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Questions Answered by Mark Scoblionko
2 Answers | Asked in Estate Planning and Probate for Pennsylvania on
Q: In PA is a beneficiary entitled to gifts from a decedent's will if the beneficiary dies before probate is finalized?

A beneficiary was named in a Pennsylvania will. The will went to probate in PA courts, but the beneficary died before the probate and any gifts were distributed. It had been over 1 year and 6 mts since Probate started. The executor is stating that the beneficary will not receive the gifts... View More

Mark Scoblionko
Mark Scoblionko
answered on Jul 22, 2023

The timing of probate would not be relevant unless there is something in the Will that would make it relevant. If the beneficiary was living at the time of death of the Testator and survived for any survival period required by the Will, the beneficiary would be entitled to the bequest. If the... View More

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Pennsylvania on
Q: Want to block our driveway from neighbors using it cause we found out there is no right of way or easement.

How can we do this legally or can we just barricade it

Mark Scoblionko
Mark Scoblionko
answered on Jul 26, 2023

This is a complicated question, which needs to be reviewed with a lawyer. There are many missing facts.

1 Answer | Asked in Estate Planning for Pennsylvania on
Q: In Pennsylvania do heirs receive inher. of a will if a bene. dies after the testator but before receiving their inher.?

I submitted this question earlier and received two different answers from two different lawyers. One said, Yes, if the beneficiary died after the person in the origional will died. (Which is the case). The first person's will went to probate, is still in process after 1 1/2 years and no... View More

Mark Scoblionko
Mark Scoblionko
answered on Jul 22, 2023

Please reference my original answer, which I believe to be correct. The presence or absence of a reference to per stripes is relevant only if the beneficiary died before the Testator, which, in this case, he/she did not.

Thus, as I said originally, based on the facts you presented, the...
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1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: How do I as the heir of my Dad claim property for our Aunt who's estate he was executor of?

My dad was executor of my great Aunts estate. He passed away about a year after her. I was looking on unclaimed property for PA and came across something for my Aunt. I was my father's only child and he was never married so beings that I am the surviving heir, how would I go about claiming the... View More

Mark Scoblionko
Mark Scoblionko
answered on Jun 2, 2023

Someone, probably you, if you are your aunt’s sole heir, would have to be appointed as a “successor executor” of her estate. The correct title is actually “Administrator dbncta,” but it is just a successor. In that capacity the successor would file a claim for unclaimed property.

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: My boyfriend and I are on the Deed to our home as Tenants In Common. Is it legal for each of us to have family member(s

) live in the home also?

Mark Scoblionko
Mark Scoblionko
answered on Jan 16, 2023

Sure, so long as you both agree and you annd your boyfriend are the sole owners of the property.

1 Answer | Asked in Contracts, Civil Rights and Insurance Bad Faith for Pennsylvania on
Q: Where is State Court In Pennsylvania?

I’m trying to learn about Jurisdiction and Venue . If you could help me that would be great. Thank you

Mark Scoblionko
Mark Scoblionko
answered on Jul 25, 2022

State courts in Pennsylvania are located in the county seat of a county.

“Jurisdiction” pertains to the power of a particular court to exercise control over a particular defendant. Ordinarily, the first question is whether a defendant resides in the same county where suit has been...
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1 Answer | Asked in Estate Planning, Family Law and Tax Law for Pennsylvania on
Q: If there is unclaimed death benefits from my grandparents who died 28 years ago is it hard to claim

I am the only child of their only child and they have no siblings left alive. My father who was their only child died 20 years ago. They had no will.

Mark Scoblionko
Mark Scoblionko
answered on May 19, 2022

Your question is not specific enough to answer. What are “death benefits?” Is this life insurance, real estate, etc.?

As a general proposition, a portion of estate assets would ordinarily go from one grandparent to the other and a portion would have gone to your dad, unless your...
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1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: The will states "half to be distrib to those as if she was intestate and unmarried". Had no kids. What does this mean ?

She was married and did die intestate in PA. Her husband inherited her very small estate. The question asked appears in her deceased husbands will. How would this be distributed ? She was from the Philippines. No children. Would half her husbands estate be distributed to her family ? Or since her... View More

Mark Scoblionko
Mark Scoblionko
answered on Mar 13, 2022

A lawyer would need to review the Will in its entirety. On the basis of what you have quoted, the Will might be referring to distribution of half of his estate in accordance with the Pennsylvania intestacy laws, i.e., to her family, or the equivalent of half of what was her estate in accordance... View More

3 Answers | Asked in Estate Planning for Pennsylvania on
Q: My grandfather died without a will. My mother is deceased. can his 4 granddaughters all be executors of his estate?

We are told there can only be 2 executors. The 4 of us want to co-execute his assets so that they are handled properly and fairly. Please advise.

Mark Scoblionko
Mark Scoblionko
answered on Jan 21, 2022

Where there is no Will, the fiduciaries are “Administrators.” “Executors”

exist only where there is a Will. As a practical matter, there is no difference between “Administrators” and “Executors.”

If your grandfather had other children who are living, they would...
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1 Answer | Asked in Contracts and Real Estate Law for Pennsylvania on
Q: I listed my home for sale, signed an agreement and now am having second thoughts. Can I back out?

The buyer is an investor and is paying cash.

Mark Scoblionko
Mark Scoblionko
answered on Jan 19, 2022

You would have to meet with a lawyer so that the lawyer can review your agreement and discuss the facts of the transaction with you.

2 Answers | Asked in Car Accidents for Pennsylvania on
Q: I was in a hit by a car while walkikng, the driver fled. my car insurance stoped paying med bills.

I recieved a letter from car insurance saying they closed my claim. I am still under doctor care. I dont understand why my uninsured/underinsured doesnt cover.

Mark Scoblionko
Mark Scoblionko
answered on Jan 6, 2022

Your medical bills would be covered first by the medical coverage under your automobile policy, and thereafter by your health insurance. You may have exhausted your medical benefits under your auto policy. If so, your medical provider will need a copy of that exhaustion letter.

An...
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Pennsylvania on
Q: Pennsylvania. Is this the wording of an easement?

Excepting and reserving therefrom all that certain piece or parcel of land set forth in a deed from the grantors herein to John smith which premises are a portion of within described premises and are described in a map referenced in the deed from Mr Jones to John Smith

Mark Scoblionko
Mark Scoblionko
answered on Sep 20, 2021

No, it is not an easement.

The original parcel contained some land which was conveyed to John Smith. The deed that you are asking about conveyed everything else except for the part conveyed to John Smith.

Rather than have the land re-surveyed and new legal descriptions prepared,...
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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Pennsylvania on
Q: I rent and the tenants above me have been smoking indoors. The smoke odor is coming in to my apartment through the vents

I have reached out multiple times to the leasing office, but they have not helped. It's becoming unlivable for me - giving me a constant headache - and the smell is seeping into my furniture and clothes. What can I do?

Mark Scoblionko
Mark Scoblionko
answered on Jul 15, 2021

Your best bet is probably to move at the end of your lease. If your lease goes for an extended period, see if the landlord will allow you to leave early without a penalty.

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1 Answer | Asked in Estate Planning for Pennsylvania on
Q: My husband recently passed away, we have a will and a trust of which I am beneficary but I never put my name on deed.

Do I have to probate the will, and how do I transfer the deed to myself? Thank You, Anne Marie Ball

Mark Scoblionko
Mark Scoblionko
answered on Jul 9, 2021

You need to contact a lawyer to help you. In short, the Will needs to be probated and an estate opened. You, as Executrix, would then execute a deed, unless the property is already in the Trust. As indicated, you need to meet with a lawyer to review everything.

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Municipal Law for Pennsylvania on
Q: My father has property in Puerto Rico that is under both his name and my mother, it is also registered as a church.

My father and mother can no longer taker care of it and want to transfer the deed to my siblings and self, can this be done if they are still living? We are looking to sell this property after transfer of deed. Will we encounter any other legal issues with this?

Mark Scoblionko
Mark Scoblionko
answered on May 26, 2021

They can certainly transfer the property to family members. If they can’t care for themselves, a Power of Attorney would probably be advised so that you and siblings could act directly on their behalf.

You should engage a lawyer in Puerto Rico familiar with real estate and estate...
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2 Answers | Asked in Estate Planning and Foreclosure for Pennsylvania on
Q: I was in a bad relationship and had to leave my home. I own the house in Dallas Texas and live in Somerset PA.

How can I sell the house I was forced to leave in Dallas, Texas and /or get my x, who is still living in the house, to sign a rental contract so I am not forced to pay the mortgage for the house? He claims there is already a tenant / landlord contract signed. I don't remember signing one.... View More

Mark Scoblionko
Mark Scoblionko
answered on May 10, 2021

Although you need to speak with a Texas lawyer, as a general proposition, if you are the sole person on the deed, you have the right to sell it. However, if there is, in fact, a written lease, any sale would have to honor the terms of that lease. Therefore, as a practical matter, you better find... View More

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5 Answers | Asked in Real Estate Law, Probate and Estate Planning for Pennsylvania on
Q: My father in law died in Oct. He owned a home had a life insurance policy and a union pension. No will help?

My father in law died in Oct. He owned a home had a life insurance policy and a union pension. He had no will in PA. We are having trouble getting information about the policy, deed for the home, actually ever thing we try is an issue we only have a death certificate. Need probate I believe but not... View More

Mark Scoblionko
Mark Scoblionko
answered on Feb 6, 2021

You need to engage a lawyer and open an estate.

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1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Co-borrower on mortgage died without a will. As the remaining borrower I am responsible for the mortgage. Do I have the

Right to sell the property immediately?

Mark Scoblionko
Mark Scoblionko
answered on Feb 3, 2021

The first question is whether you are a "joint tenant" on the deed, that has a right of survivorship. If so, the property would pass to you, and you would be able to sell it. However, unless you were married to the deceased, there will be inheritance tax due, and you will need to plan... View More

2 Answers | Asked in Estate Planning and Probate for Pennsylvania on
Q: My father is in the hospital and not expected to survive. Someone is living on his property and I'll need them to leave.

My father is unresponsive and deteriorating. This was unexpected and he doesn't have a will. My parents are divorced and I am the oldest of his 2 adult children. He owns a trailer in a mobile home park and a former girlfriend is living there. My father was living there originally but got an... View More

Mark Scoblionko
Mark Scoblionko
answered on Dec 29, 2020

You will have to hire a lawyer and open an estate. Either all of the siblings must serve as co-administrators or the other siblings can sign a renunciation form so that you can serve as the sole administratrix.

If the lot is rented to your father, even though she pays the rent, once the...
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