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Questions Answered by Mark Scoblionko
1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: How does an estate administrator, not represented by an attorney, have a deed transferred to their name?

What needs to be done at the county court level in order to do this oneself, without a representing attorney?

Mark Scoblionko
Mark Scoblionko answered on Feb 10, 2019

“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.

2 Answers | Asked in Real Estate Law for Pennsylvania on
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
Mark Scoblionko answered on Feb 10, 2019

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.

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1 Answer | Asked in Estate Planning for Pennsylvania on
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?

We purchased the property from our grandparents prior to their passing long before either of us were married. Previously, my brother was advised that in the event of divorce his wife would not be able to acquire ownership as it was property he held prior to marriage, and she has contributed... Read more »

Mark Scoblionko
Mark Scoblionko answered on Feb 10, 2019

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...
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2 Answers | Asked in Real Estate Law for Pennsylvania on
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?

The home was not the primary residence of the deceased. Can the title be transferred from the deceased person's name to the buyer, without it being transferred first to my name. All debts from the estate are paid.

Mark Scoblionko
Mark Scoblionko answered on Feb 10, 2019

You need not transfer real estate to your name, personally, before selling, as Administrator/Administrtrix, to a third party.

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2 Answers | Asked in Real Estate Law for Pennsylvania on
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
Mark Scoblionko answered on Feb 5, 2019

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.

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2 Answers | Asked in Estate Planning and Real Estate Law for Pennsylvania on
Q: How do you transfer a real estate deed to a court appointed administrator when the deceased did not have a will in PA?

My 18 year old daughter is the court appointment administratrix of her grandfathers estate. He died intestate. She is the only living relative besides step-children who we were told are not entitled to his estate.

Our lawyer is telling us we need to get homeowners insurance on the home... Read more »

Mark Scoblionko
Mark Scoblionko answered on Jan 24, 2019

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...
Read more »

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1 Answer | Asked in Estate Planning and Real Estate Law for Pennsylvania on
Q: Two organizers on a real estate LLC and one dies, does #2 own it all? Bradford PA

I am about the organize a real estate LLC and would like to pass the properties to my niece upon my death - if I ask her be an organizer will she own the properties upon my death?

Mark Scoblionko
Mark Scoblionko answered on Nov 23, 2018

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...
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1 Answer | Asked in Car Accidents for Pennsylvania on
Q: I got in a wreck and I was at fault both cars are totaled what happens if insurance doesn't cover it?

I accidentally pulled out in front of someone and both cars are totaled. I personally am not on the insurance but the vehicle is insured. The vehicle is in my dads name

Mark Scoblionko
Mark Scoblionko answered on Nov 23, 2018

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... Read more »

2 Answers | Asked in Personal Injury for Pennsylvania on
Q: Can I get money for pain and suffering in a dog bite case?
Mark Scoblionko
Mark Scoblionko answered on Nov 12, 2018

Possibly. It depends on the circumstances of the case, which would have to be reviewed with a lawyer.

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2 Answers | Asked in Car Accidents for Pennsylvania on
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

The truck was in both are names an the insurance is in my name

Mark Scoblionko
Mark Scoblionko answered on Nov 2, 2018

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.

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2 Answers | Asked in Real Estate Law for Pennsylvania on
Q: Property Transfer within the family Help Please, Do we need to get the title company involved?

Basically, my dad bought a building in 2015 under his company name and he's willing to remove himself from the company and give it to me and my mother.

I guess we need to draw come up with property transfer agreement and re-file PA article of the corporation to remove him from the company?... Read more »

Mark Scoblionko
Mark Scoblionko answered on Oct 5, 2018

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.

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1 Answer | Asked in Real Estate Law for Pennsylvania on
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

Certificate. How can he show proof of everything how can he take over the home?

Mark Scoblionko
Mark Scoblionko answered on Sep 16, 2018

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... Read more »

1 Answer | Asked in Estate Planning for Pennsylvania on
Q: Hi My husband passed away of pancreatic cancer in 2017, as I’ve been getting the affairs in order I found that his 401k

He transferred to his sister and put in an Ira naming her beneficiary. Is this legal? I called fidelity and submitted marriage license and death certificate but they just said the money is gone now. Can I sue the sister for fraud? And he died of cancer he was under duress. Help

Mark Scoblionko
Mark Scoblionko answered on Aug 20, 2018

You should consult with an attorney promptly.

2 Answers | Asked in Real Estate Law for Pennsylvania on
Q: can a power of attorney cancel a lease agreement

My husband and I recently signed/notorized a lease to rent her house from our friend. Our lease is to start in two days, can her father/power of attorney stop us from moving in to the property or cancel our lease agreement

Mark Scoblionko
Mark Scoblionko answered on Aug 18, 2018

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.

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2 Answers | Asked in Estate Planning and Elder Law for Pennsylvania on
Q: I am a neighbor to a woman here in pa..

Her daughter lives in Virginia, has power of attorney and cleaned out her house of clothes, dinnerware, dishes, bowls, spoons, furniture, bed and box spring...

Mark Scoblionko
Mark Scoblionko answered on Aug 15, 2018

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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2 Answers | Asked in Estate Planning for Pennsylvania on
Q: will splits property 50/50 with my bro but than sets value of her farm at a low rate gives bro right of 1st refusal

Can my Mother set the value at an unrealistic low price of her property and give my brother right of first refusal when the actual value is about 3 times that value? Or if he is not around gives his wife that same right. Can this be contested to show actual market value of the property?

Mark Scoblionko
Mark Scoblionko answered on Aug 13, 2018

A lawyer would have to review the Will. If it appears that your mother was trying to benefit your brother by giving him an option to buy at a very low price, she can certainly do that. On the other hand, if there was undue influence or she made a mistake, the Will might be challenged.... Read more »

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2 Answers | Asked in Real Estate Law for Pennsylvania on
Q: Pennsylvania married couple want too sell their joint owned real estate. Husband has personal judgement against him.

does this need to be satisfied before sale

Mark Scoblionko
Mark Scoblionko answered on Aug 10, 2018

Your question is not clear. Are you asking if the judgment has to be satisfied before closing or are you asking if the judgment has to be satisfied at all?

It certainly does not need to be satisfied before closing. If it is going to be satisfied, the title company will withhold proceeds...
Read more »

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2 Answers | Asked in Real Estate Law for Pennsylvania on
Q: I received a notice that my rent to was increase. Can I end my lease now by not agreeing to the increase?

I am in Pennsylvania. I received a notice that my rent to was increase. I saw this letter one month before my lease ends (August 31). They may have sent it earlier but I did not receive it. I am supposed to give 60 days notice before the end of the lease if I plan to move. Can I end my lease now by... Read more »

Mark Scoblionko
Mark Scoblionko answered on Aug 7, 2018

A lawyer would have to meet with you and review your current lease to give you an accurate answer to your question.

I suggest that you start by contacting the current landlord to see if it will agree to having you terminate the lease. If not, you would be best advised to consult a lawyer...
Read more »

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1 Answer | Asked in Personal Injury and Car Accidents for Pennsylvania on
Q: Hit and run injury - my friend didn't get the license plate, but he saw an UBER sticker on the car - can he sue UBER?
Mark Scoblionko
Mark Scoblionko answered on Aug 3, 2018

If the injury is serious enough to warrant suit, a police accident report should be promptly filed. That will enable your friend to make a claim for uninsured motorist benefits under his auto policy, if he has that coverage. He might also be able to assert claims under the auto policies for any... Read more »

1 Answer | Asked in Estate Planning for Pennsylvania on
Q: Should my deceased brother's name be removed from mother's will?

My brother died five years ago, but he is still named in my mother's will. He was my only sibling and everything was to be split between the two of us. My brother was married, but he had no children. When my brother died everything he had went to his wife, who recently passed away. She had children... Read more »

Mark Scoblionko
Mark Scoblionko answered on Jul 13, 2018

Although that is probably correct, to give a definitive answer a lawyer would have to review the Will. However, even if it is correct, if your mother is doing okay, it probably makes sense to re-write the Will.

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