney Delaware County PA
We are a premier estate litigation law firm having handled contested estate matters in the Delaware County area for decades. Nobody is better than the team fielded by our firm. Our team includes seasoned litigators that are matched with attorneys with advanced degrees in estate matters. The firm’s founder, Peter Klenk, received his masters-in-law, or LL.M, from the prestigious NYU Law School LL.M. program. Our attorneys have also served their country; both attorneys Peter Klenk and Glen Ridenour served in the United States Navy JAGC.
Dedicated, loyal, and hardworking. Let our team represent you.
Why Hire an Experienced Delaware County Estate Litigation Lawyer?
Estate litigation matters are highly technical and extremely complex. Why hire a general practitioner or an attorney who only dabbles in estate litigation?
- Settling the Estate Litigation Dispute: If your attorney does not understand estate litigation, then a chance to settle a dispute might be lost. After decades of helping people through the legal and emotional issues surrounding the death of a friend or family member, I have found that in most cases any disputes that exist can be settled peacefully, especially if the parties have good advice on how to avoid potential conflicts. If the attorney you retain does not understand the strengths and weakness of the Parties positions or how the subtleties of the Delaware County Orphans’ Court, then a settlement might be missed, resulting in expensive litigation.
- The Best Representation: In some cases conflict and disputes surrounding an estate are unavoidable. In those cases, it is invaluable for you to have the advice of a Delaware County estate litigation attorney whose firm focuses exclusively on estate matters. Conflicts involving estate matters in Delaware County are heard in front of either the Delaware County Register of Wills or the Delaware County Orphans’ Court. Our Delaware County estate litigation lawyers have decades of experience in front of both the Delaware County Register of Wills and the Delaware County Orphans’ Court and would be happy to answer your questions during a free consultation.
Our areas of Practice:
Our experienced litigation team focuses only on estate litigation. We don’t dabble in other areas. We provide our Delaware County clients with experienced, high quality, trusted legal counsel. Our estate and trust litigation attorneys have years of experience representing both sides should a dispute arise between the beneficiaries of a Delaware County trust or estate and the fiduciaries – trustees, executors or administrators. Our practice in Delaware County includes but is not limited to the following types of litigation:
- Delaware County Will Contests/Will Challenges,
- Compelling and Defending Accountings Filed With the Delaware County Orphans’ Court,
- Representing the Rights of Delaware County Beneficiaries,
- Addressing Breach of Fiduciary Duty Matters in the Delaware County Orphans’ Court,
- Filing and Defending Caveats with the Delaware County Register of Wills,
- Representing Delaware County Co-Executors/Co-Administrators and Co-Trustees During Disputes,
- Addressing Fraudulent Transfers from Delaware County Estates and Trusts,
- Representing the Various Parties During Delaware County Guardianship Filings,
- Representing Agents and Interested Parties During Delaware County Power of Attorney Disputes,
- All Delaware County Probate Litigation,
- Advising Surviving Spouses About Spousal Rights of Election,
- Representing Beneficiaries Regarding Removal of a Delaware County Trustee or Executor,
- Representing Trustees and Beneficiaries for Trust Reformations,
- Representing Parties to Will and Trust Construction Disputes, and
- Advising and Representing Beneficiaries and Executors During Wrongful Death Claims.
Representing You During Trust, Estate and Fiduciary Litigation in Delaware County
Will Contests and Will Challenges: A Delaware County will can be contested in the Delaware County Orphan’s Court by interested parties when the scrivener was under undue influence, when the will is a forgery, if there was fraud, or if the person lacked capacity to sign the will. Read more about will contests and will challenges.
Accountings, Compelling and Defending:
To obtain a full release of liability, an Agent under a Delaware County Power of Attorney, an Executor or Administrator of a Delaware County Estate or a Trustee of a Delaware County situs Trust must either be released by the beneficiaries or obtain a release from the Delaware County Orphans’ Court. Typically, the fiduciary will have an informal accounting and releases drafted by a Delaware County attorney, which is then circulated to all interested parties. If the Beneficiaries will not sign the release, then in order for the fiduciary to be released, he or she must file a formal accounting. This Accounting must be served on all interested parties and submitted for review by the Delaware County Orphans’ Court. Typically, the interested parties will have the formal accounting reviewed by a Delaware County attorney experienced in estate matters review the accounting, and advise them. If the formal accounting does not satisfy the concerns of these interested parties, then they will have their Delaware County attorney 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 the actions taken by the Agent, Executor or Trustee.
Often beneficiaries of Delaware County estates and trusts will retain our firm to represent them, even if there is no immediate need to file a cause of action in the Delaware County Orphans’ Court. Unless you have years of experience with the rules and procedures surrounding a Delaware County a estate or interpreting a Delaware County situs trust, you will likely find this area strange and confusing.
At one time the beneficiary of a Delaware County estate or trust had view if any rights, and executors and trustees held the upper hand. This has changed.
Breach of Fiduciary Duty:
Under Delaware County law, a fiduciary is a person or professional entity, such as a bank, who holds a special relationship of trust and responsibility to anther person. Typical examples of fiduciaries are executors, personal representatives, administrators, trustees and agents. If a person or entity has agreed to take on the position of fiduciary, then they are held to have a duty to execute the responsibilities of that position. If you believe a fiduciary has abused his or her powers or has not carried out his or her duties, and this has resulted in harm or financial loss, you can have our Estate Litigation Attorneys bring them before the Delaware County Orphans’ Court, where they will have to defend and explain their actions.