Questions Answered by Mark Scoblionko
Q: I have a considerable amount of trees along my neighbors border. He is ignorant, selfish and abusive. When my trees fall
down the wind direction usually blows the trees towards and onto his property. He takes this opportunity to threaten
and harrass me as I go about cleaning them up. These are not border trees, these are trees that grow from well within
my property. Can I drag the part that lays over... Read more »
You are obligated to remove everything. If he won’t let you enter his property, you will have to remove the trees by pulling them from your side.
Further, if the falling trees cause damage to his property, since you are already on notice, it will likely be your problem.
Q: Who bears responsibility for a drunk partygoer if they should have an accident? Establishment or party host?
The party is being held at a bar but I am paying for the drinks. Professional staff in place to cut off drinkers who appear under the influence.
If a party is held at a licensed establishment and someone is served alcohol “while in a visibly intoxicated condition,” the establishment is potentially liable under Pennsylvania’s “Dram Shop” law.
Q: Landlord wants lease with due dates 2 months in advance--July 1 for Sept., August 1 for October, etc. Is this legal?
It sounds like he has payment concerns.
If it is mutually agreed to, there is nothing illegal about it.
Q: How do I revoke my revocable PA trust, which contains bank accounts and properties in PA and CA? I am the only settlor
If the trust is revocable, you can do a letter to the trustee revoking the trust. If you are the trustee, it would be a letter to yourself, as trustee. The fact that you were the settlor is irrelevant.
You would then change the bank accounts and have to have deeds prepared for the... Read more »
Q: Mom has debts(she's deceased) but I don't want to sell her land it's the only thing she left me.
Is there any way around it besides taking on her debt myself?
I grew up in foster care this is one of the very few good things (besides the debt) she did for me.
If the real estate is in just her name, you will have to open an estate, presumably with the help of a lawyer. If there are debts, they will have to be paid before the estate could convey the real estate to you. Additionally, there will be an inheritance tax of 4.5% on the value of the land, and... Read more »
Q: I moved back with my parents 17 years ago can I be forced out by my brothers when both parents gave died?
I have done all the yard maintenance and routine maintenance on the house.
I’ve paid all real estate taxes for those years. Totaling almost $4000.00 per year.
I was the care giver for both my parents when they couldn’t do daily functions
Mom died 28 months ago and dad... Read more »
If your father did not have a Will which left the house to you, the house goes into the estate. The house would then be sold and the proceeds divided among you and the other siblings. You have no choice about that.
If you hire a lawyer, you might be able to assert a claim against the... Read more »
Q: Hi, actually my parked car got hit and I got the accident report from the officer and it’s shown the person who’s hit my
Car that he has insurance. After I contact his insurance and reported a claim they told the person who’s hit my car his insurance was canceled since last December. My insurance is lability and dose not cover my car. In this situation what i have to do? Was that officer fault? Also, I asked his... Read more »
Unfortunately, you are going to be stuck.
You can sue the driver who hit you, but it is probable that any lawyer who would take the case will charge you on an hourly basis, which will cost several thousand dollars. Further, if you win against the other driver, if he has no insurance, he is... Read more »
Q: If I own a parcel of ground with 2 other people can I sign a lease agreement on the ground without one of the parties.
The lease was existing on ground but now up for renewal
Not unless you have a Power of Attorney that authorizes you to sign for the other person.
Q: Re. PA real estate, joint tenancy with the right of survivorship, or simply joint tenancy:
When my sister refinanced her condominium in Mont Clare, PA, she added her boyfriend to the title. Wording as follows (quoting the format exactly but using pseudo names for privacy): Owner Name(s): “Doe Jane & Smith John.” The mortgage company told her this wording means that the type of... Read more »
If the deed does not specify that it is to be a joint tenancy with right of survivorship, the property is owned a a tenancy in common. Under those circumstances, the boyfriend can bequeath his half interest by Will or can convey it during lifetime.
Q: 1) Three names on the house deed. Are we all equal owners ? 2) Can "two out of three" agree to sell the house ?
1. If the deed does not specify otherwise, yes.
2. No.
Q: How do I find out if my Pennsylvania dentist ever had any malpractice cases against him?
You would have to check the indices of the Prothonotary/Clerk of Courts/Clerk of Judicial Records for the County where the dentist is located. Since you are not a lawyer and would not have access to the electronic records, you would probably have to go to the office personally and request... Read more »
Q: My mother and girlfriend own a house together. I slipped on ice and broke me ankle requiring surgery. Can I sue
Can I sue their home owners insurance without effecting them personally?
Yes, you can sue. However, you need to meet with a lawyer to evaluate the case to determine if the case would have merit.
Q: My General Durable POA and my Living Will Declaration show my spouse as my attorney-in-fact/surrogate; secondary is my
eldest son. I would like to add a clause that if my neither my spouse nor my eldest son are unable or unwilling that the responsibility would go to my youngest son. Can I just add an addendum myself to the document or do I have to have all new documents drawn up? I live in Pennsylvania. Thank you.
You will require new documents.
Q: How does an estate administrator, not represented by an attorney, have a deed transferred to their name?
What needs to be done at the county court level in order to do this oneself, without a representing attorney?
“Oneself” would be best advised to get a lawyer. It requires a special type of deed to convey property from an Administrator/Executor to a third party.
Q: How do I have a deed put into the estate's name, in order to sell it and have it transferred to the buyer?
Property does not get put into the estate’s name in order to be sold. It is simply conveyed by a deed from the Executor/Administrator to the purchasing party. However, a deed like that is a special deed and must be prepared by the lawyer representing the estate.
Q: My brother and I purchased our family's cabin and acreage years ago. Can his wife take over ownership if he were to die?
We purchased the property from our grandparents prior to their passing long before either of us were married. Previously, my brother was advised that in the event of divorce his wife would not be able to acquire ownership as it was property he held prior to marriage, and she has contributed... Read more »
You would need a lawyer to review your deed and advise you.
As a general principle, if your deed says that you own the property as joint tenants with right of survivorship, if one dies, the property passes automatically to the other deed holder. On the other hand, if the deed says... Read more »
Q: I am a sole heir administering an estate with no will. Do I need to transfer a home into my name before selling it?
The home was not the primary residence of the deceased. Can the title be transferred from the deceased person's name to the buyer, without it being transferred first to my name. All debts from the estate are paid.
You need not transfer real estate to your name, personally, before selling, as Administrator/Administrtrix, to a third party.
Q: My home is paid in full. My husband and I married 33 years ago, but after purchase. How do I add him to deed?
You have a lawyer prepare a deed from you and “John Doe, her husband,” to the two of you, husband and wife, as tenants by the entireties. Because you are married, there is no transfer tax.
The conveyance will be under and subject to any mortgages or other liens of record.
Q: How do you transfer a real estate deed to a court appointed administrator when the deceased did not have a will in PA?
My 18 year old daughter is the court appointment administratrix of her grandfathers estate. He died intestate. She is the only living relative besides step-children who we were told are not entitled to his estate.
Our lawyer is telling us we need to get homeowners insurance on the home... Read more »
You don’t transfer property to the administratrix. Rather, if the property is to be sold, the administratrix becomes the seller and executes a deed to the new buyer.
What you have described about insurance is a typical problem. Usually, the homeowner’s insurance company will allow you... Read more »
Q: Two organizers on a real estate LLC and one dies, does #2 own it all? Bradford PA
I am about the organize a real estate LLC and would like to pass the properties to my niece upon my death - if I ask her be an organizer will she own the properties upon my death?
You need to review this with a lawyer. However, if you write a Will and leave your interest in the LLC to her and, at the same time, insert a provision in your Operating Agreement to express that that is your intent, you should be able to accomplish this.
Remember that there will be an... Read more »
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