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Questions Answered by Mark Scoblionko
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... Read 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... Read 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.... Read 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... Read 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... Read 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... Read 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... Read 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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3 Answers | Asked in Estate Planning for Pennsylvania on
Q: My dad wants to give his house to my sister before he dies. Will this effect his estate after death?

If he transfer deed now. Will he need to redo his will, which states his estate is shared among his seven children?

Mark Scoblionko
Mark Scoblionko
answered on Oct 30, 2020

If he wants the other six children to be compensated for what would have been their shares of th equity in the house, he will need to redo his Will.

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1 Answer | Asked in Banking and Real Estate Law for Pennsylvania on
Q: Found out a judgement was filed in 2003 against my husband house by Sherman acquition limited for Sears Roebuck company

Is there a statue of limitations all info is old can I get it off my lien

Mark Scoblionko
Mark Scoblionko
answered on Oct 26, 2020

In Pennsylvania a judgment lasts forever until it is paid. However, it constitutes a lien only for five years, unless it is renewed. Thus, if this judgment was not renewed, the judgment remains, but it does not constitute a lien unless and until it were to be renewed.

1 Answer | Asked in Civil Litigation and Real Estate Law for Pennsylvania on
Q: My elderly parents are in a volatile situation. They entered into an occupancy agreement that involves a substantial

amount of money to be paid back to them. We plan on moving them out within a few days to a better place. There is an occupancy agreement involved. The agreement states that they need to notify the owner of their plans on moving. And owner will have to pay them back within a year from the notice... Read more »

Mark Scoblionko
Mark Scoblionko
answered on Aug 22, 2020

You should consult with a lawyer, who would undoubtedly want to review the occupancy agreement.

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.

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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...
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