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Pennsylvania Family Law Questions & Answers
1 Answer | Asked in Family Law for Pennsylvania on
Q: Is a Pennsylvania self uniting marriage legally recognized in all 50 states as would a traditional marriage?
T. Augustus Claus
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answered on Oct 25, 2023

Yes, a Pennsylvania self-uniting marriage is legally recognized in all 50 states. The Full Faith and Credit Clause of the U.S. Constitution requires all states to recognize valid marriages performed in other states. For personalized legal advice tailored to your unique circumstances, it's... View More

2 Answers | Asked in Family Law and Probate for Pennsylvania on
Q: I have a question about my deceased fathers life insurance policy and who receives benefits if no beneficiaries
T. Augustus Claus
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answered on Oct 24, 2023

In Pennsylvania, if a life insurance policy does not have designated beneficiaries, the benefits typically become part of the deceased's estate. The distribution of these benefits will depend on your father's will or the state's laws of intestacy if he didn't have a will.... View More

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2 Answers | Asked in Family Law and Probate for Pennsylvania on
Q: I have a question about my deceased fathers life insurance policy and who receives benefits if no beneficiaries
Michael Cherewka
Michael Cherewka
answered on Oct 24, 2023

with life insurance policies if there are no named beneficiaries the policy proceeds will be payable to your father's Estate. If your father had a Will, then the Executor named in the Will can probate the Will, open an Estate and then collect the proceeds from the insurance company. If your... View More

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1 Answer | Asked in Estate Planning, Family Law and Social Security for Pennsylvania on
Q: How do we fight dad getting moms ss benefits, when she passes away?

They've not been together since the 1970s but are still legally married. Mom can't afford to file for divorce&even if she did, there's no guarantee dad would agree to it. He doesn't deserve to receive her benefits, she doesn't want him to get them. She wants them to go... View More

James L. Arrasmith
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answered on Oct 15, 2023

I understand your concerns. In the U.S., if your parents are still legally married, your father might be eligible for certain Social Security benefits upon your mother's passing, regardless of their prolonged separation. Your mother's wishes about her benefits cannot change Social... View More

1 Answer | Asked in Child Custody and Family Law for Pennsylvania on
Q: Can a mental health counselor that has treated the mother and father represent just the mother I. A child custody matter

The counselor is a mental health counselor at a center the mother and I both receive treatment at. Now the counselor is acting as a attorney for Mt ex the mother of my 5 yea old son in a custody.matter. she had access to all my personal Imformation. I'm not sure what ti do or who to contact... View More

John Michael Frick
John Michael Frick
answered on Oct 12, 2023

That is an interesting, and somewhat novel, professional ethics question. I would report the individual to the Pennsylvania State Board of Social Workers, Marriage and Family Therapists, and Professional Counselors and to the Pennsylvania State Bar Association and let them sort it out.... View More

1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Q: Ex got house in divorce but im responsible for mortgage she's on deed not mortgage been seven years.

Now she wants me to Fill new paperwork out stating if I pass away the house goes to her why would she need that?

John Michael Frick
John Michael Frick
answered on Oct 5, 2023

She doesn’t need that. The special warranty deed you signed at the time of your divorce already conveys 100% ownership of the house to her.

You might want to investigate if the deed work from your divorce case was properly recorded. It sounds like someone thinks the house is still...
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1 Answer | Asked in Family Law, Social Security, Civil Rights and Juvenile Law for Pennsylvania on
Q: Parent withholding 18-year-old child’s social security card and photo ID

My younger sibling is 18 and graduated high school but is still living with our mom.

My sibling doesn’t have a job or bank account yet. My sibling has a PA photo ID, but our mom insists on keeping it in a “safe place” because she wants to control my sibling. (She refuses to accept... View More

James L. Arrasmith
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answered on Sep 28, 2023

Your sibling can request a replacement Social Security card by providing documents to prove their identity, such as a passport or driver's license. If they don't have those documents, they may need to contact the Social Security Administration for guidance on alternative methods of... View More

1 Answer | Asked in Family Law for Pennsylvania on
Q: Can I sue my grandmother for taking the car I pay matienence on?

She used the stimulus check money to buy me the car. She also gave me $1000 towards a car for my 16th birthday. I have been using the car to transport me from home to work, and my other work too. I work two jobs. She took the car from me and refuses to tell me where it is. I have been putting gas... View More

T. Augustus Claus
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answered on Sep 19, 2023

If the car's title is in your grandmother's name, she is legally recognized as the owner. Paying for maintenance, gas, or other expenses does not necessarily confer ownership rights. That being said, if you can prove with documentation or other evidence that there was an understanding or... View More

1 Answer | Asked in Family Law for Pennsylvania on
Q: Can an illegitimate child compel an alleged father to submit to paternity test in PA? Thanks

As above

T. Augustus Claus
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answered on Aug 30, 2023

in Pennsylvania, if there is a dispute regarding paternity, either the mother, the alleged father, or the child can file a petition with the court to establish paternity. This petition can include a request for genetic testing to determine the biological relationship between the alleged father and... View More

2 Answers | Asked in Estate Planning, Family Law and Real Estate Law for Pennsylvania on
Q: Do my half siblings (we share a deceased father) have any right to my mother's estate?

I am the only full-blooded child of my deceased mother and my mother never adopted my half siblings. Neither of my parents had a will and they bought our house together. My siblings now think they have a share of my mother's estate.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Aug 6, 2023

(Continued) If your mother took full title at your father's death (joint tenancy or tenancy by entireties at his death), then at the later death of mother, you as only child took the entire real estate.

Speak to an experienced PA lawyer about your issues, and share the prior Deeds and...
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2 Answers | Asked in Estate Planning, Family Law and Real Estate Law for Pennsylvania on
Q: Do my half siblings (we share a deceased father) have any right to my mother's estate?

I am the only full-blooded child of my deceased mother and my mother never adopted my half siblings. Neither of my parents had a will and they bought our house together. My siblings now think they have a share of my mother's estate.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Aug 6, 2023

If the parents owned the property as joint tenants with right of survivorship, or as tenants by the entireties, the mother acceded to full ownership of the real property upon the father's death.

If the real estate was owned as tenants in common, and there was no father's Will, the...
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1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Q: In the state of Pennsylvania, If my mother and I own a house together can we lose the house in my divorce?

It would be Philadelphia, PA - to be exact.

Karen  Ulmer
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answered on Jul 28, 2023

Hello. Property that is owned jointly with a third party is still marital, however, if you own it equally with your mom, only half of the property is marital for purposes of divorce. You need to look at your deed. The increase in value of the property during the marriage is what the court can... View More

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Am I able to get visitation rights being my mother refuses to let me see my children?

My mother has full custody of my 2 younger children and she stopped letting me see my to children and blocked me on social media and changed her number without warning

Karen  Ulmer
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answered on Jul 27, 2023

I am sorry to hear of your situation, it must be extremely painful. If your parental rights have not been terminated, you will need to file a Modification of your current custody order if your current custody order does not provide any scheduled visitation for you. Whatever issues you were having... View More

1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Q: My divorce was filed in Potter county by an attorney, I reside in chester My husband won’t sign or acknowledge, what do

I do next. I haven’t had any contacts with him in months. He has not appeared at any spousal or child support hearings

Karen  Ulmer
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answered on Jul 26, 2023

If Potter County requires that he acknowledge and submit to jurisdiction (most likely) then you will need to transfer the action (there is a filing fee) to Chester County and then proceed in the County where you both reside as he is already subject to jurisdiction in Chester County. You can then... View More

1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Q: Does my divorce have to be filed in the same county I was married in in Pennsylvania?

I contacted a lawyer’s office about divorcing my husband (he agrees and does not want to contest anything, we have no kids, and we have no property to split) and they agreed they could help me, I paid them, and the last I spoke to them they are filing the final pipework with the court for the... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Jul 3, 2023

The divorce action does not have to be filed in the county where you were married but should be filed in the county where one of you resides. There are attorneys who will file for the divorce in other counties, such as Potter County, because the filing fees are less but I would not recommend doing... View More

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: What are the steps to take for a mother and father to remove a grandparent from a custody order?
Kathryn Hilbush
Kathryn Hilbush
answered on Jun 24, 2023

Assuming the grandparent doesn't wish to agree to be removed, the parents would have to file a petition to modify the custody order. Before doing so, I strongly suggest that the parents speak with a local attorney experienced in familyu law for a private consultation during which they can... View More

1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Q: What should plaintiff do if defendant does not sign Waiver of notice and Affidavit of consent in a no fault divorce in t
Kathryn Hilbush
Kathryn Hilbush
answered on May 24, 2023

These questions suggest to me that you're trying to handle this divorce without the assistance of an attorney. Briefly, if the other party doesn't wish to sign the Affidavit of Consent, then you have to wait until you've been separated for one year. You'll want to read the court... View More

1 Answer | Asked in Criminal Law, Family Law, Domestic Violence and Sexual Harassment for Pennsylvania on
Q: In Pennsylvania can I do anything about my 38 year old bf trying to sleep with my 17 year old daughter?

I found messages between them and my daughter stated she didn’t want him like that but he keeps trying to pressure and manipulate her into it. I’m also in an emotional psychological abusive relationship and financially trapped and don’t know what to do to get out

Kathryn Hilbush
Kathryn Hilbush
answered on May 15, 2023

Yes, get rid of the boyfriend! Search online for a support group for abused women in your area and see what they can do to help you. Perhaps what he's said is sufficient for filing for a Protection from Abuse Order. You may also want to take the messages to the police and see if there's... View More

2 Answers | Asked in Divorce, Foreclosure and Family Law for Pennsylvania on
Q: Fiance is still on the mortgage to his previous house with his ex

One of my good friends is getting married, however her fiancé is still on the mortgage to his previous house with his ex-wife. She hasn’t paid it in close to a year. If the bank forecloses, and there ends up being a deficit judgement, will that affect my friends home too (assuming they go... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on May 2, 2023

If the new husband is not on the existing deed to your friend's home, and they do are not joint obligors on any other debts, e.g., credit cards, etc., a foreclosure against the "divorce home" should have no legal impact upon your friend's home or mortgage.

To the extent...
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2 Answers | Asked in Divorce, Foreclosure and Family Law for Pennsylvania on
Q: Fiance is still on the mortgage to his previous house with his ex

One of my good friends is getting married, however her fiancé is still on the mortgage to his previous house with his ex-wife. She hasn’t paid it in close to a year. If the bank forecloses, and there ends up being a deficit judgement, will that affect my friends home too (assuming they go... View More

David Kennedy Bifulco
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answered on May 2, 2023

I agree with Mr. Winterstein. Since your friend is not an obligor on the Mortgage the Foreclosure will have no legal effect on her individually. However, if there is a deficiency after the foreclosure and the lender seeks to enforce it against her new husband it could have effects on the... View More

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