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Questions Answered by W. J. Winterstein Jr.
1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: If I die and leave my house to my child, can I stipulate in my will that my boyfrnd lives there indefiniteltly

With his children

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Oct 12, 2021

Yes, you can make those arrangements by specific provisions in your will. One way is to give what is called a life estate in the property, which gives your boyfriend control of the property until his death, or until he no longer wants it.

There are other ways, using testamentary trusts,...
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2 Answers | Asked in Estate Planning for Pennsylvania on
Q: My fiance and I purchased a house in 2016. He passed 8 months later. I am not on the loan, but I am on the Deed.

I want to sell at this time. Will I have issues? There was no will. Just our papers from settlement

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Oct 9, 2021

So sorry for your loss.

If you held the property as joint tenants with right of survivorship (that wording should be on the deed itself), then when he passed, you became the sole owner by operation of law. For record purposes, you should record the Certificate of Title, connecting to the...
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4 Answers | Asked in Bankruptcy for Massachusetts on
Q: Error on 7 bankruptcy wrong amount owed 2 yrs ago discharge

Can they still come after me

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Oct 5, 2021

The crucial part is ensuring that the creditor gets timely notice of the bankruptcy from the Bankruptcy Clerk, which means you/your lawyer must ensure that the addresses of each creditor are correct. Once the creditor receives notice of the bankruptcy filing, it's on the creditor to file a... Read more »

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3 Answers | Asked in Bankruptcy for Oklahoma on
Q: Do I need to attend a motion for default judgment
W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Oct 5, 2021

You don't say whether the hearing is set in Oklahoma District Court, or the US Bankruptcy Court for the Western District of Oklahoma. Either way, if you fail to appear, a judgment will almost certainly be entered against you.

Note: if you have filed for bankruptcy relief, and your...
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2 Answers | Asked in Insurance Bad Faith, Bankruptcy, Criminal Law and Banking on
Q: My boyfriend wants that i claim his money from his Alaska intern. bank Account as his wife. I don't know if i should.

He lives in the US now, i'm still in germany, but wanna move to him next year. I didn't know about that Account. Once he told me that his bank Account is frozen till his ex, got her money out. He lived in germany for some years, thats were we met and he got divorced. Later he want to... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Oct 2, 2021

The applicable law may vary from state to state, but in most, if you present yourself, or yourselves, as man and wife, you may well become that, a "common law marriage". Once married, the only way to get unmarried is divorce, and that means a judge, and probably lawyers, need to be... Read more »

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3 Answers | Asked in Bankruptcy for Massachusetts on
Q: I filed bankruptcy 10 years ago can I still be liable for the water bill I was discharged from the home
W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Oct 1, 2021

Utility bills/accounts are handled differently from other debts in bankruptcy. A special section of the Bankruptcy Code, Section 366, applies to utilities.

Many debtors just continue to pay the amounts billed following a bankruptcy filing, so there's never an issue.

The...
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1 Answer | Asked in Estate Planning for Pennsylvania on
Q: Mom passed Jan 2021.Owned Prudential Life Ins stock.To date PLI says stock not sold yet; we cannot settle estate.

All requested paperwork/forms has been forwarded to PLI. Folks buy sell stock everyday. Why would it take this long? Any info on this type situation / stock sale would be helpful. Thank you.

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Sep 29, 2021

If your mother held shares of stock in her name, and held the original stock certificates, you don't need to look to Prudential to sell that stock. Any stockbroker could do the sale for you, or at least, for the court-approved personal representative of the estate.

If, on the other...
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2 Answers | Asked in Bankruptcy on
Q: What is the responsibility of a son whose father made huge debts to the tune of 175L and died with zero property
W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Sep 22, 2021

Unless the son received some significant portion of the father's run-up of debt prior to the father's death, but within the time limitations of applicable "fraudulent transfer" statutes, there should be no legal liability of the son for the father's debts.

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3 Answers | Asked in Bankruptcy for Arizona on
Q: can a debt collector find out were my checking and savings acct is located in another state from were i was served,

i was served in a suit for a debt collection by a debt collector , the suit is for $6000, can i close a savings acct in another state from were i was served ,

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Sep 16, 2021

Assuming that the creditor has not yet taken a judgment against you and issued a writ of garnishment, yes, you are free to do what you like with your assets.

You should be aware, however, that if a judgment or judgments are at some point entered against you, the creditor may have an...
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2 Answers | Asked in Bankruptcy for Delaware on
Q: Does my state's "Doctrine of Necessaries" mean I, unemployed, can't expect a ch7 discharge if my spouse makes an income?

I'm very confused by Delaware state code's "duty to support" clause and how it applies to my bankruptcy case. The clause says each spouse has the duty to support the other, so my wife is technically responsible for my ER bills? But the subsequent clause states that this duty... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Sep 14, 2021

Section 109 of the Bankruptcy Code determines who is eligible for relief under each of the different bankruptcy "chapters", e.g., 7, 13, 11, etc.

Federal law, it is often said, is the "supreme law of the land", and that is certainly true where a determination of who may...
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2 Answers | Asked in Bankruptcy for Ohio on
Q: If I’m in a chapter 13, and I want to move in with my girlfriend, how will this affect the chapter 13 payment?
W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Sep 8, 2021

If your plan has been confirmed, there should be no effect on your move.

There are, however, some districts in which yearly financial reports are required. If you're in one of those districts, the Ch. 13 trustee may push you to increase plan payments if your monthly living expenses...
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3 Answers | Asked in Bankruptcy for Illinois on
Q: Can my Sister buy a condo and rent it out to me if I am in a Chapter 13 bankruptcy?

Basically, I am going through a divorce and need to move out. Since buying a condo would be cheaper than renting an apartment, my sister has offered to buy a condo and rent it out to me. Would this be allowed if I am currently in a Chapter 13 bankruptcy (without my spouse) or would they look at the... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Sep 6, 2021

I agree with the prior to answers. The bankruptcy rules and statutes target transactions in which "value", e.g., money's worth, leaves the debtor's estate, not where some benefit is incoming to the estate.

And assuming that you have a 5-year Ch. 13 plan, at the end of...
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2 Answers | Asked in Tax Law and Collections for Pennsylvania on
Q: is there anyway to fight back against the IRS regarding my situation ?

for 2020 I owed $7200 on April 15th to the IRS but I accidentally dated it for 2021 and now they refuse to transfer the $7,200 from 2021 to 2020. so essentially my $7,200 is just sitting there being unused because im no longer self employed so I no longer need to make quarterly payments. I'm... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Sep 4, 2021

(1) If you can find the right person to talk with in the IRS, your problem should be resolvable. When you contact the IRS, keep asking for the next higher supervisor until you get someone who will work with you.

(2) Other than that, on January 1st, 2022, file your 2021 return, show the...
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3 Answers | Asked in Bankruptcy for Arizona on
Q: Can a Trustee re-open a Chapter 7 closed case?

I received a discharge date on 5/8/19 on a Chapter 7 no asset. Pro se. The trustee submitted the final accounting report and Judge signed on 12/17/20. I was notified a settlement check went to the trustee. Does that mean they are going to re-open my case again? Can I hire an attorney to get my... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Sep 1, 2021

I'd be shocked if the Ch. 7 Trustee did not return that check to whoever sent it, or relayed it on to you.

Several years ago, a Ch. 7 debtor I represented sold a car for $9,000 and had a check to himself in return. I advised him to have the buyer write a second check, to the Ch. 7...
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3 Answers | Asked in Estate Planning for Pennsylvania on
Q: I'm 18 and my parents are asking me to sign them financial powers of attorney. Should I?

They have offered to pay for my college which I'm really thankful for, but reading through the document it seems like I'm essentially hand them full control over everything I own and will ever own. They say it's only to be used in case I get incapacitate but I don't see where it... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Aug 29, 2021

"What the Lord giveth, the Lord can take away", or something like that.

You would be the one granting the "power" to your parents, and you can likewise renounce/terminate those Powers.

You would need to provide written proof of your termination of the Powers to...
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2 Answers | Asked in Bankruptcy for Florida on
Q: If I stop making my chapter 13 payment, what happens and how long would it take.

I have decided to sale my house and pay the chapter 13 in full. However, I need to use the money I would normally make my payment with to make home improvements.

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Aug 27, 2021

File a modified plan, providing for the sale of your home and the revised payment of your creditors.

Keep in mind that you have the right to keep exempt property, or the proceeds therefrom.

Talk to your bankruptcy lawyer about these issues.

If you do not modify your plan to...
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4 Answers | Asked in Bankruptcy for Oregon on
Q: Can I apply for a loan and still file for chapter 7 if I am denied the loan?

I am about to be garnished for my full check for 2 and a half months.

I am wondering if I can apply for a loan to survive. If I get the loan I am okay. If I don't get the loan, will having applied for it prevent me from filing for bankruptcy?

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Aug 5, 2021

The simple answer is no, applying for a loan does NOT make you ineligible for bankruptcy relief. Do NOT make any material misrepresentations on your loan application. (It's a crime to make a false statement to a financial institution, insured by the federal government, in a loan... Read more »

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2 Answers | Asked in Foreclosure and Real Estate Law for Pennsylvania on
Q: how long would a short sale take approx (months) in Pennsylvania if you have a 1st & 2nd mortgage and a lein on average?

Allegheny county

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Aug 4, 2021

To complete a "short sale", you need to procure the consent of the mortgage holders. Both of them, because your buyer will want to take legal title free of all liens and encumbrances. In other words, you need to persuade both lenders that the best way for them to be repaid is from a... Read more »

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3 Answers | Asked in Bankruptcy for Florida on
Q: Is okay to apply for credit during a Chapter 7 bankruptcy prior to discharge?

no other info.

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Aug 1, 2021

Sure, you can try, but no lender out there that I know of will extend you credit until your discharge has been entered.

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2 Answers | Asked in Bankruptcy for Washington on
Q: Bankruptcy Ive a creditcard& a carpmt from same credit union. If I file can they sue me or can those be included in ch7

So I have my car and credit card from the same credit union. And I am not able to afford either payment. Hints trying to file chapter 7. If I file would I be able to get both of them written off? Or will they go after me and sue me for filling?

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jul 31, 2021

No one can hope to prevail by claiming some sort of damage simply because you have filed for bankruptcy relief. If you meet the eligibility requirements for the bankruptcy chapter of your choice, you're bullet-proof from any such claims.

However, it may be that some creditor may seek...
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