Questions Answered by Mark Scoblionko
Q: Re. PA real estate, joint tenancy with the right of survivorship, or simply joint tenancy:
Mark Scoblionko's answer
If the deed does not specify that it is to be a joint tenancy with right of survivorship, the property is owned a a tenancy in common. Under those circumstances, the boyfriend can bequeath his half interest by Will or can convey it during lifetime.
If the deed does not specify that it is to be a joint tenancy with right of survivorship, the property is owned a a tenancy in common. Under those circumstances, the boyfriend can bequeath his half interest by Will or can convey it during lifetime.
Q: How do I find out if my Pennsylvania dentist ever had any malpractice cases against him?
2 Answers
| Asked
in
Personal Injury, Medical Malpractice and Wrongful Death
for
Pennsylvania
on
Answered on Feb 21, 2019
Answered on Feb 21, 2019
Mark Scoblionko's answer
You would have to check the indices of the Prothonotary/Clerk of Courts/Clerk of Judicial Records for the County where the dentist is located. Since you are not a lawyer and would not have access to the electronic records, you would probably have to go to the office personally and request assistance to do the search.
You would have to check the indices of the Prothonotary/Clerk of Courts/Clerk of Judicial Records for the County where the dentist is located. Since you are not a lawyer and would not have access to the electronic records, you would probably have to go to the office personally and request assistance to do the search.
Q: My mother and girlfriend own a house together. I slipped on ice and broke me ankle requiring surgery. Can I sue
Mark Scoblionko's answer
Yes, you can sue. However, you need to meet with a lawyer to evaluate the case to determine if the case would have merit.
Yes, you can sue. However, you need to meet with a lawyer to evaluate the case to determine if the case would have merit.
Q: How does an estate administrator, not represented by an attorney, have a deed transferred to their name?
Mark Scoblionko's answer
“Oneself” would be best advised to get a lawyer. It requires a special type of deed to convey property from an Administrator/Executor to a third party.
“Oneself” would be best advised to get a lawyer. It requires a special type of deed to convey property from an Administrator/Executor to a third party.
Q: How do I have a deed put into the estate's name, in order to sell it and have it transferred to the buyer?
Mark Scoblionko's answer
Property does not get put into the estate’s name in order to be sold. It is simply conveyed by a deed from the Executor/Administrator to the purchasing party. However, a deed like that is a special deed and must be prepared by the lawyer representing the estate.
Property does not get put into the estate’s name in order to be sold. It is simply conveyed by a deed from the Executor/Administrator to the purchasing party. However, a deed like that is a special deed and must be prepared by the lawyer representing the estate.
Q: My brother and I purchased our family's cabin and acreage years ago. Can his wife take over ownership if he were to die?
Mark Scoblionko's answer
You would need a lawyer to review your deed and advise you.
As a general principle, if your deed says that you own the property as joint tenants with right of survivorship, if one dies, the property passes automatically to the other deed holder. On the other hand, if the deed says nothing about right of survivorship, the property is owned as tenants in common, and the 50% interest of each would pass by that person’s Will or, if none, through that person’s estate under the laws...
You would need a lawyer to review your deed and advise you.
As a general principle, if your deed says that you own the property as joint tenants with right of survivorship, if one dies, the property passes automatically to the other deed holder. On the other hand, if the deed says nothing about right of survivorship, the property is owned as tenants in common, and the 50% interest of each would pass by that person’s Will or, if none, through that person’s estate under the laws...
Q: I am a sole heir administering an estate with no will. Do I need to transfer a home into my name before selling it?
Mark Scoblionko's answer
You need not transfer real estate to your name, personally, before selling, as Administrator/Administrtrix, to a third party.
You need not transfer real estate to your name, personally, before selling, as Administrator/Administrtrix, to a third party.
Q: My home is paid in full. My husband and I married 33 years ago, but after purchase. How do I add him to deed?
Mark Scoblionko's answer
You have a lawyer prepare a deed from you and “John Doe, her husband,” to the two of you, husband and wife, as tenants by the entireties. Because you are married, there is no transfer tax.
The conveyance will be under and subject to any mortgages or other liens of record.
You have a lawyer prepare a deed from you and “John Doe, her husband,” to the two of you, husband and wife, as tenants by the entireties. Because you are married, there is no transfer tax.
The conveyance will be under and subject to any mortgages or other liens of record.
Q: How do you transfer a real estate deed to a court appointed administrator when the deceased did not have a will in PA?
2 Answers
| Asked
in
Estate Planning and Real Estate Law
for
Pennsylvania
on
Answered on Jan 24, 2019
Answered on Jan 24, 2019
Mark Scoblionko's answer
You don’t transfer property to the administratrix. Rather, if the property is to be sold, the administratrix becomes the seller and executes a deed to the new buyer.
What you have described about insurance is a typical problem. Usually, the homeowner’s insurance company will allow you to purchase a new fire and extended casualty policy, even if the property is vacant, for up to a year. It will be more expensive. In this instance, if the stepchild is in the house, that should...
You don’t transfer property to the administratrix. Rather, if the property is to be sold, the administratrix becomes the seller and executes a deed to the new buyer.
What you have described about insurance is a typical problem. Usually, the homeowner’s insurance company will allow you to purchase a new fire and extended casualty policy, even if the property is vacant, for up to a year. It will be more expensive. In this instance, if the stepchild is in the house, that should...
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.
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