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Pennsylvania Questions & Answers
1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: My Father died in July of 2021 and his Mother my grand mother died in Dec of that year as well she had a final will

Which my father is listed on would his kin still have any rights to the property left behind

John Michael Frick
John Michael Frick
answered on Jan 25, 2023

It depends on the language of your grandmother’s will. If she left a bequest to him “per stirpes”, his share would pass to his children since he died before your grandmother.

1 Answer | Asked in Estate Planning for Pennsylvania on
Q: I have a friend who changed their bank account and listed me as next of kin now upon rigorous paperwork he has now takin

Taken me off that list now I did not sign any paperwork I did not know about this till until today and this was done last week do I have any legal right because he did this without my knowledge or my signature or anything I just want advice on this thank you very much. Just wanted to add in... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Jan 24, 2023

Your friend has every right to change his identification of "next of kin" with the bank any time he wants and your signature is not required.

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Can cys threaten to make all urine test positive? If you test or not.
Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Jan 17, 2023

Phrased another way, is the question can CPS default or impute a positive refused drug test? Yes they can and so can the judge in the case.

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Reason being he didnt find out he had a daughter out there until OCY contacted him and she was already in the system.
Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Jan 17, 2023

The key to adjusting and modifying any child dependency matter is to convince the child protective apparatus to go along with an idea to keep the child under the government's supervision while the biological father raises the child the best he can. Without further information, we cannot opine:... Read more »

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Gov & Administrative Law for Pennsylvania on
Q: Who do I contact for opp. counsel changing the language of my Lanc. custody order enter to berks exhibit A. Pet/mod.
Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Jan 17, 2023

The question as is makes no sense, and the asker is best advised to retain legal counsel for his court action.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: If I have a warrant in let’s say Pennsylvania but I’m am serving time in Ohio does the fast and speedy trial rule still
Mark Aaron Hinrichs
Mark Aaron Hinrichs
answered on Jan 17, 2023

There may be a potential argument that the Commonwealth isnt acting with due diligence to bring you to trial if they know where you are and don't make any effort to writ you in; however, the law on rule 600a motions is very pro commonwealth and defendant's motions to dismiss are not often granted.

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: My boyfriend and I are on the Deed to our home as Tenants In Common. Is it legal for each of us to have family member(s

) live in the home also?

Mark Scoblionko
Mark Scoblionko
answered on Jan 16, 2023

Sure, so long as you both agree and you annd your boyfriend are the sole owners of the property.

1 Answer | Asked in Car Accidents and Traffic Tickets for Pennsylvania on
Q: I ran a red light, accident happened, i got a ticket for running the red light. can this used against me in trial?

this happened in PA. what can i do for this not to be used against me in case it goes to trial?

Tim Akpinar
Tim Akpinar
answered on Jan 16, 2023

A Pennsylvania attorney could advise best, but your question remains open for two weeks. You could reach out to traffic ticket attorneys to discuss if you have not already done so. This is posted under the Car Accident category, which deals more with monetary damages in the ensuing civil... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Pennsylvania on
Q: My brothers and I are owners of our family home with my oldest brother having 5/8 and the others 1/8.

My oldest brother is having serious health problems that could possibly be fatal. He has incurred some medical debt due to having no health insurance. If he signs over his 5/8 share of the property to the rest of us, can we avoid paying his medical bills with the estate if he should pass away?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 11, 2023

PA has a "fraudulent transfer" statute, to defeat the give-away of assets by a debtor or soon-to-be debtor intending to make himself "judgment proof". The reach-back period to recapture transfers of property for insufficient consideration is four years.

You don't...
Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Pennsylvania on
Q: Hello,I have a question about medical conditions and my rights as an employee.

Hello,

I am 30 years old and have been employed by my current employer for approximately 2 1/2 years. I am full time and work 40 hours per week.

Recently I was diagnosed with Ehlers-Danlos Syndromes (EDS). My doctor wrote a letter for me to amend my duties based on my condition.... Read more »

Cynthia Pietrucha
Cynthia Pietrucha
answered on Jan 11, 2023

I'm sorry to hear about your situation. It appears you asked for reasonable accommodations for your disability. The employer had an obligation to engage in a good faith interactive process to determine if you could complete your job with or without accommodations. If you want to take action,... Read more »

3 Answers | Asked in Bankruptcy for Pennsylvania on
Q: Hello I am currently on unemployment and I am failing to make ends meet at my debt is piling up, is chapter 7 an option?

My car payment is behind and they are talking about repossession i also have defaulted on my credit cards and other debt, I am seeking legal advice on what to do.

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Jan 9, 2023

To be eligible for a Ch. 7 (liquidation, although you keep exempt property), you must have earned something less than the "median income" for your region (you can google it, as it fluctuates). If you have been below the "median" for the last six months, you are eligible for Ch.... Read more »

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1 Answer | Asked in Criminal Law and Immigration Law for Pennsylvania on
Q: International student charged with retail theft. How do I keep my immigration status safe?

Hi everyone, on 20th Nov 2022 me and my girlfriend were charged with a retail theft summary offence (CC3929) of amount $149 and criminal conspiracy (CC0903) in Philadelphia, PA. We were arrested, fingerprinted, photographed, and given a citation copy with a court date at the station. We hired a... Read more »

Cesar Mejia Duenas
Cesar Mejia Duenas
answered on Jan 6, 2023

Hi, you did not mention what the final disposition of the charges was. Dismissed? Adjourned in contemplation of dismissal? Pleaded guilty to a lesser charge? Without that information, we can only guess whether the arrest (and conviction if any) would affect your immigration status.

Your...
Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: family member called 911 for ambulance the police arrive well after emt's enter with out permission then be cause it wa

Was an over dose, I had been cleaning empty bags and syringes I found behind a dresser drawer left by my ex-wife. She was asked to leave months ago because she was using and I must have gotten fentanyl powder on my hands and touched my mouth. The officer mailed me a paraphernalia charge 2 weeks... Read more »

Mr. Douglas A. Petho
Mr. Douglas A. Petho
answered on Jan 5, 2023

It is generally not appropriate for the police to enter a private residence without permission, unless they have a warrant or there are exigent circumstances that justify a warrantless entry.Good Samaritan laws are intended to encourage people to seek medical help in the event of an overdose by... Read more »

1 Answer | Asked in Intellectual Property and Trademark for Pennsylvania on
Q: I want to make YouTube videos. Would the name "Postscript" infringe on any trademarks?

I want my YouTube channel name to be called "Postscript." I'll be making video essays in which I'll review, offer critique, and discuss my opinion on various pieces of media, such as films, television shows, anime, video games, etc. I liked the name because it's as if my... Read more »

Erik Špila
Erik Špila
answered on Jan 5, 2023

Hello there, you should discuss this with intellectual property lawyer in your area as there is a need for trademark search first for potential infringement of prior rights. Your question can not be duly answered without that. I wish you a good luck with your YouTube channel though.

1 Answer | Asked in Bankruptcy and Real Estate Law for Pennsylvania on
Q: I filed chapter 7 four years ago and included my mortgage. I continue to pay. Can a new lien be placed on my house?

Technically, I could walk from this mortgage as I am legally free from paying it but I plan to finish it. Can another creditor I'm having trouble with and was not included in the original chapter 7 bankruptcy place a lien against me on this home I have no legal obligation to pay? If yes, what... Read more »

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Jan 5, 2023

Justice Clarence Thomas, in the Dewsnup opinion, wrote for the majority that in a Chapter 7 case, a validly perfected mortgage lien against property cannot be "stripped down", i.e., is not affected by the bankruptcy filing (the opinion strangely held that section 106 of the bankruptcy... Read more »

1 Answer | Asked in Real Estate Law, Business Formation and Landlord - Tenant for Pennsylvania on
Q: LLC formed in NJ owns rented condo. LLC address was my home address which i sold and moved to PA.

i am trying to figure out what to do with the LLC. i need to changed the LLC's address as it was my sold home in NJ. do i need to file as a foreign PA LLC, create a new LLC in PA? do i need to close the NJ LLC? i am trying understand the best way to 'move' my LLC to PA. what... Read more »

Michael Cherewka
Michael Cherewka
answered on Dec 27, 2022

Do not have all the facts here, but it looks like you have several options. The easiest would be to get a Registered Office or Registered Agent in NJ for your LLC. The property is located in NJ, and you have a NJ LLC so that lines up fine. Just because you (as the Member or Owner) moved to PA... Read more »

2 Answers | Asked in Immigration Law for Pennsylvania on
Q: So I spoke to someone and was told because we never seen each other in person we gave to have some kind of pictures,bank

Account to do the I-130 so now just wondering what Visa he needs to apply for,for temporary visa so we can get proof or is that info wrong since we are legally married.

Kevin L Dixler
Kevin L Dixler
answered on Dec 27, 2022

You’re speaking to the wrong people!

The difference between legally married (on paper) and entering into a marriage based upon a good faith relationship are significant. Someone who has yet to meet their spouse is likely to eventually be challenged prior to or during processing....
Read more »

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1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Trying to find out what documents I need to help my husband in The Gambia to get to Easton pa
Caitlin  Costello
Caitlin Costello
answered on Dec 27, 2022

Hello! It is a long process with many steps, which begins with filing an I-130 petition with USCIS. You can find instructions online about what you need to file the petition, or you can reach out to an immigration attorney for help.

1 Answer | Asked in Car Accidents and Civil Litigation for Pennsylvania on
Q: Good Morning, I would like to know about the compensation that i was awarded previously
Tim Akpinar
Tim Akpinar
answered on Dec 27, 2022

A Pennsylvania attorney could advise best, but your question remains open for two weeks. This sounds like something your attorney would know best if you were represented in the case. You could call your attorney's office and check with them. Also, if you have a folder with closing documents... Read more »

1 Answer | Asked in Medical Malpractice, Personal Injury and Civil Rights for Pennsylvania on
Q: I had a incident in a prison from not being medicated and had a seizure and was denied medical befor it happened

I had a seizure in prison because medical wasn’t medicating and they knew that I had seizures and even verified it thru my pharmacy and a week and a half later I had a seizure and I told the officer 3 time in the middle of the night that I needed medical attention and he would not call medical... Read more »

Ashley E. Killeen
Ashley E. Killeen
answered on Dec 24, 2022

You may potentially have a case, you should speak to a personal injury lawyer and/or a civil rights attorney to discuss the details of your specific fact pattern to see if it is viable to pursue. Best of luck.

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