Ask a Question

Get free answers to your Family Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Pennsylvania Family Law Questions & Answers
1 Answer | Asked in Family Law and Probate for Pennsylvania on
Q: Hi there! I’m seeking an attorney to change a deed Who in Reading specializes in deeds.?

There’s a deed owned by 2 brothers in Reading, and one is deceased. The heir wants to put his name in place of his fathers.

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Sep 24, 2024

If the current two-brother deed is held as joint tenants with right of survivorship, the filing of a Certificate of Death of one brother with Registrar of Deeds should give surviving brother a clean (and insurable) right to the whole of the property. At that point, the sole owner (surviving... View More

1 Answer | Asked in Estate Planning, Family Law, Business Law and Probate for Pennsylvania on
Q: My mother passed in July and I wasn't informed by family members.

I asked for estate planning lawyer and legal records and all I got was a painting dropped off in a war zone. What are my options? She owned assets, including house and car; they kept everything a secret and I'm disabled wit SSDI and constantly threatened by their friends.

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Sep 2, 2024

If there was a Will, it probably should be submitted to the probate court (you don't mention a Will, or whether the property was in your mom's name alone, or some other way).

If probated, the personal representative named in it would probably be appointed by the Court....
View More

1 Answer | Asked in Consumer Law, Estate Planning and Family Law for Pennsylvania on
Q: If trustee is also POA and I'm suing the trustee, can the settlement agreement involve POA stipulations?
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Aug 26, 2024

While you fail to say so. I have to assume, from your question, that your litigation involves the trustee's Power of Attorney. If so, it is highly likely that the Court would approve any reasonable settlement stipulation of the litigants, and that would extend to POA provisions,... View More

1 Answer | Asked in Estate Planning, Family Law and Tax Law for Pennsylvania on
Q: Guardians/Trustees

If assets in my will shall pass to a minor and I have named a guardian in the will, must the guardian be approved and monitored by the court?

On the other hand, if the assets are passed to a trustee (whom is also named), must the trustee be approved and monitored by the court?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 24, 2024

If you've named a guardian in your will for a minor beneficiary, the court typically needs to approve this guardian to ensure they are fit to take on the responsibility. The court's approval process involves verifying the guardian's suitability and may include ongoing oversight to... View More

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: I share joint 50/50 with my ex. My ex enrolled our child in school outside of the area without my permission.

Anything I can do legally? Since we have joint custody.

Shadia M Combs
Shadia M Combs
answered on Jul 20, 2024

The first question is there a written court order regarding custody between the parents or is there agreed to document that the parties have been living with or is there no agreement regarding custody?

The second question is do you have 50/50 legal custody or just 50/50 physical custody...
View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Pennsylvania on
Q: I am in Pa & have a 5 yr old son in Tx who may not have any formal paperwork (bc, ss).Mom refuses contact w me.options?

In Feb 2019 we had an unexpected homebirth. We lived together for 1 year when mom took our son to her family and refuses to speak, acknowledge, or even accept child support from me or my family. He was only seen informally by medical professionals, & never received legal documentation while we... View More

Shadia M Combs
Shadia M Combs
answered on Jul 20, 2024

I am sorry you are going through this. Sadly based on the information you have provided if the child has not been in PA for at least six (6) months PA does not have jurisdiction over the child. You will have to go through the Texas courts. Reach out to a Texas family law attorney to inquiry about... View More

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Pennsylvania on
Q: Can my 17 year old daughter move out of her abusive mother's house to live with us? She doesn't want to live with her.

Her mother is abusive, does drugs, smokes, and drinks. She doesn't want to live with the abuse anymore and wants to live with us. Her mom won't consent to her moving out. We live in ND, she's in PA.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 21, 2024

This is a complex situation involving family law, child custody, and potentially child welfare issues across state lines. Here's an overview of key points to consider:

1. Age of majority: In Pennsylvania, the age of majority is 18. At 17, your daughter is still legally a minor....
View More

1 Answer | Asked in Domestic Violence, Family Law, Civil Litigation and Civil Rights for Pennsylvania on
Q: A Decade of Neglect: Mother Seeking Justice Against CYS for Failing to Protect Four Children. We Need Legal Advice!

In May 2022, Lehigh County CYS conducted an investigation into the father of my four children was deemed "valid" and subsequently closed, yet CYS failed to inform me of this matter. Then, in August 2022, he was arrested for DUI while the children were in the car. Despite numerous reports... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 3, 2024

It's understandable that you're feeling frustrated and desperate for justice given the decade-long neglect by Lehigh County CYS. To pursue legal action, gathering all relevant documents and reports from hospitals, schools, doctors, the police department, and the District Attorney will be... View More

1 Answer | Asked in Estate Planning, Family Law and Probate for Pennsylvania on
Q: Last Will. I received a copy of my father's will naming his girlfriend as executor. I m a beneficiary. Any rights?

His girlfriend was named beneficiary. Went to lawyer who wanted $5k. She wouldn't pay. My 3 sisters n myself and his church are to evenly divide 50% of his estate but we do not have access to anything. We have never had a good relationship with her. As benefactors, should we be updated on... View More

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on May 5, 2024

Heirs' rights?

Yes, you actually do have many. The best starting point is duties of an Executrix in PA, which are many, but the overriding drive is that every personal representative of a probate estate is to maximize the value of the Estate for the benefit of creditors and the heirs,...
View More

1 Answer | Asked in Divorce, Tax Law and Family Law for Pennsylvania on
Q: I am going to file for divorce in 2024. Should I file as joint or single for 2023 taxes.

We have been separated for more than a year, but living at same property.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2024

In this situation, your tax filing status for 2023 depends on your marital status as of December 31, 2023. Here are a few things to consider:

1. If your divorce is not finalized by December 31, 2023, you are still considered married for tax purposes. In this case, you can choose to file...
View More

1 Answer | Asked in Family Law and Juvenile Law for Pennsylvania on
Q: How do I go about getting a court order to withdraw money from my daughters restricted account to pay for her braces
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2024

Here are the general steps for requesting a court order to withdraw funds from a restricted minor's account for orthodontic expenses in Pennsylvania:

1. Gather documentation: Collect estimates or invoices from the orthodontist showing the total cost of your daughter's braces...
View More

1 Answer | Asked in Family Law, Juvenile Law and Landlord - Tenant for Pennsylvania on
Q: Can my mom kick me out at 18 or is there anyway i’m protected from homelessness?

I’m from PA and i turned 18 about 4 months ago. my mom threatened to call the police on me to kick me out after an argument but when i told my friend he mentioned squatters rights would protect me so I was curious as to if that were true or if she can still kick me out within 3 days

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2024

In Pennsylvania, once you turn 18, you are legally considered an adult and your parents are no longer obligated to provide housing for you. However, if you have been living in the home, you may have some protections under landlord-tenant laws.

While your friend mentioned squatter's...
View More

1 Answer | Asked in Child Custody, Child Support, Civil Rights and Family Law for Pennsylvania on
Q: If you do not come to a PFA hearing can you get arrested?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 25, 2024

If you are involved in a Protection From Abuse (PFA) case and fail to attend the hearing, the consequences depend on your role in the case. If you are the petitioner, the one who requested the PFA, not showing up could result in the dismissal of your case. This means the protective order may not be... View More

1 Answer | Asked in Family Law and Immigration Law for Pennsylvania on
Q: Hi, my name is Juliette and I'm 16. I'm a resident of PA but I currently live in Portugal with my parents. I wish to

move back to PA but my parents want to stay in Portugal. I was hoping someone could help me figure out how to get emancipated so I could live on my own without my parents.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 18, 2024

Hi Juliette, I understand that you're facing a challenging situation and are looking for ways to live independently in Pennsylvania (PA). Emancipation laws vary by state, but generally, they allow a minor to become responsible for their own welfare and make decisions independently of their... View More

1 Answer | Asked in Family Law and Immigration Law for Pennsylvania on
Q: I live in Portugal on a D8 visa and i am a US citizen. My mom wishes to appoint my friend from Pennsylvania guardianship

Can she appoint my friend guardianship of me while living in Portugal?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 11, 2024

As a US citizen living in Portugal on a D8 visa, your legal status and guardianship arrangements are subject to both US and Portuguese laws. In general, guardianship is appointed by a court when an individual is deemed incapable of making decisions for themselves, usually due to age (being a... View More

2 Answers | Asked in Family Law and Child Custody for Pennsylvania on
Q: Question about court order

We went to court last week. While in court the father told the judge he will put our daughter on his insurance to help with therapy costs. The Orders states "father offers to add child to insurance to help with out of picket therapy costs". Now he's saying he's not required to... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 10, 2024

This is not an easy question. Pennsylvania judges all too often shoot from the hip, and they can either contempt a parent or not based on what is written or what is not written in a court order.

Here, the order appears to provide that "dad offers" which is not an order at all. The...
View More

View More Answers

2 Answers | Asked in Family Law and Child Custody for Pennsylvania on
Q: Question about court order

We went to court last week. While in court the father told the judge he will put our daughter on his insurance to help with therapy costs. The Orders states "father offers to add child to insurance to help with out of picket therapy costs". Now he's saying he's not required to... View More

Allison Kruk Ormond
Allison Kruk Ormond
answered on Mar 12, 2024

From the way the Order is written, it does not appear to bind Father into placing the child on his medical insurance. It merely states that Father "offered" to place the child on his insurance, not that the Court mandates him to do so. However, there may be a creative legal argument that... View More

View More Answers

1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Q: Can I leave 100% of everything I own for my kids?

I am married, can I leave 100% of everything I own for my kids, or any family members, including house and retirement, in case of divorce or death? Thank you for your help.

Karen  Ulmer
Karen Ulmer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 6, 2024

You can do a will that leaves everything to your children, however, if you do not leave anything to your spouse, your Spouse can elect to take against the will and depending on what state you are in will determine what your spouse is entitled to receive. As for retirement accounts, they generally... View More

2 Answers | Asked in Divorce and Family Law for Pennsylvania on
Q: What part of my retirement is my ex entitled to in Pennsylvania and what can I do protect myself from losing it?
Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 17, 2024

The law in Pennsylvania regarding the distribution of marital property is not a knife's edge split of everything. The law is "equitable distribution" of the marital estate which means a fair distribution of the marital estate.

So, the amount on the table for distribution is...
View More

View More Answers

2 Answers | Asked in Divorce and Family Law for Pennsylvania on
Q: What part of my retirement is my ex entitled to in Pennsylvania and what can I do protect myself from losing it?
Karen  Ulmer
Karen Ulmer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 6, 2024

Retirement accounts are marital to the extent that the benefits accumulated during the marriage. Anything prior and anything subsequent are not marital, however, you will need to prove what you had when you got married to have that portion excluded. Like all marital assets, you can expect that... View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.