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Questions Answered by Mark Scoblionko
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 there... 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 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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