Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Mark Scoblionko
1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: My mother passed away going on two years ago and she left the house to six of us siblings my sister and I Are executive

if one can’t do it The other one step in ,but she has not in rolled our name in city hall ,she was to write our name as owner of the house,should I step in .she move in and didn’t let no one know and change all the lock what should I do.please help me

Mark Scoblionko
Mark Scoblionko answered on Aug 6, 2020

If you and your sister are the Executors, that means that your mom had a Will and that the Will was probated (that means, filed with the Register of Wills). If so, that means that an estate has been opened. Did you not have a lawyer to do that? You certainly should have had a lawyer. Clearly,... Read more »

2 Answers | Asked in Estate Planning for Pennsylvania on
Q: My adult daughter died suddenly without a will in PA. She was disabled, owned nothing & only has a bank account.

How do I proceed to obtain the money in the bank account? It's under $2000.

Mark Scoblionko
Mark Scoblionko answered on Jul 29, 2020

Unfortunately, if your name is not on the account, you will have to open an estate, and, even more unfortunately, it will likely cost you more than $2,000.00, even under the “small estate” procedures.

View More Answers

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Pennsylvania on
Q: Driveway easement

Purchased a home in Pa came back with clean title with no easement for shared driveway the new owner of the house next door came over and told me that it is a shared driveway and I told her no that I own it now she want to file an easement to use my driveway what can I do to stop them from using it

Mark Scoblionko
Mark Scoblionko answered on Jul 16, 2020

This is a problem to be resolved through the title company you used when you bought the house. There are multiple possible answers:

1. Your title company made a mistake;

2. You made a mistake and mis-read your policy;

3. Your neighbor made a mistake;

4. The...
Read more »

View More Answers

1 Answer | Asked in Car Accidents for Pennsylvania on
Q: What if someone hit 3 parked cars with liability insurance and it only covers $5k. How does that get divided?

The lady's insurance company is saying they only cover up to $5000. I just want to know how that works with multiple cars being hit.

Mark Scoblionko
Mark Scoblionko answered on Jul 7, 2020

The proceeds of insurance get prorated among all the people with claims, based on the amounts of the damages to each car. In all likelihood, there would not be enough funds for you to fully cover your claim, and you would then have to resort to your own collision coverage, if available.

1 Answer | Asked in Car Accidents for Pennsylvania on
Q: Live in PA, got in a minor accident 05/03. Received a citation on 6/27. Shouldn’t I have gotten it at the accident?

The cop unfortunately only recorded the other persons part of the story, and seemed to only believe her so I was found at fault (he didn’t witness this crash.) I was given the report at the accident, so why not a citation? Was not told of a citation.

Mark Scoblionko
Mark Scoblionko answered on Jun 27, 2020

Not unusual for a summons to be served later.

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Procedure to settle a residential property line dispute when your property line and house set back from property

My lot size and home location on lot was surveyed after house was completed in 1975. and again 2012 By Separate Firms Both survey indicate house faces north south

Front NE corner is 10' Back from east side of house property line.

Rear S/E Corner of house is 10' 3/4"... Read more »

Mark Scoblionko
Mark Scoblionko answered on Jun 7, 2020

The simplest and first thing to do is to erect a fence along the boundary. If that does not work for some reason, you would have to hire a lawyer and file suit to seek a declaration of the boundary. If you do nothing and the neighbor persists over a period of time, you could lose that property... Read more »

1 Answer | Asked in Estate Planning for Pennsylvania on
Q: with common law marriage and the estate for my mom do all children have to agree that the spouse gets a potion to

my sister and I agree he should . but my brother and younger sister do not. they prefer money over family

so if it comes to it should he get his own attorney?

our attoney my sister and I have didn't tell us about common law marriage. I did the digging and found it now Im... Read more »

Mark Scoblionko
Mark Scoblionko answered on May 19, 2020

All would have to agree or you and your sister would have to make gifts from your shares.

1 Answer | Asked in Estate Planning for Pennsylvania on
Q: my mom recently passed without a will. my step dad and her have been together for 25 years. can he get her estate to?

they walked down the aisle but the lience ran out. does common law stand for them. we have an attorney but he failed to tell us about common law marriage in Pennsylvania. we want him to be include my mom loved him dearly.

is there any information aside from section1103 im missing

thank you

Mark Scoblionko
Mark Scoblionko answered on May 19, 2020

In all probability, the most efficient way to do that would be to distribute the estate to the children and for the children to then gift to your mother’s partner whatever portion of the estate the children wish him to have. There will be a 4.5% inheritance tax on whatever passes to the... Read more »

2 Answers | Asked in Real Estate Law for Pennsylvania on
Q: Can I file an Affidavit of Heirship to receive a property my mom owned; she died with out a will. It is worth 140K.

I am an only child and the property is in Pennsylvania.

Mark Scoblionko
Mark Scoblionko answered on Apr 16, 2020

Unfortunately, this is far more complicated. There is no such thing as an “Affidavit of Heirship.” You need to hire a lawyer to open an estate. If you have siblings or your mom had a husband, they will have to join with you or formally renounce. Ultimately, the lawyer will do a deed from the... Read more »

View More Answers

1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: What are my right's after my mom's death do I have since I lived with her to settle the estate and have to move out

I lost my job because of taking care of her my siblings left me to make all the decisions for her care now they want their inhierentence it's only been a month

Mark Scoblionko
Mark Scoblionko answered on Apr 14, 2020

If there was a Will, the Will controls. If there is no Will, you and your siblings have equal authority and equal responsibilities. You also get equal inheritances. However, you have the right to claim a “family exemption” right off the top because you lived with her. As I recall, that is... Read more »

1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: Is there a time limit on probating a will?

My sons grandfather passed in 2015 and left his home to my son in his will. We've been living here since before he passed with him and continued to live here after. Two guys came walking into my house through the front door last week with the keys to the lock claiming they bought it in a... Read more »

Mark Scoblionko
Mark Scoblionko answered on Apr 14, 2020

Since I just answered your last question and you are now asking if there is a time limit on probating a Will, I will try to read between the lines and fill in the missing pieces.

It sounds like, when grandfather died, you never probated the Will and thus never got a deed from the estate,...
Read more »

3 Answers | Asked in Foreclosure, Real Estate Law and Landlord - Tenant for Pennsylvania on
Q: Question below

My sons grandfather passed in 2015 and left his home to my son in his will. We've been living here since before he passed with him and continued to live here after. Two guys came walking into my house through the front door last week with the keys to the lock claiming they bought it in a... Read more »

Mark Scoblionko
Mark Scoblionko answered on Apr 14, 2020

I agree that you need a “professional opinion,” which means that you should engage a lawyer to look into the situation and give you advice.

From your brief description, it sounds like there may have been a mortgage against the property, unpaid taxes or a judgment that was not paid, any...
Read more »

View More Answers

3 Answers | Asked in Estate Planning and Real Estate Law for Pennsylvania on
Q: What happens once the funds in an estate are not enough to cover the inheritance tax on the realestate?

The house is co-owned by his girlfriend of 20 years and she was named the owner in the will and on the deed. I did not inherit the realestate. I am his son and the executor of his estate. I keep getting conflicting information on what is supposed to happen and I'm getting very confused.... Read more »

Mark Scoblionko
Mark Scoblionko answered on Mar 29, 2020

First of all, if you have not already done so, you need to consult a lawyer to represent the estate.

Inheritance taxes are obligations of the inheritor, not of the estate. Most often, however, a testator writes a Will that shifts that tax burden to the estate. Thus, the first question is...
Read more »

View More Answers

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.

View More Answers

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 »

View More Answers

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.

View More Answers

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.

View More Answers

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 »

View More Answers

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.