Questions Answered by Mark Scoblionko
Q: Two organizers on a real estate LLC and one dies, does #2 own it all? Bradford PA
1 Answer
| Asked
in
Estate Planning and Real Estate Law
for
Pennsylvania
on
Answered on Nov 23, 2018
Answered on Nov 23, 2018
Mark Scoblionko's answer
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 inheritance tax on the value of the LLC that passes to her, and you must provide for that.
You can also review with a lawyer if it makes sense to have the LLC jointly owned between you and her....
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 inheritance tax on the value of the LLC that passes to her, and you must provide for that.
You can also review with a lawyer if it makes sense to have the LLC jointly owned between you and her....
Q: I got in a wreck and I was at fault both cars are totaled what happens if insurance doesn't cover it?
Mark Scoblionko's answer
If you were a properly authorized driver for a car you did not own, the insurance should follow the car and pay the other person’s damages, irrespective of whether you were or were not a named insured. If the owner has collision coverage, that should cover the owner’s damages. If not, that is between you and the owner.
If you were a properly authorized driver for a car you did not own, the insurance should follow the car and pay the other person’s damages, irrespective of whether you were or were not a named insured. If the owner has collision coverage, that should cover the owner’s damages. If not, that is between you and the owner.
Q: Can I get money for pain and suffering in a dog bite case?
Mark Scoblionko's answer
Possibly. It depends on the circumstances of the case, which would have to be reviewed with a lawyer.
Possibly. It depends on the circumstances of the case, which would have to be reviewed with a lawyer.
Q: My son was 17 got a old truck an was in a wreck his fault lady was hurt I have insurance can I be sued over my policy
Mark Scoblionko's answer
If the truck was in your son’s name and he was a licensed driver, I would not expect you, as a parent, to be named in any suit or to have liability potential.
If the truck was in your son’s name and he was a licensed driver, I would not expect you, as a parent, to be named in any suit or to have liability potential.
Q: Property Transfer within the family Help Please, Do we need to get the title company involved?
Mark Scoblionko's answer
From your question, it sounds like this will be a transfer of a business interest, not a real estate transfer. However, you need to involve a lawyer to handle this for you.
From your question, it sounds like this will be a transfer of a business interest, not a real estate transfer. However, you need to involve a lawyer to handle this for you.
Q: My dads father passed away and has a home loan. His dad didn’t make a will nor is my dads father name on his birth
Mark Scoblionko's answer
You would likely have to order DNA testing or have supporting testimony from your dad’s mother, if she is available and willing, or, possibly, supporting testimony from friends or relatives who could establish that the deceased held himself out as your dad’s father. Further, if your grandfather has alaready been buried, he would have to be exhumed. This will be a very expensive process.
You would likely have to order DNA testing or have supporting testimony from your dad’s mother, if she is available and willing, or, possibly, supporting testimony from friends or relatives who could establish that the deceased held himself out as your dad’s father. Further, if your grandfather has alaready been buried, he would have to be exhumed. This will be a very expensive process.
Q: can a power of attorney cancel a lease agreement
Mark Scoblionko's answer
You would need to review the lease and power of attorney with a lawyer, as well as the bases/circumstances of the cancellation, in order to get an answer to this question.
You would need to review the lease and power of attorney with a lawyer, as well as the bases/circumstances of the cancellation, in order to get an answer to this question.
Q: I am a neighbor to a woman here in pa..
Mark Scoblionko's answer
I don't know what your question is. The fact that the daughter holds a Power of Attorney is irrelevant. That would not give the daughter the right to remove those things without her mother's consent.
I don't know what your question is. The fact that the daughter holds a Power of Attorney is irrelevant. That would not give the daughter the right to remove those things without her mother's consent.
Q: will splits property 50/50 with my bro but than sets value of her farm at a low rate gives bro right of 1st refusal
Mark Scoblionko's answer
A lawyer would have to review the Will. If it appears that your mother was trying to benefit your brother by giving him an option to buy at a very low price, she can certainly do that. On the other hand, if there was undue influence or she made a mistake, the Will might be challenged.
There are not enough facts here to answer this question more fully.
A lawyer would have to review the Will. If it appears that your mother was trying to benefit your brother by giving him an option to buy at a very low price, she can certainly do that. On the other hand, if there was undue influence or she made a mistake, the Will might be challenged.
There are not enough facts here to answer this question more fully.
Q: Pennsylvania married couple want too sell their joint owned real estate. Husband has personal judgement against him.
Mark Scoblionko's answer
Your question is not clear. Are you asking if the judgment has to be satisfied before closing or are you asking if the judgment has to be satisfied at all?
It certainly does not need to be satisfied before closing. If it is going to be satisfied, the title company will withhold proceeds from the purchase price and satisfy it.
If the house has always been owned jointly, the title company probably will not regard a judgment against the husband alone as a cloud on title. Under...
Your question is not clear. Are you asking if the judgment has to be satisfied before closing or are you asking if the judgment has to be satisfied at all?
It certainly does not need to be satisfied before closing. If it is going to be satisfied, the title company will withhold proceeds from the purchase price and satisfy it.
If the house has always been owned jointly, the title company probably will not regard a judgment against the husband alone as a cloud on title. Under...
Q: I received a notice that my rent to was increase. Can I end my lease now by not agreeing to the increase?
Mark Scoblionko's answer
A lawyer would have to meet with you and review your current lease to give you an accurate answer to your question.
I suggest that you start by contacting the current landlord to see if it will agree to having you terminate the lease. If not, you would be best advised to consult a lawyer before signing a new lease.
A lawyer would have to meet with you and review your current lease to give you an accurate answer to your question.
I suggest that you start by contacting the current landlord to see if it will agree to having you terminate the lease. If not, you would be best advised to consult a lawyer before signing a new lease.
Q: Hit and run injury - my friend didn't get the license plate, but he saw an UBER sticker on the car - can he sue UBER?
Mark Scoblionko's answer
If the injury is serious enough to warrant suit, a police accident report should be promptly filed. That will enable your friend to make a claim for uninsured motorist benefits under his auto policy, if he has that coverage. He might also be able to assert claims under the auto policies for any family members in his household which contain this coverage.
A lawyer could also sue Uber and send out written questions to learn the identity of the specific driver who struck your friend....
If the injury is serious enough to warrant suit, a police accident report should be promptly filed. That will enable your friend to make a claim for uninsured motorist benefits under his auto policy, if he has that coverage. He might also be able to assert claims under the auto policies for any family members in his household which contain this coverage.
A lawyer could also sue Uber and send out written questions to learn the identity of the specific driver who struck your friend....
Q: Should my deceased brother's name be removed from mother's will?
Mark Scoblionko's answer
Although that is probably correct, to give a definitive answer a lawyer would have to review the Will. However, even if it is correct, if your mother is doing okay, it probably makes sense to re-write the Will.
Although that is probably correct, to give a definitive answer a lawyer would have to review the Will. However, even if it is correct, if your mother is doing okay, it probably makes sense to re-write the Will.
Q: How do we get a copy of the original survey, the house was purchased 35 years ago. Neighbor causing trouble.
Mark Scoblionko's answer
It sounds like you will need a new survey, if a survey is needed. An old survey, performed before the deck was built, will do you no good.
Alternatively, you may be entitled to claim ownership rights based on what is called, "adverse possession," if the deck has been there for more than twenty years. In that event, other than for your own peace of mind, you may not even need a survey. Briefly, if a use is open, obvious and adverse, you can go to court and be declared the owner of...
It sounds like you will need a new survey, if a survey is needed. An old survey, performed before the deck was built, will do you no good.
Alternatively, you may be entitled to claim ownership rights based on what is called, "adverse possession," if the deck has been there for more than twenty years. In that event, other than for your own peace of mind, you may not even need a survey. Briefly, if a use is open, obvious and adverse, you can go to court and be declared the owner of...
Q: Hello, looking to hire a lawyer concerning unique property issue. No easement, but township paved a road through lawn.
2 Answers
| Asked
in
Land Use & Zoning and Real Estate Law
for
Pennsylvania
on
Answered on Jun 26, 2018
Answered on Jun 26, 2018
Mark Scoblionko's answer
The questions you ask can only be addressed after consultation with a lawyer. The lawyer would need to take a history from you, view either the property itself or good pictures, and search the title. Additionally, communication with the township or its counsel would be necessary to try to determine why and on what basis they did what they did.
The questions you ask can only be addressed after consultation with a lawyer. The lawyer would need to take a history from you, view either the property itself or good pictures, and search the title. Additionally, communication with the township or its counsel would be necessary to try to determine why and on what basis they did what they did.
Q: What documents are used to relinquish trusteeship of my deceased mother's trust to my siblings. The trust allows this .
Mark Scoblionko's answer
You need a lawyer to examine the trust instrument and help you. If there is no court order associated with the trust, in all likelihood, you simply need a letter "to whom it may concern," indicating that immediately resign as trustee in favor of your names siblings. You should have your signature on the letter notarized.
You need a lawyer to examine the trust instrument and help you. If there is no court order associated with the trust, in all likelihood, you simply need a letter "to whom it may concern," indicating that immediately resign as trustee in favor of your names siblings. You should have your signature on the letter notarized.
Q: Was a teacher wrong for ignoring my son's injury
Mark Scoblionko's answer
"Negligence" is what the jury says it is.
If this were a matter potentially to be pursued, you and your son would need to meet with a lawyer and discuss the details of the incident fully. However, the school district and its teacher are agents of the state. The state is protected by the Sovereign Immunity law. That law would likely protect the teacher from suit for this type of claim. If your son fell because of a dangerous condition of the premises, he might have a claim against...
"Negligence" is what the jury says it is.
If this were a matter potentially to be pursued, you and your son would need to meet with a lawyer and discuss the details of the incident fully. However, the school district and its teacher are agents of the state. The state is protected by the Sovereign Immunity law. That law would likely protect the teacher from suit for this type of claim. If your son fell because of a dangerous condition of the premises, he might have a claim against...
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
