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Questions Answered by Peter N. Munsing
1 Answer | Asked in Probate for Pennsylvania on
Q: My aunt got my sickly 88yr old grandmother to give her everything in the Will a few months after grandfather died.

Everything done in secret. I would have inherited half the property since my mother died in 1984. I did not contest because the clerk at register of wills gave me wrong info and I did not have the money. This was also done in 2013. Can I still contest?

Peter N. Munsing
Peter N. Munsing
answered on Sep 17, 2021

No , the statute of limitations is long gone. For what it's worth, will contests are very difficult and had you filed back then you might not have won.

1 Answer | Asked in Probate for Pennsylvania on
Q: My brother died without a will. I am personally responsible for debts?

My divorced brother with 2 minor children lives in PA. My sister and I live in NJ. If we co administer the estate, will we be held responsible for his income tax if there isn't anything to pay with from the estate? He owned nothing and in the past had owed thousands in back taxes. Can... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 17, 2021

No, you don't have personal responsibilities for an estate's debts. You should make no agreement to pay any debt. If anyone claims you are responsible get all their information, write down what they said as exactly as possible, the date and time. Then just tell them "thank you, I... View More

1 Answer | Asked in Landlord - Tenant for Pennsylvania on
Q: 37 years ago I gave my landlord a security deposit if $250. He just sent me a check for that amount

Minus $100 for things he had hauled out, so $150.00. Shouldn't there have been some interest in 37 years or can he just make a note that's what it was and spend it or whatever? 37 years!!!!

Peter N. Munsing
Peter N. Munsing
answered on Sep 17, 2021

He is required to have it in an interest bearing account.

2 Answers | Asked in Civil Litigation and Personal Injury for New York on
Q: Consumption by Fraudulent Means. Is there a law against this in NYS

I was slipped an illegal substance in my drink unknowingly. There are witnesses. I later had my urine tested. It tested positive for thc. I have eye witnesses. This has caused me mental anguish and anxiety. Do I have a civil case?

Peter N. Munsing
Peter N. Munsing
answered on Sep 17, 2021

Yes. You have a battery case (as in assault and battery). However, if the person has no money, you may win but not collect. Also, if the only effect is anxiety be aware that courts require proof of mental harm, and some states have more stringent requirments.Contact a member of the NY State Trial... View More

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1 Answer | Asked in Products Liability for Texas on
Q: In June 2020 my F250 quit running. The dealership said bad fuel. Repair cost was $ 10,793.00 was this a bad fuel pump.

I have fuel receipts, dealership repair statements, fuel samples.

Peter N. Munsing
Peter N. Munsing
answered on Sep 16, 2021

Before someone pays the law says you have to be able to show 1) it was their cause and 2) they were careless. With fuel, the issue tends to be that some engines don't like ethanol, or if you are using diesel, some newer engines have issues with low sulphur.

The problem is you need...
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1 Answer | Asked in Civil Rights, Constitutional Law and Wrongful Death for Pennsylvania on
Q: Are police required to do welfare check-in on someone who may be in danger?

I called the police on August 11, 2021 because my father started he was in danger and was acting strange, I'm 30 minutes away so police department is much closer. They never went to check on him and the next day by 12:45 pm he was dead. is there anything I can do. I feel like he could have... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 13, 2021

It's hard to say without knowing more. Maybe the police contacted him and he was normal when they talked to him. They don't have an obligation to check on everyone. However an attorney who specializes in police actions would be the best bet to contact.

1 Answer | Asked in Sexual Harassment for Pennsylvania on
Q: Is doctor putting arms around me on exam table, puts his hands under my shirt/ panties and kissing me sexual assault?

My doctor asked if my back was sore and I said yes because I hunch and do have big breasts. The doctor proceeded to our his arms around me and put his hands under my shirt and massaged me then proceeded down my back under my panties. He was pressed against me and I could feel his penis. I told him... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 13, 2021

You were assaulted. He committed a harmful or offensive touching which is also a battery. You can file against him. You also have a civil claim.

2 Answers | Asked in DUI / DWI for Pennsylvania on
Q: In the state of PA if a sober driver is pulled over while the passenger is under the influence, is the driver penalized?

In a situation where a police officer would pull a vehicle over in the incident of a passenger being under the influence, not the driver, would the driver receive penalities (DUI, Possesion, etc) even though the action is not on them AND the driver is sober through a FST (Field Sobriety Test)??

Peter N. Munsing
Peter N. Munsing
answered on Sep 13, 2021

The driver isn't DUI because a passenger is.

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1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for Pennsylvania on
Q: Is “mutual combat” legal or even a legal grey area in Pennsylvania?

When I say “mutual combat” I mean mutually agreed upon fighting (without weapons), with set agreed upon rules, and witnesses with the intent of settling a dispute and not for any other malicious purposes.

Peter N. Munsing
Peter N. Munsing
answered on Sep 13, 2021

You cant settle things by violence legally.

1 Answer | Asked in Civil Litigation for Pennsylvania on
Q: I'm suing a corporation. How long do they have to hire an attorney?

PA Common Pleas Court requires that a corporation has to be represented by a legal counselor. I just ended my Discovery time and now we are into their discovery time. Since an attorney is required by the law to represent a corporation, the owner of the corporation can't request anything from... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 13, 2021

The corporation as a defendant has a right to request things from you. If you think those are beyond the scope of discovery, then object or file a motion for a protective order. At that time you can bring up to the judge that the corporation (if it's not a partnership) should have an attorney.... View More

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Pennsylvania on
Q: My wife walked out with no warning. She said she would help pay for what's also in her name. Now she refuses to.

I was forced to take early retirement because of my back. I am barely getting by because of her refusal to help pay for what is also in her name. She told me in writing she would help pay but now refuses to. Is there anything I can do about this? Do I have any options to make her help with the... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 13, 2021

You need to speak with a domestic relations attorney in your county. They can best advise you as to your options.

1 Answer | Asked in Legal Malpractice for Pennsylvania on
Q: What can I do when my attorney won't return my retainer?

I asked for the money back within 24 hours of payment. The attorney ignored me for a week, until I brought up matters of trust funds and attorney obligations in an e-mail. Then I was contacted almost immediately. Contract makes no mention of non-refundable and attorney agreed to return the funds.... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 13, 2021

I suggest you drop off a written request or send one certified return receipt requested. Then contact the attorney-client dispute resolution committee of the bar association for the county where the lawyer practices.

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Can a owner change their mind about renewing a lease after they emailed you saying they are preparing a new lease?

Owner agreed to extend lease for another year via email and then texted 2 weeks later stating that they will only extend for another six months even though they promised to extend for an additional year.

Peter N. Munsing
Peter N. Munsing
answered on Sep 13, 2021

Unless they had formally contracted with you I don't see a claim to holding them to a year. If the six months meet your terms and you want to stay, sign the six months and look for a place.

1 Answer | Asked in Legal Malpractice for Pennsylvania on
Q: Can I sue my lawyer for malpractice?

After their testimonies unwittingly showed their motor vehicle hit my bicycle, my lawyer did not question the defendant's witnesses over their words at their cross examinations. He also did not raise their statements at his closing argument before the jury! We lost the jury decision.... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 13, 2021

The lawyer may have had tactical reasons for doing what he did. Jurors may have looked at other issues. Your attorney was, I assume under a contingent fee. He had every reason to do his utmost to win. If he and you believe it's against the weight of the evidence he can file an appeal. That... View More

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: Is it legal for the prothonotary and clerk of courts to send me a bill after paying close to 2,000 in fines on a 1st dui

I told them I didn’t owe them anything and made payments for 4 years probation but they said they will lien my house if I don’t pay! Odd thing is, it’s Already paid because I thought I was paying on the same thing. Then I noticed the amount wasn’t going down and that when they said I owed... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 13, 2021

Talk to the lawyer that represented you. You should get receipts for what you paid. If you paid by check or credit card, get copies of all of those.

Your debt is to the county. The question is how many debts did you owe the county--if you owed 2 or 3 and only paid on one, you still owe....
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1 Answer | Asked in Criminal Law and Civil Rights for Pennsylvania on
Q: Can my ex girlfriend blackmailed me if I don’t send my truck over she’s also threatening to press charges against me

We have got into several fights there was one time the police were called in the report done but neither one of us called or had the police report done she went and signed a piece of paper stopping the investigation can she pursue any charges if she stop the investigation and didn’t follow... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 13, 2021

anyone can threaten anything. You should consult an attorney to discuss your potential exposure to having a complaint lodged against you--and note, she can still follow through on that even if you give her your truck.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Pennsylvania on
Q: Moved out from apt in April-still waiting for security deposit that was made 37 years ago

Plus, shouldn't there be interest accrued in 37 years?

Peter N. Munsing
Peter N. Munsing
answered on Sep 13, 2021

You should send a written request, certified return receipt requested.

If you don't get it you have both an administrative and a court remedy.

Best of luck!

3 Answers | Asked in Wrongful Death and Family Law for Oklahoma on
Q: Can we sue brother inlaw for going over our heads and signing a dnr when we didnt want that?

My fiance died last sunday,he has a wife but they been seperated gor about 4ish years she lives in another state. He has 4 kids the oldest bein 18,she graduated. We live in his parents home with me him and the kids,his mom and dad,and a brother his wife and 2 kids. The brother and wife brought... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 17, 2021

You may not but I'm curious why the hospital didn't ask the parents. I'm not sure if that is actionable, especially if medically he was at the point where a dnr was appropriate. But contact a member of the Oklahoma Trial Lawyers Assn-they give free consults.

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3 Answers | Asked in Employment Law, Civil Litigation and Civil Rights for California on
Q: How do I request an exemption?

My employer has switched from voluntary to mandatory vaccination offering religious/medical exemptions.

Peter N. Munsing
Peter N. Munsing
answered on Sep 17, 2021

I agree with the others. I would note that if you are terminated you can collect uemplyment benefits, and if denied can argue it was not wilful misconduct.

As to religious exemption, there are limits. If you can't articulate the religious reason, and the "exemption" is from...
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1 Answer | Asked in Family Law and Juvenile Law for Pennsylvania on
Q: My brother was on the run for year and he had a warrant they sent him to youth center he have court on 24 he is 20
Peter N. Munsing
Peter N. Munsing
answered on Aug 20, 2021

He needs to ask for a public defender.

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