Pennsylvania Questions & Answers

Q: A person marries a person who already owns a property and the non owners name is not added to ownership of property.

1 Answer | Asked in Real Estate Law and Probate for Pennsylvania on
Answered on May 26, 2017

The non-owner has neither rights nor obligations, just by virtue of being the decedent's spouse. Thus, the non-owner is not responsible for the property, but the non-owner also has no right to continue to occupy it and would have to move out.

However, if an estate is opened and the property is distributed under the intestate laws (since there was no Will), the property would pass to the surviving spouse and any children of the deceased spouse. At that point, because of the...
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Q: If a adult is on probation for assaulting a minor that lives in the same home.

1 Answer | Asked in Family Law, Child Custody, Child Support and Criminal Law for Pennsylvania on
Answered on May 26, 2017

Depends on the conditions of the probation. If there is a no contact provision the answer is no. The best person to ask a question like this is the attorney who handled the case. They will be most familiar with the conditions of the probation imposed.
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Q: Many years ago a PA attorney told us that we could force a sale of the property we own with another party. How?

3 Answers | Asked in Real Estate Law for Pennsylvania on
Answered on May 26, 2017

Start a partition action in the county court where the property is located and seek the relief of sale.

With a partition action a court can order to divide up a concurrent estate (joint ownership) into separate portions representing the proportionate interests of the tenants (tenants in common) and each share can be separately sold or deeded.

Generally speaking court's recognize that joint owners or tenants in common don't want to remain bound to each other and they can order an...
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Q: My husband & I own a cottage in PA with one other person. All names are on deed. Ownership in common. How can we sell?

1 Answer | Asked in Real Estate Law for Pennsylvania on
Answered on May 25, 2017

If the three of you agree to sell, you can sell. If there is no unanimous agreement, you cannot sell.
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Q: Recent separation from girlfriend. Filled out papers for each of us to sign stating custody and visitation arrangements.

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Answered on May 25, 2017

If she won't sign, or negotiate a reasonable schedule, the next step would be to file a custody complaint with the Court. Even after starting the process, you and she can still try to come to an agreement, but I wouldn't want to wait too long before starting the process.
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Q: I recently sold my home, the mortgage payoff amount was off my roughly 6000.00. Who is responsible?

1 Answer | Asked in Real Estate Law for Pennsylvania on
Answered on May 24, 2017

Ordinarily, the title company requests a pay-off letter. A seller usually has either an amortization schedule or an interest statement from the preceding end of year, which should show the outstanding mortgage balance. Those can be used as approximations of the balance at closing date to compare to the pay-off letter. Additionally, the seller can request his/her own pay-off letter.
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Q: Does real estate transfer tax apply to joint tenancy survivor if sold to lineal descendant of deceased joint tenant?

1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for Pennsylvania on
Answered on May 24, 2017

When your father died, the property automatically passed to you by right of survivorship, if you have correctly stated that you and your father owned the property as joint tenants, not as tenants in common. The fact that his name is still on the deed is irrelevant. Therefore, the conveyance to your nephew is a conveyance from you, alone, and the entire conveyance would be subject to transfer tax since a conveyance to one's nephew is not an exempt transfer.
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Q: As a salaried employee, if I work 1 day a week, am i entitled to a full weeks pay?

1 Answer | Asked in Employment Law for Pennsylvania on
Answered on May 23, 2017
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Q: How do I find legal advice regarding car shop negligence?

1 Answer | Asked in Consumer Law for Pennsylvania on
Answered on May 23, 2017

You have to show what went wrong, what it costs to remedy it, and have a mechanic willing to say that the other shop did it.Then send a request for payment of the repair costs, then go to small claims.
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Q: can you get an MD with a criminal record?

1 Answer | Asked in Criminal Law for Pennsylvania on
Answered on May 23, 2017

Depends exactly what section he plead guilty under. He should check licensing requirements.
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Q: Is a lawyer required when purchasing an estate house in PA due to the fact there will be no disclosure doc

1 Answer | Asked in Real Estate Law for Pennsylvania on
Answered on May 23, 2017

No but it's a good idea so you know your rights. Your title company may want it.
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Q: I live in Pa and was served divorce papers on May 20 2017 how long do I have to retain a lawyer

1 Answer | Asked in Divorce for Pennsylvania on
Answered on May 23, 2017

Unlike most civil cases in Divorce you don't HAVE to file an answer--but there are times when it is advisable to do that.You should contact an attorney who handles divorces ASAP.
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Q: my son married november 2016 in florida.. spouse has history of mental illnness. pregnant march 2017. mental flareup.

1 Answer | Asked in Family Law for Pennsylvania on
Answered on May 23, 2017

Generally he'd just get a divorce. Cause is no longer needed.
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Q: Can landlord make me get rid of my cats?

1 Answer | Asked in Landlord - Tenant for Pennsylvania on
Answered on May 23, 2017

If they are on the lease, no, unless the lease provision says they have to be quiet.
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Q: Can a sheriff come onto posted private property without a warrant or permission?

1 Answer | Asked in Real Estate Law for Pennsylvania on
Answered on May 23, 2017

Possibly depending on what part of your property they came onto and for what purpose. But it's posted so short answer is no.
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Q: If a image of me that is detrimental to my reputation and encompasses bullying is posted on social media, can I sue?

1 Answer | Asked in Internet Law and Libel & Slander for Pennsylvania on
Answered on May 23, 2017

If you wrote to him on facebook and he put it up, not much you can do. Ask the provider to take it down.

Without knowing what it is, hard to say--but I can tell you suing him will cost you lots of money and time and not get you anywhere.
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Q: If someone gets injured on their property because there's a noise from my property, am I liable?

1 Answer | Asked in Personal Injury for Pennsylvania on
Answered on May 23, 2017

No, though as they asked if it's a whole bunch of shots as in your buddies coming over let them know; if it's you going after varmints, no.
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Q: Trade 2 baby guinea pigs for a baby rabbit!

1 Answer | Asked in Animal / Dog Law and Wrongful Death for Pennsylvania on
Answered on May 23, 2017

It was a trade. He traded a sick animal. You took the sick animal. He should give you the value of your guinea pigs back.
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Q: Can you get a citation mailed to you in state of PA if it wasnt issued on the spot of accident?

1 Answer | Asked in Car Accidents and Traffic Tickets for Pennsylvania on
Answered on May 23, 2017

Yes and Yes.

Not sure why they didn't write it up on the spot, but if you run off the road the implication is you 1)weren't paying attention or 2)fell asleep at the wheel or 3)driving distracted or 4).......driving too fast for conditions (which is what "unsafe speed" is about).
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Q: Received a traffic citation in the mail from an accident 2.5 months ago. Can the PA State trooper do that?

2 Answers | Asked in Car Accidents and Traffic Tickets for Pennsylvania on
Answered on May 23, 2017

1)plan on fighting it--staties don't settle. Look for an attorney who handles cases in that DJ court. Sucks but it's better than points. 2)Reason you got it is likely you crashed on a highway, so presumption is your speed too high--otherwise you wouldn't have crashed.
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