Marshall D. Chriswell’s Answers

Marshall D. Chriswell

Indiana Estate Planning Attorney.

Contributor Level 11
  1. I am the executor of my parents estate. Am I required to use the atty who wrote the will to settle the estate?

    Answered 11 months ago.

    1. John B. Whalen Jr.
    2. Marshall D. Chriswell
    3. Paula Brown Sinclair
    4. Josef Arthur Hirschmann III
    5. Kevin H. Pate
    5 lawyer answers

    You have every right to choose your own attorney and negotiate fees. Good Luck. Please remember to mark this answer as “Helpful” or “Best Answer” if appropriate. Thank you. Sincerely, Marshall Chriswell Law Offices of Marshall D. Chriswell 714 Philadelphia St., Suite 200 Indiana, PA 15701 (888) 438-5977 (724) 465-5826 *** Marshall D. Chriswell is a civil practitioner with offices in Indiana and Clearfield Counties. Mr. Chriswell's practice emphasizes Wills &...

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  2. If i agree for an uncontested divorce, am i giving up my rights to my 2 underage children??

    Answered 8 months ago.

    1. Marshall D. Chriswell
    2. Lidia L. Alperovich
    3. Kathryn L. Hilbush
    4. Robin Jean Gray
    4 lawyer answers

    Absolutely not. By agreeing to an uncontested divorce, you are waiving your rights to contest issues related to marital property and alimony. You can bring a custody action at any time before, during or after the divorce. I recommend you seek the advice of a family law attorney. Please remember to mark this answer as “Helpful” or “Best Answer” if appropriate. Thank you.

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  3. If my adoptive father passes away (and he legally adopted me), and left me out of his will am i able to protest the will?

    Answered almost 2 years ago.

    1. Marshall D. Chriswell
    2. Jacob Shad Mason
    3. Eric Jerome Gold
    3 lawyer answers

    Contesting a will is not easy. Unless there is evidence of fraud, forgery, duress, or undue influence, I would say that you are not likely to succeed. And even if there is evidence that your father was influenced or pressured, it is very difficult to prove. That being said, you do have the right to contest the will. If you choose to do so, make sure you consult with an attorney first. Please remember to mark this answer as “Helpful” or “Best Answer” if appropriate. Thank you....

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  4. What exactly is probate & when is it needed?

    Answered almost 2 years ago.

    1. Jay G. Fischer
    2. Marshall D. Chriswell
    3. Paula Brown Sinclair
    3 lawyer answers

    Probate is the legal process of administering the estate of a deceased person, whether the person dies with or without a will. Probate is initiated at the Register of Wills by (usually) a family member or beneficiary who petition to be named as the administrator (or administratrix, if female) of the estate. The administrator, once appointed, is responsible for ensuring the deceased person's assets are safeguarded, the debts and taxes are paid, and the remaining property is distributed to the...

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  5. Deeds for house in Westmoreland co

    Answered 10 months ago.

    1. Marshall D. Chriswell
    2. David James Henry
    3. Alan N Walter
    3 lawyer answers

    You can view deeds online at http://www.co.westmoreland.pa.us

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  6. Is there a time limit from drawing up divorce papers and filing them?

    Answered over 1 year ago.

    1. Marshall D. Chriswell
    2. Randi Joy Silverman
    3. Julie Rebecca Colton
    4. Peggy Margaret Raddatz
    4 lawyer answers

    Once the papers are filed, you have 30 days to serve them on your spouse. I think that is what you are referring to. There are several deadlines in a divorce case, and you should consult an attorney to make sure the proceeding is handled properly. Please remember to mark this answer as “Helpful” or “Best Answer” if appropriate. Thank you. Sincerely, Marshall Chriswell Law Offices of Marshall D. Chriswell 714 Philadelphia St., Suite 200 Indiana, PA 15701 (888) 438-5977...

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  7. How do i add a name to a deed!

    Answered almost 2 years ago.

    1. Brian Edward Sipe
    2. John B. Whalen Jr.
    3. Marshall D. Chriswell
    3 lawyer answers

    Mr. Whalen is correct - there are bigger issues here than just the transfer of the property. If your mother is trying to qualify for medicaid, she should not simply transfer the house to you. This type of a gift can lead to her being ineligible for the program completely for a period of time. You and your mother need to consult with an elder law attorney in your area before doing anything. Please remember to mark this answer as “Helpful” or “Best Answer” if appropriate. Thank you....

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  8. Who is the owner of the house when the deed is worded like this: (Name) as to a life use and (Name) as remainderman

    Answered almost 2 years ago.

    1. Clifford L. Tuttle Jr.
    2. Marshall D. Chriswell
    3. Vincent J. Gallo
    3 lawyer answers

    In essence, you are correct. The person listed first has a "life estate" in the property. He/she generally has exclusive use of the property until death, and then title is vested in the remaindermen. However, there are restrictions on what the "life tenant" can do with the property during their life. Actions that impair the value of the property or the interest of the remaindermen are not permitted, and the remaindermen can seek a court order to oppose them. Please remember to mark this...

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  9. How would i drop a pfa

    Answered almost 2 years ago.

    1. Marshall D. Chriswell
    2. Charles Anthony Rick
    2 lawyer answers

    If you haven't had your hearing yet -- You can show up at the hearing and request that the PFA be dismissed. The judge will ask you a litany of questions. He/she will want to know why you brought the petition in the first place, and if you still fear for your safety. The judge will be especially cautious if there are children listed as Protected Parties. If you already have a Final Order in place, you should contact the clerk of courts to determine the best way forward. I imagine you will...

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  10. Can you have multiple people (jointly) be agents on a durable power of attorney. my mother wants all of her children jointly.

    Answered almost 2 years ago.

    1. Marshall D. Chriswell
    2. James P. Frederick
    3. Lisa Kaye Deselms Dent
    4. Joseph Franklin Pippen Jr.
    4 lawyer answers

    Yes, your mother can name you all as agents, either jointly (you must make all decisions together) or severally (any one of you can make a particular decision). Please remember to mark this answer as “Helpful” or “Best Answer” if appropriate. Thank you. Sincerely, Marshall Chriswell Law Offices of Marshall D. Chriswell 714 Philadelphia St., Suite 200 Indiana, PA 15701 (888) 438-5977 (724) 465-5826 *** Marshall D. Chriswell is a civil practitioner with offices in...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful