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Questions Answered by Mark Scoblionko
1 Answer | Asked in Estate Planning for Pennsylvania on
Q: with common law marriage and the estate for my mom do all children have to agree that the spouse gets a potion to

my sister and I agree he should . but my brother and younger sister do not. they prefer money over family

so if it comes to it should he get his own attorney?

our attoney my sister and I have didn't tell us about common law marriage. I did the digging and found it now Im... Read more »

Mark Scoblionko
Mark Scoblionko answered on May 19, 2020

All would have to agree or you and your sister would have to make gifts from your shares.

1 Answer | Asked in Estate Planning for Pennsylvania on
Q: my mom recently passed without a will. my step dad and her have been together for 25 years. can he get her estate to?

they walked down the aisle but the lience ran out. does common law stand for them. we have an attorney but he failed to tell us about common law marriage in Pennsylvania. we want him to be include my mom loved him dearly.

is there any information aside from section1103 im missing

thank you

Mark Scoblionko
Mark Scoblionko answered on May 19, 2020

In all probability, the most efficient way to do that would be to distribute the estate to the children and for the children to then gift to your mother’s partner whatever portion of the estate the children wish him to have. There will be a 4.5% inheritance tax on whatever passes to the... Read more »

2 Answers | Asked in Real Estate Law for Pennsylvania on
Q: Can I file an Affidavit of Heirship to receive a property my mom owned; she died with out a will. It is worth 140K.

I am an only child and the property is in Pennsylvania.

Mark Scoblionko
Mark Scoblionko answered on Apr 16, 2020

Unfortunately, this is far more complicated. There is no such thing as an “Affidavit of Heirship.” You need to hire a lawyer to open an estate. If you have siblings or your mom had a husband, they will have to join with you or formally renounce. Ultimately, the lawyer will do a deed from the... Read more »

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1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: What are my right's after my mom's death do I have since I lived with her to settle the estate and have to move out

I lost my job because of taking care of her my siblings left me to make all the decisions for her care now they want their inhierentence it's only been a month

Mark Scoblionko
Mark Scoblionko answered on Apr 14, 2020

If there was a Will, the Will controls. If there is no Will, you and your siblings have equal authority and equal responsibilities. You also get equal inheritances. However, you have the right to claim a “family exemption” right off the top because you lived with her. As I recall, that is... Read more »

1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: Is there a time limit on probating a will?

My sons grandfather passed in 2015 and left his home to my son in his will. We've been living here since before he passed with him and continued to live here after. Two guys came walking into my house through the front door last week with the keys to the lock claiming they bought it in a... Read more »

Mark Scoblionko
Mark Scoblionko answered on Apr 14, 2020

Since I just answered your last question and you are now asking if there is a time limit on probating a Will, I will try to read between the lines and fill in the missing pieces.

It sounds like, when grandfather died, you never probated the Will and thus never got a deed from the estate,...
Read more »

3 Answers | Asked in Foreclosure, Real Estate Law and Landlord - Tenant for Pennsylvania on
Q: Question below

My sons grandfather passed in 2015 and left his home to my son in his will. We've been living here since before he passed with him and continued to live here after. Two guys came walking into my house through the front door last week with the keys to the lock claiming they bought it in a... Read more »

Mark Scoblionko
Mark Scoblionko answered on Apr 14, 2020

I agree that you need a “professional opinion,” which means that you should engage a lawyer to look into the situation and give you advice.

From your brief description, it sounds like there may have been a mortgage against the property, unpaid taxes or a judgment that was not paid, any...
Read more »

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3 Answers | Asked in Estate Planning and Real Estate Law for Pennsylvania on
Q: What happens once the funds in an estate are not enough to cover the inheritance tax on the realestate?

The house is co-owned by his girlfriend of 20 years and she was named the owner in the will and on the deed. I did not inherit the realestate. I am his son and the executor of his estate. I keep getting conflicting information on what is supposed to happen and I'm getting very confused.... Read more »

Mark Scoblionko
Mark Scoblionko answered on Mar 29, 2020

First of all, if you have not already done so, you need to consult a lawyer to represent the estate.

Inheritance taxes are obligations of the inheritor, not of the estate. Most often, however, a testator writes a Will that shifts that tax burden to the estate. Thus, the first question is...
Read more »

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2 Answers | Asked in Car Accidents for Pennsylvania on
Q: I was severely injured in an auto accident. I had a surgery which helped some. My case was settled. However one of my

doctors was not paid in spite of a doctors lien being signed by myself and my attorney. I am disappointed with my attorney's response which was "I have to pay it." Is there anything I can do to get the attorney to pay the bill?

Mark Scoblionko
Mark Scoblionko answered on Feb 20, 2020

Your attorney is correct that you are responsible for the bill.

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2 Answers | Asked in Real Estate Law for Pennsylvania on
Q: My friend has been living with her boyfriend for 10 years. She wants to have him leave. His name is not on the mortgage

but his name is on the deed. what should she do so she does not lose her house

Mark Scoblionko
Mark Scoblionko answered on Feb 2, 2020

The Mortgage is mostly irrelevant. The question is whose name or names is/are on the deed. If his name is on the deed, he has every right to stay. She could buy him out, if they can agree on a price, and then ask him to leave. If his name is not on the deed, she can have him leave.

If,...
Read more »

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1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Pennsylvania on
Q: My fathers house is in his will, he has had a stroke and may have to sell his house. What does that mean for the will?
Mark Scoblionko
Mark Scoblionko answered on Jan 29, 2020

A lawyer would have to review the Will. Generally, if the bequest is specifically limited to the house, since the house would no longer be part of the estate, the bequest becomes meaningless. If, however, the bequest is meant to include the proceeds of sale (which would be unusual), the recipient... Read more »

2 Answers | Asked in Estate Planning for Pennsylvania on
Q: The estate attorney I chose is doing little to move forward with settling the estate, its almost two years and <$75,000.

He has cash in escrow, debtors to pay and a property to sell or settle with beneficiaries.

Mark Scoblionko
Mark Scoblionko answered on Jan 24, 2020

I am not sure what your question is. If you are dissatisfied, you can make an appointment with another lawyer for a second opinion.

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2 Answers | Asked in Estate Planning for Pennsylvania on
Q: We live in Pa. My ex husband passed away. He had me named as his beneficiary on his life insurance policy.

he never changed the beneficiary. Am I still the beneficiary?

Mark Scoblionko
Mark Scoblionko answered on Jan 21, 2020

If your facts are correct, you are the beneficiary.

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1 Answer | Asked in Consumer Law, Real Estate Law and Land Use & Zoning for Pennsylvania on
Q: We recently purchased a new home. We asked our neighbors about installing a fence on the property line and ....

They all gave us the go ahead. We checked the Lebanon County, PA rules and there were none. We had a company come out and start to install our fence (vinyl 6ft high) to be served with a cease and desist from developers who sold the land to the builder. The builder didn’t disclose the deed... Read more »

Mark Scoblionko
Mark Scoblionko answered on Jan 18, 2020

This, among other reasons, is why people should have lawyers when they buy houses. A competent lawyer would have asked the title company for copies of the restrictions, and you would have then known what they were. However, you may have a legitimate beef with your title company for not providing... Read more »

3 Answers | Asked in Real Estate Law and Tax Law for Pennsylvania on
Q: My deceased husband inherited property in Green County, PA. I think I am the heir. Would I be liable for any debts?

I do not how to proceed. The property is 300+ acres.

Mark Scoblionko
Mark Scoblionko answered on Jan 17, 2020

If you are not on the deed, you would need to open an estate in order to dispose of the property, whether to you or anyone else. If there are debts, the debts are now obligations of the estate. They would need to be paid, irrespective of whether you are or are not personally responsible for them,... Read more »

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1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: My name is the one on the mortgage but I had put my now ex-fiance on the deed. Now we're seperated but he won't leave

I have decided to end our engagement because he has been verbally, mentally and emotionally abusive towards me and my children. He is telling me that I either have to give him money, or that we have to sell the house and split the profits, but we've only owned it for a year and 4 months and... Read more »

Mark Scoblionko
Mark Scoblionko answered on Dec 31, 2019

You need to consult a lawyer.

2 Answers | Asked in Real Estate Law and Tax Law for Pennsylvania on
Q: My grandfather and I have jointly owned a property in PA for the last 2 year he just passed away will I owe taxes..

My grandfather and I have jointly owned a property in PA for the last 2 years. He passed away this year and the

property transferred solely in my name. Is there any kind of tax I will have to pay when I sell it. The land was purchased for 18k and we rebuilt the property form the ground up.... Read more »

Mark Scoblionko
Mark Scoblionko answered on Dec 27, 2019

There will be a 4.5 % inheritance tax on the half that your father owned, and which passed to you. There will also be a capital gains income tax on the sale, which is measured on the gain over “basis.” “Basis” is, essentially, your cost of acquisition plus costs of documented... Read more »

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1 Answer | Asked in Car Accidents for Pennsylvania on
Q: I was involved in an Auto accident on Friday, December 20, 2019 which was my fault. I didn't see a stop sign and went

through it. I was struck on the driver's side front bumper. I have a Property Damage Limit of only $5,000.00 and according to my Insurance Company and the pictures he saw of his vehicle it is going to exceed $5,000.00 which I know I will be responsible for. How will they get the rest of the... Read more »

Mark Scoblionko
Mark Scoblionko answered on Dec 23, 2019

There is no wage garnishment in Pennsylvania for this type of thing. Your insurance company should try to settle the entire case for the limits of your coverage in order to protect you. If they can't, they owe you a duty of defense and would have to hire a lawyer to defend you. The lawyer... 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 »

Mark Scoblionko
Mark Scoblionko answered on Dec 14, 2019

Unless the state of PA would claim the personal articles, they would potentially pass to you and your sister. In order to get the remaining articles or the ones that were that were improperly taken, however, you would have to open an estate, and the estate would then have to sue. It would... Read more »

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2 Answers | Asked in Estate Planning and Real Estate Law for Pennsylvania on
Q: If someone dies without a will and owned a house with two of her children will grandchild by a 3d deceased child inherit

House is in Pa. No will can be found. House Owned jointly by deceased and two surviving children. Third child died many years ago, never on the deed. Do the deceased daughter's children inherit anything?

Mark Scoblionko
Mark Scoblionko answered on Dec 12, 2019

No.

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7 Answers | Asked in Workers' Compensation, Employment Law and Personal Injury for Pennsylvania on
Q: Does liability insurance coverage, cover wage compensation or just medical?

I slipped and hit my head at my place of employment but was not on the clock. ER diagnosed me with a concussion and whiplash. I've been off work since Nov. 8th. My employer said her insurance doesnt cover missed wages.

Mark Scoblionko
Mark Scoblionko answered on Dec 5, 2019

You should consult a worker's compensation lawyer to see if you have a worker's compensation claim even though you were not on the clock. Secondly, if you fell because of the employer's negligence, the employer's liability insurance would potentially be responsible for lost... Read more »

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