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2 Answers | Asked in Foreclosure and Real Estate Law for Pennsylvania on
Q: Hi my fiance passed away with no will in 2018. His mother and I want to resume the mortgage. We haven't paid on it in 2

Years. And I executer relieved foreclosure papers today. If we want the house to be in both of our names what do I have to pay in taxes and is it split considering his mom is heir? What are the taxes based off of? What assessment does it come out of if none has been done since 13

David Kennedy Bifulco
David Kennedy Bifulco
answered on Sep 29, 2022

You said you have been served a foreclosure action. You have to respond to this Court Action as soon as possible. You have 20 days to object to the complaint and 30 days to file an answer and new matter. If you fail to respond properly the Bank attorney can file for a default judgment. If... Read more »

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2 Answers | Asked in Estate Planning and Family Law for Pennsylvania on
Q: My grandfather left his house to me in his will ,so after the reading of the will can I change the locks on the house
Stephen M. Asbel
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Stephen M. Asbel
answered on Sep 28, 2022

The short answer is no. The house must pass through the estate administration. The executor must first ensure that your grandfather's debts, if any are addressed, that the administrative expenses of the estate are paid, and the required inheritance tax and any other tax obligations that may... Read more »

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Pennsylvania on
Q: What happens if 2 siblings who inherit a parent's home, cannot agree on what happens to the house during probate?

Here are the details. Sister and I inherited house from father (no mortgage or liens), no will, we started probate, we payed the inheritance tax, we got a new deed created with both our names on it, and we agreed that we both were going to continue living in the house for the next year or 2, but we... Read more »

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 22, 2022

If that "new deed" to both of you has been executed and recorded, then the property is no longer part of the probate estate.

If the two of you are unable to come to some agreement about what to do with the property, either one of you can file a partition action in court, that...
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1 Answer | Asked in Divorce for Pennsylvania on
Q: I won some property in my divorce settlement ( a 5th wheel camper). He was to deliver it and never did. what can I do?

He has it hidden somewhere so I cant even get it myself.

Roy L. Galloway III
Roy L. Galloway III
answered on Sep 20, 2022

I am sorry you’ve had that experience. Please be advised that the court of common pleas does retain jurisdiction over a divorce to the extent one party fails to comply with the agreement that the court adopted as a order of court.

You may file a petition with the court that presided over...
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2 Answers | Asked in Bankruptcy and Consumer Law for Pennsylvania on
Q: I own an llc that is in terrible debt. Can I sign it over debt and all and walk away??

Just curious if I sign the LLC over will that transfer the debt to that person as well or will I still be responsible. The LLC is almost 3 years old and has not shown a profit. I want to claim bankruptcy but someone else wants to take on the ownership and debt but not pay me anything... I would... Read more »

Cristina M. Lipan
Cristina M. Lipan
answered on Sep 20, 2022

As a general rule, the debt belongs to the entity, not you, so you (personally) would not be liable for the debt. In this case, you could just walk away. HOWEVER, there may be other issues that might prevent you from doing this. If you signed a personal guarantee, then you would be still liable for... Read more »

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2 Answers | Asked in Foreclosure and Real Estate Law for Pennsylvania on
Q: PA LAW: Can proper service of a valid Act 91 Notice be deemed if it is not sent to the Last Known Address?

35 Pa. Stat. § 1680.403c(a) “Any mortgagee who desires to foreclose upon a mortgage shall send to such mortgagor at this or her last known address the notice provided in subsection”

12 Pa. Code § 31.203(a)(6)(i) "The notice shall be sent to the last known address of all... Read more »

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 20, 2022

Every Mortgage doc I've ever read deals with "Notices", and every one says that sending a notice to the mortgaged property is sufficient for all purposes.

That said, lots of Mortgages also speak to the borrower's power to change the "notice address". That...
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3 Answers | Asked in Bankruptcy for Pennsylvania on
Q: My new husband has been in a chapter 13 bankruptcy for 4 years with 1 year left. We just got married. His attorney

wants copies of my pay stubs. I said “no” I have nothing to do with this. This was before we were married. Can the court subpoena my pay stubs? I have no official court order demanding that I provide my pay stubs. Can I refuse since I have nothing to do with his bankruptcy?

Stuart Nachbar
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Stuart Nachbar
answered on Sep 15, 2022

The Bankruptcy Trustee can subpoena them. This is a situation called "change in circumstances" and allows the Trustee to request and augment the Plan in light of same. I would comply with your Husband's Counsel and discuss same with him/her

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1 Answer | Asked in Child Custody, Child Support and Family Law for Pennsylvania on
Q: Is it possible to file for custody while pregnant?

I am pregnant with my first child and ended things with the father. I asked if we could come to an agreement between the two of us vs going to courts and he is now threatening to go for custody. He cannot take care of himself, he does not support himself. He lives at home with his parents and blows... Read more »

Kathryn Hilbush
Kathryn Hilbush
answered on Sep 14, 2022

No, you cannot file for custody until after the baby is born. You're lucky that his mother is supportive of you. She can be your greatest ally if you make sure that she sees her new grandbaby. I suggest that you consult with a local family law attorney for guidance.

1 Answer | Asked in Collections for Pennsylvania on
Q: Can I be sued because my payments aren’t high enough for the collection agent?

I have been making monthly payments since June of 2020. Never missed a payment. Now they are suing me because my payments aren’t high enough. They said I have to agree to an amount I can’t afford or take my chances in court and hung up on me.

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 9, 2022

Yes. You can't just send a payment amount that you can afford without an agreement that your payments are acceptable. Suppose your debt is $10,000.00 and you are making monthly payments of $20.00 without an agreement that the at $20.00 is acceptable.

1 Answer | Asked in Family Law, Foreclosure and Real Estate Law for Pennsylvania on
Q: I asked a previous question regarding domestic violence and being kicked out of my home. I now live in my grandmothers

Home, that I cared for for years but had to go to a nursing home and she had a reverse mortgage on the home and is now in foreclosure and so I will need to find a place to live or buy the property at forclosure? Is that my only option?

David Kennedy Bifulco
David Kennedy Bifulco
answered on Sep 6, 2022

There are specific rules regarding the purchase/repayment of the reverse mortgage by a family member. If the reason for the foreclosure is that your Grandmother is in a Nursing Home the contract should have provisions that cover this situation. It could be dependent on her status and whether it... Read more »

1 Answer | Asked in Insurance Bad Faith and Real Estate Law for Pennsylvania on
Q: Property was damaged by known third party. Property was sold. No mention of damage. Insurance claim turned in

Claim made to offending party's insurer. How much property damage is the insurer liable for? Thank you. Damage was done for years prior to sale and continues (storm water). Damage caused by offending party negligently not following the law

Tim Akpinar
Tim Akpinar
answered on Sep 5, 2022

A Pennsylvania attorney could advise best, but your question remains open for three weeks. I could only speak for the insurance elements of your question, since you posted under Insurance Bad Faith. It could depend on the insurer's policy limits and whether it is a loss covered by the policy... Read more »

1 Answer | Asked in Real Estate Law and Foreclosure for Pennsylvania on
Q: My house is in foreclosure. I have sold my property prior to foreclosure date… I have deposits settlement date is set.

My real estate agent notified my mortgage company.

My mortgage company has listed my home on Zillow for sale after it is under agreement.. is this legal?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 1, 2022

If the mortgage is recorded then any "sale" takes subject to the mortgage which could be foreclosed. Your agent and buyer do not know what they are doing. You as the mortgagor might expedite the sale and get a release of the mortgage prior to foreclosure.

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Immigration question!!! Please someone help!!!

If immigration process was canceled for my husband because we were getting divorced and have now decided to work things out, what should I do? I wrote a letter to have them cancel the process but never heard anything back (that was June 3 and now it’s august 29). Is there anything I can do to try... Read more »

Stephen Arnold Black
Stephen Arnold Black
answered on Aug 30, 2022

You should retain an immigration attorney who will file a G-28 Notice of Appearance in your case to represent you.

1 Answer | Asked in Consumer Law and Collections for Pennsylvania on
Q: I got a call from a debt collector and told them to stop calling me. They said they'd only do so for a 30 Day period.

Does this violate the FDCPA

David Kennedy Bifulco
David Kennedy Bifulco
answered on Aug 28, 2022

They are telling you that they are accepting your verbal request for verification of debt. Within that 30 days they will likely mail you a copy of verification of debt. After they provide you with the required information they may or may not give you a follow-up call. They may start litigation... Read more »

1 Answer | Asked in Bankruptcy and Identity Theft for Pennsylvania on
Q: Can I sue a man from Instagram? A six month relationship using bitcoin I sent him money. He manipulated me to send 40k.

He said he was in the Air Force and he first needed a new phone as it was damaged from his travel to Isreal. Then surgery as he collapsed he needed an electric wheelchair. Then flights, three attempts to fly for a personal vacation. I sold my car I sold my townhouse to fly him home. On the day he... Read more »

Timothy Denison
Timothy Denison
answered on Aug 27, 2022

Yes you can sue him but how are you going to find him.

1 Answer | Asked in Copyright for Pennsylvania on
Q: Can I make a play on a name of a series for the name of a blog.

I want to make a blog about exterior remodeling and we do a lot of James Hardie products. So my main source of content would be tips and tricks for installing as well as reviews and other aspect of home remodeling. But I don't know if It'll be copyright to the series The Hardy Boys as... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 22, 2022

Although James Hardie Industries owns the trademark HARDIE for siding materials, your use of the word as the name of an informative blog would not be infringing. Regarding the old Hardy Boys works of fiction, the titles themselves are not the subject of copyright and your use would be... Read more »

1 Answer | Asked in Personal Injury, Wrongful Death and Medical Malpractice for Pennsylvania on
Q: If a hospital gave a wrong diagnosis and didn’t find an infection that led to death can they be held liable?

My Dad had Melanoma skin cancer and was on the medicine Eliquis where his whole body was covered in rashes, they told him it wasn’t the medicine and it continued to get worse. The hospitals didn’t wrap the infections and let him go with over the counter cream. In which turned into... Read more »

Tim Akpinar
Tim Akpinar
answered on Aug 21, 2022

A Pennsylvania attorney could advise best, but your question remains open for a week. I'm very sorry for the loss of your father. The best way to answer your question would be to reach out to med mal law firms to try to arrange a free initial consult. That's the norm in the industry with... Read more »

1 Answer | Asked in Estate Planning and Tax Law for Pennsylvania on
Q: In PA how much is the tax rate if there was no beneficiary on a IRA and it goes to an estate then passes to adult child

My Dad never updated his will but he left everything to his girlfriend and she said she is going to distribute everything between her and the 3 children evenly. Wondering about taxes and if I should get an attorney to make sure it’s done fairly. 350k+ in assets and investments mostly... Read more »

Michael Cherewka
Michael Cherewka
answered on Aug 14, 2022

Not sure how to read your question, but if you mean by "never updated his will" that your dad DID have a will and his girlfriend received everything under the will, then you will definitely want to meet with a PA estate attorney. if the will is probated and the girlfriend does not file... Read more »

1 Answer | Asked in Probate for Pennsylvania on
Q: Question regarding priority of claims and a home equity loan that was in both dad and mom's name when dad passed.

My dad died intestate. Bank accounts were jointly owned with my mom (his spouse). Only one account was in his name solely, a holding in a mutual fund, approx 50,000. He also had a credit card in his name solely, approx 10,000. After funeral expenses, etc there is enough left to pay the unsecured... Read more »

Michael Cherewka
Michael Cherewka
answered on Aug 11, 2022

Two different questions here. PA Inheritance Tax return you usually report assets in decedent's name alone at 100% of value, and then there is a Joint Asset schedule where (in case of husband and wife) you would report 1/2 of total of joint assets.

The credit card would be deducted as...
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1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: If my sister and I inherited our father's house, how should I go about having a new deed created?

We Plan on living in the house for at least the next 2 years. The recorder of deeds aid that we need to get a new deed created and that any title company can do it. About how much does this whole process cost? I know there is an $83 recording fee. And what is required or needed to create a new... Read more »

Michael Cherewka
Michael Cherewka
answered on Aug 11, 2022

You indicate that you inherited the house. How you inherited it will determine if the process is simple or a bit more complicated. If your father's Deed was joint deed with you and your sister (Joint with Right of Survivorship) it may be as simple as filing a PA Inheritance Tax Return to pay... Read more »

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