Marshall D. Chriswell’s Answers

Marshall D. Chriswell

Indiana Estate Planning Attorney.

Contributor Level 11
  1. My mother died and left property to my older brother.

    Answered over 1 year ago.

    1. Marshall D. Chriswell
    2. James Paul Coletta
    3. James P. Frederick
    3 lawyer answers

    The answer will depend on the exact in the will, as well as other facts. You should consult with an attorney. Marshall Chriswell Attorney at Law 30 S. Second St. Clearfield, PA 16830 888-438-5977

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Can a person relinquish their rights to be a co-executrix but then name someone to replace them?

    Answered almost 2 years ago.

    1. Jay G. Fischer
    2. Marshall D. Chriswell
    3. Charles Anthony Rick
    3 lawyer answers

    Yes, your mother may file a renunciation with the Register of Wills, and in that document she may recommend that her daughter be appointed instead. The final decision will, however, be up to the court. 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...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Where can I find on line documents for legal protection for unmarried couples for Pennsylvania ?

    Answered over 1 year ago.

    1. Marshall D. Chriswell
    2. Levi Samuel Wolf
    3. Stewart C Crawford Jr.
    3 lawyer answers

    These issues are too important to "do it yourself" with the help of a website. At the very least, you need to have wills, financial and healthcare powers of attorney. To ensure they are drafted and executed properly you should seek the advice of an estate planning attorney. Good Luck, Marshall Chriswell

    4 lawyers agreed with this answer

  4. My sister recently died in a fire. she was a resident of new jersey and had a will drawn up but the fire destroyed the house

    Answered over 1 year ago.

    1. Rachel Lea Hunter
    2. Marshall D. Chriswell
    3. Rebecca Sarah Berdugo
    4. John O McManus
    4 lawyer 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

    4 lawyers agreed with this answer

  5. Is it normal in CA for a lawyer to request a list of living relatives to the deceased even though they're not named in the will?

    Answered over 1 year ago.

    1. Jay G. Fischer
    2. Marshall D. Chriswell
    3. Norman Antonio Stiteler
    4. Eric Jerome Gold
    5. Bruce J. Gary
    5 lawyer answers

    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-...

    4 lawyers agreed with this answer

  6. PFA against my daughter's father. He has recently been at her daycare with new girlfriend. Is this violation of PFA?

    Answered over 1 year ago.

    1. Marshall D. Chriswell
    2. Michelle A. Fioravanti
    3. Todd Adam Spivak
    3 lawyer answers

    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...

    4 lawyers agreed with this answer

  7. My dad has a will and named me executor. Since is was done by attorney, does that mean it's also registered in the courthouse?

    Answered over 1 year ago.

    1. Marshall D. Chriswell
    2. John B. Whalen Jr.
    3. Kathleen Angelica Maloles
    4. James P. Frederick
    4 lawyer answers

    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...

    4 lawyers agreed with this answer

  8. Father in law passed away no will, one siblings name is on the mbile home. other siblings are estranged from father.

    Answered almost 2 years ago.

    1. John B. Whalen Jr.
    2. Joseph M. Masiuk
    3. Marshall D. Chriswell
    4. James P. Frederick
    4 lawyer answers

    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...

    4 lawyers agreed with this answer

  9. I had a rent to own with a landlord, we missed 2 payments and now he sent us a 10 day eviction is there any thing i can do?

    Answered over 1 year ago.

    1. Marshall D. Chriswell
    2. Clifford L. Tuttle Jr.
    3. Gretchen Deborah Sterns
    3 lawyer answers

    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...

    Selected as best answer

  10. Squatters rights/Adverse Possession in PA?

    Answered almost 2 years ago.

    1. Marshall D. Chriswell
    2. James S. Tupitza
    2 lawyer answers

    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,...

    Selected as best answer