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Questions Answered by Mark Scoblionko
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... View 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... View 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,... View 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... View 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.... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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.... View 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.... View 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...
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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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2 Answers | Asked in Estate Planning for Pennsylvania on
Q: My Brother and I previously acquired our family cabin for $1. No deed survivor clause, but how can my sons get it?

I want to ensure my 2 sons eventually acquire the cabin and acreage. Although I have a basic Will noting my sons are to receive my 1/2 ownership, can my Brother do the same to ensure his ownership doesn't go into probate to his wife and subsequently leave the original family, or is there... View More

Mark Scoblionko
Mark Scoblionko
answered on Nov 6, 2019

If your deed did not convey to the two of you as joint tenants with rights of survivorship, you each own half as tenants in common. That means that each of you can pass your respective interests by Will. However, in Pennsylvania, as in most other states, a spouse is protected by being entitled to... View More

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2 Answers | Asked in Real Estate Law for Pennsylvania on
Q: A home was purchased in Sally's name. Sally died last year. Sally's husband did not transfer the deed to his name

He died recently. How should the sale of the property be handled? (I am the executor of the spouse that died recently)

Mark Scoblionko
Mark Scoblionko
answered on Oct 29, 2019

An estate must be opened for Sally. The Executor/Administrator of her estate would sell the property, if there was no Will that specifically left the property to the husband. The proceeds of the sale would then pass according to her Will, if there was one, or under the PA Intestate Act, if there... View More

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1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: I owned my house before I married my husband. We mortgaged the home both names are on the loan..

We are still married but separated. I want to sell the home to my granddaughter but he said because his name is on the loan he will not move out until it is removed. Does he have the right to do this since the title is in my name.

Mark Scoblionko
Mark Scoblionko
answered on Oct 9, 2019

Your husband does not have the right to remain in the home if you are the sole owner. However, if both of you are paying towards the loan, a most important question, which you did not address in your fact summary, if you force him out of the house, he will stop his payments on the loan. Unless... View More

1 Answer | Asked in Personal Injury for Pennsylvania on
Q: I received a writ of summons in Pennsylvania and it says jury trial demanded. What does that mean?
Mark Scoblionko
Mark Scoblionko
answered on Sep 28, 2019

It means that you have been sued and that the person suing you has asked for a trial by jury. You should contact a lawyer to represent you.

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