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Marshall D. Chriswell

Marshall Chriswell’s Answers

99 total


  • 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?

    This person had no children and named three nieces and nephews beneficiaries in her will. The CA lawyer has requested a complete list of living relatives even though these people are not named in the will. He also advised that he will charge the ...

    Marshall’s Answer

    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) 438-5977
    (724) 465-5826

    ***

    Marshall D. Chriswell is a civil practitioner with offices in Indiana and Clearfield Counties. Mr. Chriswell's practice emphasizes Wills & Estate Planning, Probate, Real Estate, and general civil disputes.

    ***

    Mr. Chriswell provides free initial consultations, and will gladly meet clients in their homes upon request, including on the evenings or weekends.

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

    The PFA covers me, my two children and my mother. He has been coming to the daycare with his new girlfriend to pickup her daughter. Is this a violation of the PFA since he is not to have contact with my children? I gave the daycare a copy of th...

    Marshall’s Answer

    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

    ***

    Marshall D. Chriswell is a civil practitioner with offices in Indiana and Clearfield Counties. Mr. Chriswell's practice emphasizes Wills & Estate Planning, Probate, Real Estate, and general civil disputes.

    ***

    Mr. Chriswell provides free initial consultations, and will gladly meet clients in their homes upon request, including on the evenings or weekends.

    See question 
  • What do you do when you lose all forms of identification?

    Lost social security card, birth certificate and never had a state id. Where do I begin?

    Marshall’s Answer

    Contact the PA Department of Vital Records for a new birth certificate: http://www.portal.health.state.pa.us/portal/server.pt/community/birth_and_death_certificates/11596

    Contact your local Social Security Office for a new social security card: https://secure.ssa.gov/apps6z/FOLO/fo001.jsp

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  • 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?

    We are not doing probate because it's a small estate. I learned that the power of attorney is not valid now because of death. Since the will names me executor, is that valid, or does it have to be "official" thru the register of wills? Since done...

    Marshall’s Answer

    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
    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 & Estate Planning, Probate, Real Estate, and general civil disputes.

    ***

    Mr. Chriswell provides free initial consultations, and will gladly meet clients in their homes upon request, including on the evenings or weekends.

    See question 
  • I'm trying to have POA (medical)for my mother over my step father(6 years married) what rights do I have?

    He does not make right choices

    Marshall’s Answer

    If your stepfather has legal capacity (mentally sound enough to make decisions), then he can appoint either you or your mother as his healthcare agent, meaning that the appointed person could make healthcare decisions for him if he were unable or unwilling to do so himself.

    If he lacks capacity to sign the Healthcare POA, then you or your mother would need to institute a guardianship proceeding in court. If successful, you would get a court order giving the guardian the power to make those decisions on his behalf.

    In my opinion, you need an attorney.

    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 & Estate Planning, Probate, Real Estate, and general civil disputes.

    ***

    Mr. Chriswell provides free initial consultations, and will gladly meet clients in their homes upon request, including on the evenings or weekends.

    See question 
  • Tenant Landlord issues , tenant abandoned apartment and let all of their stuff behind, what is the procedure for this issue?

    We have a tenant that abandoned the apartment and left with out any of their thinks

    Marshall’s Answer

    I recently addressed this topic in a blog post. Here its the link:

    http://westernpalawyer.com/pennsylvania-landlord-tenant-law-act-129-sets-new-rules-for-tenants-abandoned-property/

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  • Neighbors mule keep getting out tearing up my yard . want fixed civil suite cost 98.00 im not pay that everytime . + repairs

    pa. state police wont do anything - humane leaque wont - farmer is amish - the bishop can only talk to him about - onknown out come - dist. judge want me to spend my money and file - if i did that everytime i would have spent thousands in filing w...

    Marshall’s Answer

    If you win a lawsuit at the District Judge, the other party will usually have to pay your court costs as well as Amy damages awarded by the court. If you can't work things out by talking to your neighbor, then a lawsuit is the best way to get his attention.

    Marshall Chriswell
    www.westernpalawyer.com

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  • How would i drop a pfa

    its against my step mother for domestic violence

    Marshall’s Answer

    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 have to file a motion and the judge will want to hold a hearing to address the issues I set forth above.

    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 & Estate Planning, Probate, Real Estate, and general civil disputes.

    ***

    Mr. Chriswell provides free initial consultations, and will gladly meet clients in their homes upon request, including on the evenings or weekends.

    See question 
  • Can we fight eviction without notice to comply?

    Our landlord served us with eviction papers from his lawyer today. We are 14 days late on rent, and have it in hand today to pay him, late fees and all. We were not served with any written notices to comply and correct any violations. It has n...

    Marshall’s Answer

    If the case were to go to court, you would be able to pay the full amount to avoid eviction. The landlord and/or the attorney will know this. Therefore you should contact them and let them know you are prepared to bring the account current. If they accept payment, make sure you get written acknowledgement that you have paid (you should always get rent receipts) and that you account is current as of the current month.

    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 & Estate Planning, Probate, Real Estate, and general civil disputes.

    ***

    Mr. Chriswell provides free initial consultations, and will gladly meet clients in their homes upon request, including on the evenings or weekends.

    See question 
  • How do i add a name to a deed!

    aging mother has will to leaave me the house. needs home health aid too much on assests.

    Marshall’s Answer

    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.

    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 & Estate Planning, Probate, Real Estate, and general civil disputes.

    ***

    Mr. Chriswell provides free initial consultations, and will gladly meet clients in their homes upon request, including on the evenings or weekends.

    See question