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Pennsylvania Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: Do you have to wait one year to settle estate even if the department of revenue has approved the inheritance tax return.

The Estate was advertised in May and I am the Executor and I absolutely know my father does not owe any money to any creditors. He never charged anything. Everything was paid in full with cash and I have paid everything that was due. Ok

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Oct 11, 2024

Pursuant to PA law, the opening of an Estate must be published in a newspaper of general circulation in the county in which the probate is pending. Creditors of the deceased or estate have one year from date of first publication to file a claim for payment. If the executrix distributes Estate... View More

1 Answer | Asked in Employment Law for Pennsylvania on
Q: Can I pursue litigation a a previous employer if they let me go because I am a recovering drug addict?

I work for a medical insurance company. I have a previous history of substance abuse issues. I am certain my supervisor can view this info. I cannot prove they have ever accessed it, but I can prove that they have the capability of accessing it. In a recent meeting, I was told that “if I want to,... View More

Dash Radosti
Dash Radosti
answered on Oct 9, 2024

A: Hello,

My name is Dash. I'm a PA attorney with Equal Justice Solutions, a public interest law firm that represents employees.

I'm sorry to hear you have struggled with your addiction. It sounds like you are doing better, and we hope this issue at work isn't too...
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1 Answer | Asked in Employment Law for Pennsylvania on
Q: Can I pursue litigation a a previous employer if they let me go because I am a recovering drug addict?

I work for a medical insurance company. I have a previous history of substance abuse issues. I am certain my supervisor can view this info. I cannot prove they have ever accessed it, but I can prove that they have the capability of accessing it. In a recent meeting, I was told that “if I want to,... View More

Dash Radosti
Dash Radosti
answered on Oct 9, 2024

Hello,

My name is Dash. I'm a PA attorney with Equal Justice Solutions, a public interest law firm that represents employees.

I'm sorry to hear you have struggled with your addiction. It sounds like you are doing better, and we hope this issue at work isn't too...
View More

1 Answer | Asked in Civil Litigation for Pennsylvania on
Q: i won a settlement and i was sent a praecipe to settle ,discontinue and end. The defendant's attorney said they will

send the funds after i sign the praecipe and pay the legal costs. is this normal

Tim Akpinar
Tim Akpinar
answered on Sep 29, 2024

A Pennsylvania attorney could advise best, but you await a response for three weeks. Until you speak with a local attorney - or better yet, your own attorney if you're represented, the form usually used to wrap up a case in most parts of the nation is a release. In my experience, I have not... View More

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 Employment Law for Pennsylvania on
Q: I’ve been working for a company full time for over 20 years and they have never given me vacation pay or sick days.

The company I work for considers everybody part time but I easily work 40 to 50 hours a week. It’s a commission based per building and my portfolio used to be 200 buildings a month but now it’s 140 buildings a month since Covid hit. I constantly ask for vacation pay and they only gave it to me... View More

Maurice Mandel II
Maurice Mandel II
answered on Sep 19, 2024

Interesting situation, you could be covered by PA law or NY law or both. You would want to research which is more favorable. Check not only the wage laws/employee laws that provide that you are entitled to recover wages AND EXPENSES expended for the benefit of your employer, and you are entitled to... View More

1 Answer | Asked in Personal Injury, Education Law, Health Care Law and Juvenile Law for Pennsylvania on
Q: Can an opposing party bring a lawyer to a meeting without my consent or knowledge?

My child was injured in school and initially refused care. Was told to sit down when the teacher was informed of a knocked out tooth, blood and pain. Only after numerous attempts of informing the teacher of the injury and pain was my child brought to the nurse who was on lunch break. My child then... View More

Tim Akpinar
Tim Akpinar
answered on Sep 13, 2024

A Pennsylvania attorney could advise best, but your question remains open for two weeks. I hope your child is okay. The short answer to your question is that you may also have the right to bring an attorney. The matter may have been resolved at this point, but you could reach out to Pennsylvania... View More

2 Answers | Asked in Estate Planning, Banking and Probate for Pennsylvania on
Q: My name is on my mothers account, with hers. She has passed. How should I handle the account till dispersed

Her name is still on the checking account. This is the only asset. Dispersing monies in Dec after Medicare has had time to review her account and try for reimbursement. Can her name stay on the account, or does it need to be an Estate account so that I do not get taxed on it. If it is an Estate... View More

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Sep 7, 2024

To do the things you want (you do not state the amount involved), you can initiate a probate (to pay estate bills, and PA tax on distributions to you is five percent) if there was a Will, or an Administration if there was no Will.

I've represented financial institutions for decades,...
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2 Answers | Asked in Estate Planning, Banking and Probate for Pennsylvania on
Q: My name is on my mothers account, with hers. She has passed. How should I handle the account till dispersed

Her name is still on the checking account. This is the only asset. Dispersing monies in Dec after Medicare has had time to review her account and try for reimbursement. Can her name stay on the account, or does it need to be an Estate account so that I do not get taxed on it. If it is an Estate... View More

Michael Cherewka
Michael Cherewka
answered on Sep 9, 2024

although you state that your name is on the account, you can be on account as Power of Attorney or authorized signer (Which both expired when your mother passed away), in which case you may have to open an Estate administration to get control of the funds and open an Estate account (depends on how... View More

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1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: I need to have my wife added to a track of land I own in Mifflin county Pa. plus have the amount of acreage corrected.
Mark Scoblionko
Mark Scoblionko
answered on Sep 5, 2024

If there is a mortgage on the property, you will first need the lender’s consent. You will have to hire a surveyor to prepare a new legal description. You should then have a lawyer prepare a new deed for you, which, after execution, can be recorded. The new deed should include both the old and... View More

1 Answer | Asked in Estate Planning for Pennsylvania on
Q: My counsel met with opposing attorney & judge in chambers & agreed to something I disagree with. Do I have to accept it?

I wasn't there at the time they met. I arrived after everything was over. I was never consulted. I am opposed to what was agreed to. What are my options?

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

Your lawyer is only your representative, and cannot bind you to anything with which you do not agree.

Get a full explanation of what happened, and after that, explain your position. If counsel balks at your position, you have an absolute right to terminate that attorney and engage another...
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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....
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1 Answer | Asked in Employment Law and Contracts for Pennsylvania on
Q: A small nonprofit is trying to cut my pay to profit the owner under threat of termination. What can I do?

The nonprofit is a stakeholder in an after school program I work for that gained grants through the Department of Human Services to operate in a school district. The grant proposal specifies my pay, and the director/owner is trying to claim 20% of my hourly pay, claiming that she has not been... View More

Joseph Korsak
Joseph Korsak
answered on Aug 31, 2024

I do not believe that the mentioning of your wage jn the grant app gives you any vested rights. Unless you have a written contract for a specific term, you are an at-will employee. As such, an employer can change the terms of employment at any time.

You should be looking for other...
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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 Traffic Tickets and Car Accidents for Pennsylvania on
Q: How do you win a he said she said case
Tim Akpinar
Tim Akpinar
answered on Aug 26, 2024

A Pennsylvania attorney could advise best, but your question remains open for a week. This is an open-ended question - the answer could fill volumes, based on tactics used in court for impeaching witnesses. These could be found under state and federal rules of evidence.

The short answer to...
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2 Answers | Asked in Trademark and Intellectual Property for Pennsylvania on
Q: What Rights can I exclude over trademark name WeatherShield Inc?

My Uncle and his associates started a Company in PA Called "WeatherShield, Inc" in 1976 w/ a soon registered DBA of AllWeatherShield for phone book listings. The business was Selling and Installing Siding, windows, Doors, and Insulation Services. What Rights can I push to capture too... View More

Alan Harrison
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Alan Harrison pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 15, 2024

Your ability to expand and protect the WEATHER SHIELD mark nationally will be affected by whether there already are other national or regional brands that have been using similar marks for similar goods or services. Your scope of protection will be limited to goods and services for which you have... View More

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1 Answer | Asked in Bankruptcy and Collections for Pennsylvania on
Q: what about credit card debt when you are dead?
Tim Akpinar
Tim Akpinar
answered on Aug 7, 2024

A Pennsylvania attorney could advise best, but your question remains open for three weeks. You could try reposting under "Collection," and "Bankruptcy." The question may have been overlooked under in the "Uncategorized" heading. Some questions do go unanswered here,... View More

1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: Soon filing for chapter 7 but before I do I am getting a new vehicle, my Dad is co-sign. Is tgis a terrible idea?

The current vehicle I don’t want stuck with for 7 years with ch 7 b/c it’s worth more than what’s owed.

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

Getting a new vehicle before filing for Chapter 7 bankruptcy can be risky. When you file for Chapter 7, your assets, including a new car, become part of the bankruptcy estate. The trustee might view the new vehicle as an attempt to protect an asset from creditors, which could complicate your... 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 Bankruptcy for Pennsylvania on
Q: Bankruptcy lawyer dropped the ball?!

I have an open chapter 13 bankruptcy. I spoke with my lawyers office several months ago about purchasing a home. They explained that I would need to make closing 45 days from the contract. I went under contract on 6/25. Lawyers office said they needed my payment and mortgage paperwork by 6/26 for a... View More

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

You may have grounds for a legal malpractice claim against your attorney if you can prove they were negligent in handling your case. Documenting all your communications and the timeline of events is crucial. The fact that they delayed filing and miscalculated your payments for three years could be... View More

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