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Pennsylvania Family Law Questions & Answers
1 Answer | Asked in Family Law and Probate for Pennsylvania on
Q: I want to keep my mom's home, she passed away in April, and there's a balance on her mortgage, how?

It has a 26 thousand dollars balance, can I keep it or do I have to sell it?

Stephen M. Asbel
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Stephen M. Asbel
answered on Jun 7, 2022

To fully answer your question would require additional information because whether or not you can keep the house will depend upon a number of factors. Are there other assets which can be used to pay off the mortgage? Are there other debts beside the mortgage which must be paid? Are there other... Read more »

1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Q: In Pennsylvania, can you lock your husband out of the house for a night?

I am in a toxic situation. I'm dealing with mental abuse. I don't have the money to obtain an attorney to file for divorce. I need a night of peace and for him to calm down.

Karen  Ulmer
Karen Ulmer PRO label
answered on May 21, 2022

Until a court order is entered, the home belongs to both of you. If you lock him out, he is within his legal right to gain access. If you lock him out it may only elevate the mental abuse. If you can stay with a friend or family for a night that may be less confrontational. If he does anything to... Read more »

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 Family Law for Pennsylvania on
Q: in the state of PA how can i get my moms belongings from her partner and he is not letting us in house
Richard Diamond
Richard Diamond
answered on Apr 7, 2022

Im sorry by I am a New Jersey family law attorney and cannot give you advice on how to address an issue involving a dispute in Penn. Please direct your inquiry to a Penn lawyer.

1 Answer | Asked in Family Law for Pennsylvania on
Q: Sibling and I are beneficiaries on grandmother's will.grandparents had custody of me. I want the house I live in.

My sister wants me to sell the house. She wants the money. I grew up in and have lived in this house for 20 plus years. My grandparents took custody of me because my mother left me with them as a child. I don't have the money to buy her out, but I want my house.

John B. Whalen, Jr.
John B. Whalen, Jr.
answered on Mar 30, 2022

… hello …

… from the information you have shared, that seems difficult … have you spoken to the Executor? …

John

1 Answer | Asked in Car Accidents, Family Law and Insurance Defense for Pennsylvania on
Q: i got into a car accident. my insurance is under my fathers name but my car is my name. who does the insurance money

go to. my father is keeping the money from me so i can’t get a new car. what do i do

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 7, 2022

You may or may not have left out some relevant facts but I will try to answer----if the insurance company is paying a property damage claim for the vehicle then it should pay the titled owner(s) of the vehicle.

2 Answers | Asked in Family Law and Immigration Law for Pennsylvania on
Q: I am 20 years old and my parents are trying to block my polish passport, can they do that?

I am trying to make a trip and my parents will not let me, I am 20 years old and I issued my passport when I was still underage. Can they block my passport?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Feb 22, 2022

No. After 18 you are legal adult and no one parent has any right to cancel your passport. If they persist call the police, as they have no right to conceal a legal US Passport from its holder for any reason, or go ahead and apply for a new one.

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1 Answer | Asked in Land Use & Zoning, Real Estate Law, Family Law and Personal Injury for Pennsylvania on
Q: Is this real money that was left for me
Tim Akpinar
Tim Akpinar
answered on Jan 30, 2022

A Pennsylvania attorney could advise best, but your question remains open for two weeks. Some information may have been left off here. It isn't fully clear in what context the money left for you materialized, and your post straddles a number of categories - each could have different manners in... Read more »

1 Answer | Asked in Family Law for Pennsylvania on
Q: my mother passed without a will i am her only child, people told me i need a paper stating i have conrtol of her estate

i am her only child i need help to point me i the right direction

John B. Whalen, Jr.
John B. Whalen, Jr.
answered on Dec 25, 2021

… my condolences …

… the paper that they are referring to is called a “Short Certificate” or “Letters of Administration” …

… you should consult an attorney who is experienced in Probate and Estates … many offer a free consultation …

… good luck …

… John …

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: What is considered a conflict of interest?

My son’s father has the same attorney, Who was my public defender back in 2012 for a criminal case , defending him in our child custody case. Wouldn’t that be considered conflict of interest?

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Nov 2, 2021

Pennsylvania codifies a "continuing conflict" as such:

1.9 Duties to Former Clients

A lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person’s interests are...
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1 Answer | Asked in Family Law for Pennsylvania on
Q: I would like to place my father's ashes with his deceased parents who are interred in a mausoleum. How would I do this?

The cemetery where my grandparents are interred have informed me that I cannot do this.

Peter N. Munsing
Peter N. Munsing
answered on Oct 14, 2021

The cemetary has their own rules. You don't necessarily have a right to inter remains wherever you wish. If it's a church run cemetary talk to the priest or religious official of that church.

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Children and Youth services of Pennsylvania. What are my rights?

Children and Youth services of Pennsylvania showed up to my house because my daughter missed the forst week of school because her father tested positive of covid 19, and we didnt want to spread the virus. Whoeever called CYS also stated that they think possible drug use is involved because of the... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Nov 3, 2021

The government is legally allowed to do anything it wants. The government has agents, it has courts, and it writes the rules. The CPS can offer drug testing several times and then clamp down by removing the kids. A failure to take a test and pass it is evidence of drug use, and drug use is... Read more »

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Pennsylvania on
Q: My wife walked out with no warning. She said she would help pay for what's also in her name. Now she refuses to.

I was forced to take early retirement because of my back. I am barely getting by because of her refusal to help pay for what is also in her name. She told me in writing she would help pay but now refuses to. Is there anything I can do about this? Do I have any options to make her help with the... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Sep 13, 2021

You need to speak with a domestic relations attorney in your county. They can best advise you as to your options.

1 Answer | Asked in Family Law and Juvenile Law for Pennsylvania on
Q: My brother was on the run for year and he had a warrant they sent him to youth center he have court on 24 he is 20
Peter N. Munsing
Peter N. Munsing
answered on Aug 20, 2021

He needs to ask for a public defender.

1 Answer | Asked in Family Law, Civil Litigation and Juvenile Law for Pennsylvania on
Q: How can I be granted emancipation as a pregnant minor under 18?

If I am pregnant and just under the age 16 can a marriage license be granted by a judge if me and my partner are financially stable, have transportation, and a house?

Peter N. Munsing
Peter N. Munsing
answered on Aug 3, 2021

Depends on the age of the partner. A judge may grant a marriage license but it has to be shown to be in your best interests and the parents need to consent.

https://www.inquirer.com/philly/news/child-marriage-laws-age-requirements-pennsylvania-metoo-20181005.html

1 Answer | Asked in Family Law and Child Support for Pennsylvania on
Q: PA: Can I sue my x for 25,000 in back support. He has a sizable inheritance. court has only ordered him to pay $50/mo.

He is on disability, which is why his child support is only $50/month. at that rate we will all be dead before he makes even a dent in the $25,000. He has just inherited a sizable amount of money, so can I sue him for the back support? He and his wife/girlfriend have done everything that they can... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Jul 30, 2021

Look to modify the previous agreement to reflect his new asset. As to a lien, I would imagine the state Child Support Enforcement Division would be able to tell you that.

1 Answer | Asked in Family Law for Pennsylvania on
Q: can an online ordained minister legally perform a marriage in Pennsylvania
Peter N. Munsing
Peter N. Munsing
answered on Jul 30, 2021

I believe they may, but I would check with your register of wills to see who may complete the marriage license.

1 Answer | Asked in Adoption and Family Law for Pennsylvania on
Q: sons father is not listed on his birth certificate.married and my husband wants to adopt him. don't know who the dad is

My son's father is not listed on his birth certificate and my husband wants to adopt my son. I don't know who the father of my son actually is. What do i do to get him to adopt my son?

Peter N. Munsing
Peter N. Munsing
answered on Jun 4, 2021

You will need to hire an attorney, but it seems that what you would do is file a petition to extinguish the father's rights. The court will order that there be a publication in the legal notices, etc.

While it might be possible to get a court to treat your husband as a step parent,...
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1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: How do I find a lawyer to file abandonment charges.

My cousin was left with me 3 years ago how do I file abandonment charges on her dad

Peter N. Munsing
Peter N. Munsing
answered on Jun 4, 2021

your local bar association can give you names. Or you can ask the family court who seems to handle adoptions and similar proceedings.

1 Answer | Asked in Family Law for Pennsylvania on
Q: Hello, how to fix a misspelling of a last name by one letter on a P.R. birth certificate? We live in Philadelphia, PA
Peter N. Munsing
Peter N. Munsing
answered on May 25, 2021

You would need to get the birth records and file with the Commonwealth of Puerto Rico.

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