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Questions Answered by Mark Scoblionko
2 Answers | Asked in Estate Planning and Family Law 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 earnings. However, you... Read more »

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2 Answers | Asked in Estate Planning and Real Estate Law for Pennsylvania on
Q: my husband parents are deceased since 2006 how can we get the deed changed in my husband name no mortgage on home?

any resources to find an affordable estate lawyer in Pittsburgh, PA

Mark Scoblionko
Mark Scoblionko answered on Dec 1, 2019

If his parents owned the property together, it would have passed to the survivor after the first to die. An estate would have to be opened for the second parent to die so that the property could then be distributed. If your husband had siblings who were living at the time of the passing of the... Read more »

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2 Answers | Asked in Foreclosure, Real Estate Law, Civil Litigation and Landlord - Tenant for Pennsylvania on
Q: Do I have to give defendants in a civil action a 20 day notice of a subpoena to produce documents?

I am the plaintiff in a ejectment action. I served , by certified mail, a subpoena to my tenants ( Defendants ) to produce documents. Their Attorney filed a motion to quash subpoena because I didn’t give them 20 day notice.

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Mark Scoblionko
Mark Scoblionko answered on Nov 28, 2019

A subpoena would ordinarily be used to require a non-party to appear for a deposition or produce documents. It is not used to request another party to appear or produce documents. Your lawyer can serve the defendants with a Request for Production or a Notice of Deposition, as the case may be.... Read more »

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3 Answers | Asked in Car Accidents and Personal Injury for Pennsylvania on
Q: Would it be considered negligent for a vehicle inspector to not catch worn break lines and nonfunctional emergency brake

I had my vehicle inspected and days later my brakes gave out and the emergency brakes did not work either. This resulted in my spouse crashing the vehicle and sustaining some serious injuries.

Mark Scoblionko
Mark Scoblionko answered on Nov 27, 2019

It very well could be. However, you would need an independent expert to offer an opinion that these conditions existed at the time of the inspection, were within the scope of work undertaken by the initial inspector, and ought to have been discovered.

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2 Answers | Asked in Land Use & Zoning and Real Estate Law for Pennsylvania on
Q: I live in a school zone, directly across from a primary school. It is becoming a problem with people parking in my

Driveway. It’s fine if they are there 3-5 minutes, but I have a consistent woman who parks, leaves her car running and blocks the entire driveway for upwards of 10+ minutes. Even when there are spaces to park away from the driveway and no one is blocking her in; she chooses to block my driveway.... Read more »

Mark Scoblionko
Mark Scoblionko answered on Nov 20, 2019

Call the police and have them ticket her.

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2 Answers | Asked in Estate Planning for Pennsylvania on
Q: G-mom passed & left a bank account naming my dad as 20% beneficiary. My dad predeceased what happens to his share?
Mark Scoblionko
Mark Scoblionko answered on Nov 12, 2019

Your question cannot be answered without having a lawyer look at the relevant paperwork. However, I will give you a conditional answer, based on several scenarios:

If the bank account was a joint account, and if your father died before your grandmother, his interest in the account would...
Read more »

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2 Answers | Asked in Estate Planning for Pennsylvania on
Q: My daughters father passed away in Jan, we were not together. His will was excuated prior to her being 18.

His girlfriend was excuator and my daughter received nothing not even any personal belongings. Can this happen?

Mark Scoblionko
Mark Scoblionko answered on Nov 11, 2019

No one other than a spouse is, by law, granted rights in an estate. Therefore, in answer to your question, yes, it can happen. If the dad wrote a Will in which the daughter was excluded, that Will is enforceable.

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3 Answers | Asked in Estate Planning for Pennsylvania on
Q: I have a revocable trust drawn up in FL where I live. I have property in Pennsylvania I would like put in the trust

Does the PA lawyer need to see the whole trust? Can I just do a quit claim?

Mark Scoblionko
Mark Scoblionko answered on Nov 7, 2019

The PA lawyer should see the entire trust so that you can be properly advised. In all likelihood, you can just do a quit-claim deed to the trust. However, you need to speak to a lawyer first.

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2 Answers | Asked in Estate Planning for Pennsylvania on
Q: My Brother and I previously acquired our family cabin for $1. No deed survivor clause, but how can my sons get it?

I want to ensure my 2 sons eventually acquire the cabin and acreage. Although I have a basic Will noting my sons are to receive my 1/2 ownership, can my Brother do the same to ensure his ownership doesn't go into probate to his wife and subsequently leave the original family, or is there something... Read more »

Mark Scoblionko
Mark Scoblionko answered on Nov 6, 2019

If your deed did not convey to the two of you as joint tenants with rights of survivorship, you each own half as tenants in common. That means that each of you can pass your respective interests by Will. However, in Pennsylvania, as in most other states, a spouse is protected by being entitled to... Read more »

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2 Answers | Asked in Real Estate Law for Pennsylvania on
Q: A home was purchased in Sally's name. Sally died last year. Sally's husband did not transfer the deed to his name

He died recently. How should the sale of the property be handled? (I am the executor of the spouse that died recently)

Mark Scoblionko
Mark Scoblionko answered on Oct 29, 2019

An estate must be opened for Sally. The Executor/Administrator of her estate would sell the property, if there was no Will that specifically left the property to the husband. The proceeds of the sale would then pass according to her Will, if there was one, or under the PA Intestate Act, if there... Read more »

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1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: I owned my house before I married my husband. We mortgaged the home both names are on the loan..

We are still married but separated. I want to sell the home to my granddaughter but he said because his name is on the loan he will not move out until it is removed. Does he have the right to do this since the title is in my name.

Mark Scoblionko
Mark Scoblionko answered on Oct 9, 2019

Your husband does not have the right to remain in the home if you are the sole owner. However, if both of you are paying towards the loan, a most important question, which you did not address in your fact summary, if you force him out of the house, he will stop his payments on the loan. Unless... Read more »

1 Answer | Asked in Personal Injury for Pennsylvania on
Q: I received a writ of summons in Pennsylvania and it says jury trial demanded. What does that mean?
Mark Scoblionko
Mark Scoblionko answered on Sep 28, 2019

It means that you have been sued and that the person suing you has asked for a trial by jury. You should contact a lawyer to represent you.

3 Answers | Asked in Estate Planning for Pennsylvania on
Q: In Pennsylvania, does property in a trust that is held for a specific person automatic pass to that person upon death?

It is stated in the trust that the property passes to a named beneficiary. Does title immediately pass upon death, similar to how it would in a will?

Mark Scoblionko
Mark Scoblionko answered on Sep 25, 2019

You need to consult with a lawyer. However, if I understand you correctly, the right to receive title, but not the title, occurs as a result of the death, as it would in a Will. Title, however, does not pass until a deed is prepared, executed and recorded, as with a Will. Until a new deed is... Read more »

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1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Can PPL be forced to move power lines that cut across middle of my front yard?
Mark Scoblionko
Mark Scoblionko answered on Sep 19, 2019

You need to engage a lawyer to review your deed and any documentation that forms the basis for the PPL easement.

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: I have a question regarding easement use across my property by my neighbors.

My property has a narrow alleyway beside my house, which leads from the back of my neighbor's house to the street I live on. Their home and front door are on a street parallel to mine. Their deed states they have use of the alley; my deed does not. I didn't see their deed prior to purchasing my... Read more »

Mark Scoblionko
Mark Scoblionko answered on Sep 16, 2019

The only way that your neighbor could have gotten an easement would be by way of a deed of easement from a prior owner of your property. That likely would not be shown specifically in the deed that you got. However, if you purchased title insurance when you bought your property, it would be... Read more »

2 Answers | Asked in Real Estate Law for Pennsylvania on
Q: If my name is on the deed and not on the mortgage and I financially responsible for the property

Property is deeded tenants in common with rights of survivorship

Mark Scoblionko
Mark Scoblionko answered on Sep 16, 2019

First of all, it can’t be “tenants in common with rights of survivorship.” It can be “joint tenants with rights of survivorship” or “tenants in common without rights of survivorship.”

Second, financial responsibility is determined by whoever signed the Note, not the...
Read more »

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2 Answers | Asked in Real Estate Law for Pennsylvania on
Q: I purchased my boyfriends grandmothers home from her estate using money from my retirement savings plan.

We put the house in his name for tax reasons. The plan was to add my name to the deed. We broke up and now he has the house. Is there anything I can do?

Mark Scoblionko
Mark Scoblionko answered on Aug 24, 2019

I agree that you are going to have to consult a lawyer and file suit. There is case law that says that a court will order that you be repaid for your investment if your version of the facts is accepted.

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1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Have a question about adverse possession in Pennsylvania.

Our neighbor is insisting that we are on their property line, however we have been maintaining this section of the yard (about a 4-foot section) for the past 17 years. Are we eligible for adverse possession? It was per a good faith mistake, we have actual possession of the land, we've had open and... Read more »

Mark Scoblionko
Mark Scoblionko answered on Aug 17, 2019

Adverse possession requires a minimum of twenty consecutive years. That twenty years may be accumulated between a current owner and a prior owner.

Based on your information, unless you can establish possession and control by your prior owner, you are out of luck.

Secondly, you...
Read more »

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