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Marshall D. Chriswell

Marshall Chriswell’s Answers

99 total


  • Am i legally responsible to pay for a extermination of bugs or is my landlord responsible?

    I have a bed bug issue, so I contacted my landlord and he called pest control they came out, gave an estimate and they are not treating the issue. My landlord now claims that I am responsible for the payment of the treatment because they didnt hav...

    Marshall’s Answer

    In my experience, the responsibility is shared: the landlord has been held responsible for extermination costs. However, bedbugs are complicated to get rid of. Exterminators often require that all of the clothes and linens be removed from the premises while the extermination is done. Further, all of the linens and clothing should be washed in extremely high heat or dry-cleaned if necessary before returning them to the premises. This can be time-consuming and expensive, but it is usually the tenant's responsibility.

    Also, if other tenants in your building don't comply, you will be dealing with this issue again and again.

    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 
  • 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?

    My adoptive father recently passed away, I discovered there was a will, but that I was left out of the will. Is there anything I can do about it?

    Marshall’s Answer

    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.

    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 
  • If my wife were to add my name to the deed of her house. Would I be intitled to moneys if we were to devorice?

    The house would also have her two sons of legal age added also. It is currently in her name only right now., We have been married for 5 years and I have paid half of all rents and have put my own money into repairs to the tune of $5,000. What ar...

    Marshall’s Answer

    You should speak with a family/matrimonial lawyer about this issue. The general rule is that assets and debts belonging to one spouse at the time of marriage is NOT marital property, meaning that it will not be subject to equitable distribution at the time of divorce. However, the increase or decrease in value of an asset is marital property. Also, solely owned property can become marital property by putting the title in joint names.

    Again, this is complicated. You should not rely on the above as legal advice. See an attorney 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 
  • Hi me and my daughters father has joint custody and he has broken the custody order so many times. whatcanido i dont have money

    he has been in and out of jail for five years all for assault charges toward other people. he does not get her when he is suposed to only when he wants even holidays. he fights with me all the time he thinks he is the boss. i have had our child 95...

    Marshall’s Answer

    Contact your local Legal Aid office. Find them at www.palawhelp.org.

    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 
  • Roommate broke our lease, what do we do?

    3 of us signed a 1 year lease, the 1 roommate got fired and left the apartment without giving us notice, 3 months into the lease, the other 2 of us cant afford rent on our own and our landlord is taking us to court for decembers rent, what can we ...

    Marshall’s Answer

    Because all three of you signed the lease, you are "jointly and severally liable," meaning that your landlord can collect the rent from one or all of you. Your remedy would be to sue your ex-roommate for contribution (his 1/3 of the rent and any other costs incurred). However, this may not be worth your time if the amount of money is small and your ex-roommate doesn't have the funds.

    My suggestion is to reach a settlement with your landlord and find a more affordable place to live. You should also contact your local legal aid office and ask if they handle landlord-tenant matters. Here is a link: www.palawhelp.org.

    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 
  • If parent dies, does children take over in grandparents will

    if my mother dies before grandparents do we take my mothers place in grandparents will

    Marshall’s Answer

    This depends on the language in the will.

    Marshall Chriswell
    724-465-5826

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  • Do I have to clean the carpet & walls of an apartment after living there for 7 years in PA?

    I heard that after 7 years a renter is no longer required to clean carpets and walls of an apartment because the carpets have to be replaced and the walls have to be repainted anyways. Can you tell me if this is true? I have been in the same apart...

    Marshall’s Answer

    There is no such law. You should consult your lease and communicate with you're landlord.

    Good Luck.

    Marshall Chriswell

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

    I believe the owner would be person who has the life use and the person listed as the remainderman inherits the house when life use person passes away. Please help me clear this up. Thanks!

    Marshall’s Answer

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

    my mother wants all of her children jointly as agents on her durable power of attoney. Is this legal?

    Marshall’s Answer

    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 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 is the Pa. statute of limitations on inheritance.

    I am a bastard son,who was given my mothers maiden name at birth,father had a wife and family,a few years ago I wanted to contact my father,I ran into my half sister who informed me it would be best to leave him alone and not to cause trouble for ...

    Marshall’s Answer

    It is difficult to answer this question without more information. You should consult a probate/estates attorney as soon as possible.

    In PA, illegitimate children do have inheritance rights from their fathers, but only in certain circumstances: such as where the mother and father subsequently got married, where the father "held" the child out as his own, or if he made support payments, or where paternity can be proven by clear and convincing evidence (such as a prior paternity test).

    Without knowing more, I could not advise you as to whether you have rights to your late father's property.

    If you father had a will, that will is going to control the disposition of his assets. Your rights, if any, only extend to property not disposed of by a valid will.

    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