Marshall D. Chriswell’s Answers

I would recommend contacting the bar association for the county where her lawyer practiced. They may be able to tell you which lawyer took over his practice when he retired or passed away. That attorney may have possession of the file. It is also possible that the will is on file at the courthouse, depending on New Jersey procedure, with which I am not familiar. Good luck, Marshall Chriswell

Attorneys on this site cannot provide guidance when they know a person is already represented. Simply put, I would seek consultation with another estate planning attorney if you (or the person you are writing for) is uncomfortable with their current lawyer. 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-...

Yes, if the child at the daycare when he arrives is a Protected Party in the PFA, then this is a violation (particularly if he showed back up at the daycare after knowing that your daughter was present. You should contact the police. 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...

You must probate the will at the register of wills. It is not already on file at the courthouse just because it was drafted by an attorney. You should really consider hiring a probate attorney (maybe the attorney who drew up the will?). It's not that expensive usually, and always worth it to make sure things are done right. Please remember to mark this answer as “Helpful” or “Best Answer” if appropriate. Thank you. Sincerely, Marshall Chriswell Law Offices of Marshall D. Chriswell...

The short answer is no. If your father-in-law did not leave a will, then an administrator should be appointed to handle his estate. To accomplish this, an interested person (usually a beneficiary) will file a petition for "Letters of Administration" at the Register of Wills in the county where your father-in-law resided at his death. If multiple individuals file Petitions to be an administrator, then the Orphan's court will appoint one or more of them to serve. An administrator has...

You should see a real estate lawyer as soon as possible. Depending on the structure of your agreement, you might have an equitable interest in the property - meaning that the landlord would have to foreclose on the property rather than just evict you as if it were a regular landlord/tenant relationship. This will give you more legal protections and much more time. Further, no matter how the relationship is interpreted (lease or mortgage), you still have a right to cure the default, by...

You will have two significant problems making an argument for adverse possession: First, the time for adverse possession in PA is 21 years, and your uncle has only been in possession for 19 years. However, even if he would manage to stay on the property for another two years, he would not likely succeed in obtaining the property under adverse possession. This is because his initial possession was undertaken with the permission of your great uncle. Adverse possession must be "hostile," that is,...

You and your girlfriend should show up on the day of the hearing and let the judge or his/her clerk know that you both want to dismiss the PFA's. The judge may still bring you into the courtroom and ask you both questions about why you want the PFAs dismissed and if you both feel safe enough to do so. 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....

See the PA Department of Health website: http://www.portal.state.pa.us/portal/server.pt/community/death_certificates/ You will find instructions and a form. Good Luck, Marshall Chriswell Please remember to mark this answer as “Helpful” or “Best Answer” if appropriate. Thank you. 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...

You can actually acquire ownership to the piece of property you have been using, if you meet the requirements for adverse possession. In order to do so, you will have to prove that you have had continuous, open, exclusive possession for over 20 years, and that you were doing so WITHOUT the permission of the true owner. If you and the landowner have an agreement that you can use the property, then you will not be able to obtain it through adverse possession, and yes - he has the right to...