Pennsylvania Recent Legal Answers from Lawyers

This is not an uncommon situation.  I have helped people with this very situation.  In fact, in one case not only had the Executor died but so did the original estate attorney.  What you will need to do is to Petition the Register of Wills/Clerk of Orphans Court in the county where probate occurred to be appointed successor to the now deceased Executor.  If successful you will be granted what are called Letters of Administration d.b.n. and that will prove to NJDUP that you areentitled to act on behalf of the estate.  Caution:  by collecting these funds you could trigger an additional probate fee plus additional PA Inheritance Tax.  There are a lot of moving parts to these situations - you probably want to find a probate attorney in your area.  Either search the Find a Lawyer section here on Lawyers.com or contact your county bar association.... Read More

Your post is not completely clear but sounds as if you are looking for help to challenge the validity of a Will or theway the estate is being didtributed to Beneficiaries.  Let me begin by stating that I do not represent Beneficiaries or Heirs on a contingency basis, only hourly.  I am not aware that a contingency fee would be prohibited so it is possible there are attorneys who do so.  I suggest using the Find a Lawyer section of this website or the Daupjin County Bar Association referral service to find a Probate lawyer.  You will then hear from attorneys like me who practice in this area of law who can advise what to do and how fees are structured.... Read More

Yes, you may have a case against the store for negligence and a case against the Dog owner for strict liability. If your daughter is under the age of 18, any settlement would have to be placed into a child's annuity to be disbursed upon her reaching the age of 18. Reach out to one of us to discuss possible contingency fee, which means you pay nothing unless you win the case.    ... Read More

As with many legal issues the short answer to your question is:  It depends.  Whether the landlord can take property in your leased space to satisfy an obligation for unpaid rent depends upon the terms of your lease.  So, a review of the lease would be necessary to determine if the taking was permissible or not.  If the lamdlord took the tablesfor nonpayment of your daughter's rent that seems less likely to be legal but, again, would require a review of both leases - maybe you guaranteed the payment of her rent in your lease and did not realize it.... Read More

The key issue in the transfer of your business to your son is whether or not you are giving it to him or he is buying it from you.  If he is giving it to you then you need to be careful of the possibility of the transfer resulting in the assessment of a gift tax on the transaction.  Gift tax is a tax many people are not even aware of.  Ifthe business is worth more than $17,000 then you may owe gift tax on the transfer.  $17,000 or less is currently exempt from the tax.  You can also structure the transaction to avoid the tax in certain circumstances.  You will also need to ensure that any licenses to operate the business are transferred to your son.  I have represented dozens of business buyers and sellers over the past 20 years so my advice - get an experienced business transactions attorney to help you do this the right way.... Read More

By accepting your money and failing to properly complete the title transfer the seller essentially breached the contract you had to trade your money for the car.  By keeping your money and not completing the paperwork to finish the title transfer an argument can be made that the seller breached a contract or is otherwise obligated to return your money.  If you went to court with it,  he could likely be forced to fix the transfer paperwork or return the money.... Read More

From the summary you've provided it sounds as if the Court may have terminated the case without ruling on certain Preliminary Objections which were still pending.  You mention a lengthy delay - it is possible that during the delay the Court ordered you as Plaintiff through your attorney to move the case forward or face dismissal.  Cases which sit idle with no activity by either party are often dismissed for lack of activity.  To answer with any more certainty would require a thorough review of the court docket.... Read More

I changed the category of your post from Collections to Property Tax Appeals because you did not state that you have been given any collection demands regarding the property tax, only that your escrow for taxes apparently went up.  Your best course of action is probably to appeal the assessment of your property unless there was a general increase in the property tax rates in your area.  If there was a general rate increase that is not really a legal matter but a matter that would have been implemented by your local county commission or school board.  Contesting the assessment is essentially your opportunity to show the appeals board why the value they've placed on your property is too high.  If you prevail the assessed value would be reduced thus reducing the amount of tax and then lowering your escrow payment.... Read More

Since you intend to return and be visaed with the H-1B in Vietnam in December, I see no reason why you cannot fill out the DS-160, submit it, and schedule your visa interview before October 1. A consular officer should just be concerned with whether you are qualified on the date of interview, not whether the H-1B had come into effect at the time that you submitted the DS-160. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read More

You will need to report both the speeding ticket (if the fine was for more than $500) and shoplifhting in your citizenship application. As to whether it will affect your application, I recommend talking to an immigration attorney because they will need to review your criminal records to answer accurately.    Disclaimer:This answer is intended for informational and educational purposes only and should not be considered legal advice nor forming the attorney client relationship. For initial consultation, call at 480-467-3188 or email at admin@cronuslaw.com.... Read More

Inheritance is expressly excluded from the marital estate.  However, non marital assets are relevant to determine how much of the estate each party will receive.  That is the nature of equitable distribution based upon need, separate assets, and earning potential. I trust this answers your question but feel free to call or email on a free initial basis. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read More

The quick answer is, yes.  There are only 3 methods of postponing a tax sale 1) a payment arrangement 2) a successful motion to postpone 3) a bankruptcy. I trust this answers your questions but do not hesitate to call or email on a free initial basis.    Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read More

The rule of thumb is that USCIS will usually backdate the green card one year from the day of issuance in an asylum based green card therefore allowing naturalization at the end of four years instead of five. Since the date on the green card is already backdated one year in most cases, I imagine that the date that you can apply for citizenship is 2026 unless USCIS failed to do the backdating. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read More

If your neighbor damaged your car I would suggest reporting the damage to your insurance company and letting their claims adjuster do the investigating into who is responsible.  If the inverstigator finds that your neighbor caused the damage then the two insurance companies will fight it out over who must pay.  You could also report it to the local police to investigate.  Letting someone else do the sleuthing might save you a lot of time and trouble.  If you take things into your own hands and do it wrong you might give yourself unexpected problems and unnecessary costs.  If the damage is minimal you might just ask the neighbor if he or she saw anything that might help.  You can just pretend you don't know it was them and see if they admit it.  This could lead to a better relationship with the neighbor than accusing them.... Read More

Ensure that you are looking at your direct Green Card for the date. Five years is required before one can apply for U.S. Citizenship so if based off the date you have provided then July 2026 on that date will make it five years. General note: If you have left the contry a lot, note the number of days outside of the United States will/may count against you. Have a legal strategy session with an immigration attorney to ensure that you have no potential issues.... Read More

Yes, you definitely should seek counsel. You will get your charges once your blood work comes back, which can take about a month. So get ahead of it! There are things that you can and should be doing now, which will put you in a position to completely fix this later if you start now. You will be charged, so don't waste the enxt month doing nothing for this. Whenever I have a client get to me early like this, I provide them with a roadmap of exactly what needs to be done, who to contact, and how to do it. The Court and prosecutors love the proactivity down the road and you will put yourself in a position to fix you case. Timing is everything with these cases!... Read More

Divorce, like most civil matters, begins with a complaint.  While the parties may wish to blame each other, as a practical matter, there is no legal reason to do so.  Rather, PA is a no fault state so parties don’t need to prove fault to obtain a divorce decree.  A decree may be issued either by consent or separation for more than one year.  If the former, the parties must wait 90 days after the complaint is served upon the defendant to consent.  I trust this answers some questions but you are welcome to call or email me on a free initial basis. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read More

While I am unsure if a foreclosure complaint has been filed, or you have merely received pre foreclosure notices, you have several options: defend any foreclosure complaint to avoid a default judgment pursue a loan modification which may result in the loan payments being reduced and the arrears being deferred or forgiven in whole or in part a chapter 13 bankruptcy which affords you up to 60 months to repay the arrears on a monthly basis. I trust this answers your questions but do not hesitate to call or email me on a free initial basis. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read More

While inquirers understandably want a specific answer, this question requires more information.  Specifically, I, or any advising counsel, would need to review the stipulation. Having said that, the bankruptcy court usually retains jurisdiction to enforce any such stipulation.  If the creditor claims a default and wishes to enforce, he would have to file a motion to reopen the bankruptcy case for the specific purpose of enforcement.  That would be filed in NJ and NJ counsel would be required at that time.  If the creditor does not follow the proper procedure, he may seek to sue or enforce where you live in PA.   Coincidentally, I was approached by a long time referring attorney (CL in Lansdale) who has a client with a similar issue.  So, that is either an amazing coincidence or I am already aware of the issue and periodically checking on it. I trust this answers your questions but do not hesitate to reach out to me on a free initial basis. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read More

Without more information I cannot answer your question properly.  The answer depends upon what you are trying to protect yourself from.  I would further advise you to be very careful about mixing the loan, the LLC and the leases.  If you are obtaining the loan on the property and the lender is relying at all on the income from the rent to help pay the mortgage back you need to be careful about mixing and matching or you may, in fact, vreate personal liability for yourself that you may think the LLC protects you from.  Find a competent attorney who deals with LLCs and real estate to make sure you've set this up properly.... Read More