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Questions Answered by Michael Cherewka
1 Answer | Asked in Business Formation for Pennsylvania on
Q: Can I re-purpose a dormant LLC into a whole new business?

I have a 10 year old single member LLC (registered in PA). Can I amend my articles of organization and rename the company to turn it into a different business than it was originally created as? I want to capitalize on the age of this entity?

Michael Cherewka
Michael Cherewka answered on Mar 27, 2020

this answer depends on your documents and whether you have maintained the LLC as active in PA. Most Certificates of Organization filed for LLCs do not contain specified types of business that the LLC will operate. so, in general, as long as the business is legal to operate, your LLC should be... Read more »

1 Answer | Asked in Estate Planning for Pennsylvania on
Q: My wife is not on the deed to our home. Do I need to record a quit claim before a Revocable Living Trust ?

We would be the only trustees on the trust.

Michael Cherewka
Michael Cherewka answered on Mar 19, 2020

there are a number of open questions here. Is there a mortgage on the home? Is the Living Trust in your name only or is it a joint living trust? also, a caution. the PA Department of Revenue is reading Living Trusts very closely and taking a very narrow view of what qualifies as Living Trust... Read more »

1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: My mom just passed away. It's only me & my oldest sister left but she refuses to be in contact with me to discuss

Anything with me regarding my moms arrangements or her personal belongings. What can I do to force her to give me my half of my moms belongings and deal with her final arrangements?

Michael Cherewka
Michael Cherewka answered on Mar 12, 2020

Very difficult to give you a complete answer with so little information. In general, if your sister fails to be in contact with you you can file a Petition with the Register of Wills (you are probably Lebanon County) to be appointed Administrator of your mom's Estate. Since your sister is not... Read more »

1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: If money from deceased’s account goes to the state, how long does it take before a family member can request it?

My aunt passed and as her POA I wanted to take care of her bills and get a grave marker but found out that my “duties” ended at death and I could no longer access her account. She has $1700 between her bank account and the money that will be returned from the nursing home. Her husband and... Read more »

Michael Cherewka
Michael Cherewka answered on Feb 28, 2020

You are going to have to meet with an attorney experienced on estate administration to help you figure out this one. the summary above raises a lot of questions. If there are grandchildren alive they are first in line to become the Administrator of the Estate. If the funeral bill needs to be... Read more »

1 Answer | Asked in Probate for Pennsylvania on
Q: I have both a right to survivorship deed and right to survivorship will. Estate is less than 2000.00. Do I need attorney

To file probate or can I use ez probate to file on my own?

Michael Cherewka
Michael Cherewka answered on Feb 25, 2020

There are too many unknowns here to give you a complete answer, but there are some guidelines for you. If you are the survivor on the Deed, you will need to prepare and file a new Deed to show that you are now the sole owner. I am not sure what you mean by a survivorship Will, but if you mean... Read more »

1 Answer | Asked in Business Formation for Pennsylvania on
Q: non-profit board of directors voting limits

in a non profit corporation (in this case a parent run 501c3 youth sport organization) can voting be limited to one per family even if two members of the family are on the board of directors? How should that be written?

(Pennsylvania)

Michael Cherewka
Michael Cherewka answered on Feb 18, 2020

in general , yes, you can draft or revise your Bylaws to limit voting as you describe. you should consult with your attorney to review your Articles and Bylaws before attempting to draft the voting restrictions as you describe them

2 Answers | Asked in Probate for Pennsylvania on
Q: Mother died August 2019. Sister is executrix. There is a will and she and I are the only heirs. To be split 50/50.

I have never received an inventory or accounting and inheritance tax filed. Many items removed by sister without informing me. Would Title 20 chapter 33 subpart a apply to get information.

Michael Cherewka
Michael Cherewka answered on Feb 13, 2020

yes, Title 20, Chapter 33, Subpart discusses the Inventory and sets time limits for filing the Inventory, what has to be included in the Inventory, etc.. Also sets forth that the court can compel the executor to file an Inventory if he or she has not done so.

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2 Answers | Asked in Probate for Pennsylvania on
Q: Is it necessary to file a probate in Pa if there is no estate?

My mother-in-law passed away Dec 28, 2019 with a will naming my wife executrix. She had no estate. She did have over $16,000 of debt. Final expenses were prepaid except grave marker which we will have to purchase. She had less than $700 in the bank. There is no life insurance, property or car.... Read more »

Michael Cherewka
Michael Cherewka answered on Feb 12, 2020

There is no requirement that an executor probate a Will if there are no assets (or insufficient assets ) in the potential estate. Creditors can be notified that there are no assets and no estate will be opened. Creditors can tary to open an estate to attempt to collect debts, but if they have... Read more »

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1 Answer | Asked in Probate for Pennsylvania on
Q: is there a charge to find what it will cost to represent me for a no will estate in phila.pa

My brother and half sister are fighting to be administrator and ask me to sign a renunciation letter

Michael Cherewka
Michael Cherewka answered on Feb 10, 2020

you should check the websites or call local law firms in your area to see what their policies are. many firms that practice in this area offer the initial consultation for no charge

1 Answer | Asked in Probate for Pennsylvania on
Q: Mother died in Pa. With a will. My sister is Executrix. I have asked for accounting and inventory. Nothing received.

Does Title 20 section 3101c? apply in that I can request an inventory? Mother died in August. She (sister) also submitted errant info as part of inheritance tax filing.

Michael Cherewka
Michael Cherewka answered on Feb 10, 2020

Your sister might have filed an Inventory with the Register of Wills at the same time she filed the Inheritance Tax Return. Most estates are not completed until 9 months to a year after the date of death. Most estates are also completed with an Informal Accounting and some type of Release. If... Read more »

1 Answer | Asked in Estate Planning and Tax Law for Pennsylvania on
Q: My mother died in PA with no assets in PA. Her estate is in a trust in Virginia. Does PA inheritance tax apply?

(i) Her permanent address was in PA for the last three years. (ii) Assets were bank account, stocks, and bonds. No real estate. (iii) Revocable trust domiciled in Virginia.

Michael Cherewka
Michael Cherewka answered on Jan 29, 2020

This question has too many unknowns at this point to answer in this short space. The three biggest questions are: (i) in what state was mom domiciled (her intended permanent residence) at the time of her death (just because she died in PA does not necessarily mean she was a resident here); and... Read more »

2 Answers | Asked in Real Estate Law and Probate for Pennsylvania on
Q: Can a child reside in a deceased parent's home, leaving the deceased parents name on the deed and continue to pay school

taxes and property taxes in deceased parent's name?When child gets short certificate, fo they have to report real estate if it's value is $6000?

Can a child continue to live there?

Michael Cherewka
Michael Cherewka answered on Jan 29, 2020

There are many unknowns here and hard to give a clear answer, but the simple answer is the child does not get title or ownership of the home just by living there and continuing to pay real estate taxes. There are a number of issues that should be dealt with quickly if the child is living or plans... Read more »

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2 Answers | Asked in Probate for Pennsylvania on
Q: If you inherit property through a person's will, can the finance company holding the note refuse to give you information

The finance company has been repeatedly sent a copy of the will, a death certificate and a short certificate and refuses to give any information to the executor, named in the will, or the person who inherited the property.

Michael Cherewka
Michael Cherewka answered on Jan 17, 2020

Difficult to give a complete answer without seeing all the documents, etc., but in general, once the Will has been probated and the Executor is issued a Short Certificate, a financial institution that has a loan with decedent and a mortgage or other lien on decedent's property is obligated to... Read more »

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1 Answer | Asked in Business Formation for Pennsylvania on
Q: Can I start a home beer and liquor delivery service in Hanover, Pa.?

I want to run the operation from home at first, and hire local people to pickup and deliver. I'm sure I can't stock my own because of the liquor licenses around here. They're scarce.

Michael Cherewka
Michael Cherewka answered on Jan 2, 2020

This is not a question you are going to get answered in such a short space. PA has a complex and fragmented liquor law, and beer is treated separately from wine and liquor. Further, there are also separate laws if you brew your own beer or make your own wine. Licenses/permits are required for... Read more »

2 Answers | Asked in Estate Planning and Probate for Pennsylvania on
Q: My father passed away without a will and he is survived by my sister and me. What are our rights to his personal items?

My father is predeceased by his parents and has no spouse. His home was signed over to the state of PA in order to pay for medical care, but his belongings remain in the home. After his death, other family members including his sister, brother and step mother have gained access to the home and... Read more »

Michael Cherewka
Michael Cherewka answered on Dec 14, 2019

If the state did not claim the personal property and hold an auction or otherwise try to sell that property it could be claimed by you and your sister. You would have to file petition to open estate and then you could recover items in house and possibly from your relatives. You should meet with... Read more »

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2 Answers | Asked in DUI / DWI and Estate Planning for Pennsylvania on
Q: How to interpret Living Trust name: John Doe TTEE UA DTD 5/11/12 FOR THE John Doe TRUST, 201 Greenwood St Millerstown?

Sorry clicked before completed question - how to interpret the name of a living trust: John Doe TTEE, UA DTD 5/11/12 FOR THE John Doe TRUST, 201 Greenwood Street, Millerstown PA?

Michael Cherewka
Michael Cherewka answered on Dec 10, 2019

John Doe, Trustee under trust agreement dated 05/11/2012. "The John Doe Trust" is another way to name or reference the same trust. The remainder was the address of the trust at the time the trust was created (05/11/2012)

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2 Answers | Asked in Estate Planning for Pennsylvania on
Q: Contingent Beneficiary

My mother passed away shortly after changing her will to place my step-father as beneficiary/executer and placing myself (only natural child) and included my step-sister as contingent beneficiaries upon his death. He had a will made up saying the same.

Due to the nature of my moms sudden... Read more »

Michael Cherewka
Michael Cherewka answered on Dec 3, 2019

It looks like you may have two questions here. First, if your mother had an Estate opened then you can get a copy of her Will from the Register of Wills in the county where she lived at the time of her death. No one could change your mother's Will except her, and only while she was alive. Her... Read more »

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2 Answers | Asked in Estate Planning for Pennsylvania on
Q: My daughters father passed away in Jan, we were not together. His will was excuated prior to her being 18.

His girlfriend was excuator and my daughter received nothing not even any personal belongings. Can this happen?

Michael Cherewka
Michael Cherewka answered on Nov 11, 2019

Without all the facts the general answer is it is possible but highly unusual. Your daughter should obtain a copy of the Will and review it with an experience probate attorney. If the Will does not mention your daughter's name she may have a claim that she was inadvertently left out of the Will

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3 Answers | Asked in Estate Planning for Pennsylvania on
Q: I have a revocable trust drawn up in FL where I live. I have property in Pennsylvania I would like put in the trust

Does the PA lawyer need to see the whole trust? Can I just do a quit claim?

Michael Cherewka
Michael Cherewka answered on Nov 7, 2019

Most PA lawyers would want to review the Trust Agreement before preparing the Deed. The terms of the Trust can actually determine if the transfer into the Trust is subject to PA Realty Transfer Tax which you may not have considered . Deed prep is not that expensive, and you would want a PA... Read more »

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2 Answers | Asked in Estate Planning for Pennsylvania on
Q: My Brother and I previously acquired our family cabin for $1. No deed survivor clause, but how can my sons get it?

I want to ensure my 2 sons eventually acquire the cabin and acreage. Although I have a basic Will noting my sons are to receive my 1/2 ownership, can my Brother do the same to ensure his ownership doesn't go into probate to his wife and subsequently leave the original family, or is there something... Read more »

Michael Cherewka
Michael Cherewka answered on Nov 7, 2019

The first place to start is to review the current deed. If it does not contain "joint tenants with right of survivorship" language then you and your brother own the property as tenants in common, and you each can transfer or bequeath your 1/2 share in your separate Wills. Your brother's spouse... Read more »

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