Marshall D. Chriswell’s Answers

Marshall D. Chriswell

Indiana Estate Planning Attorney.

Contributor Level 11
  1. Can a person who lives in a residence (owned by another) over 30 years, seek an easement upon the land by prescription ?

    Answered over 1 year ago.

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

    You would have to file a quiet title action in court, and establish that you meet all of the requirements for adverse possession. If the court determines that you have had exclusive, continuous, hostile, and open possession for over 21 years, then you may be able to obtain ownership to the property. You posted this under the landlord/tenant category. Is that because you are a tenant? Did you ever have a lease or permission to use the property from the owner? If you are or were there with...

    1 lawyer agreed with this answer

  2. My aunt died last year and left a home to her heirs ( grandchildren). the home still have a mortgage on it and there is no will

    Answered over 1 year ago.

    1. Marshall D. Chriswell
    1 lawyer answer

    The appropriate action in your situation is for the owner of the property to file a lawsuit for ejectment. If the property has been deeded to you by the estate, then you are the owner, and would file the lawsuit. If the property is still owned by the estate, then the estate would need to sue. If the action for ejectment is successful, the court will issue an order of possession to the property owner, and then the owner could have the sheriff remove the squatters. If the "squatters" are...

    1 lawyer agreed with this answer

  3. How do i collect $8,500 in back rent in Pa.

    Answered over 1 year ago.

    1. Marshall D. Chriswell
    1 lawyer answer

    We need more facts to answer this question. Please tell us who filed for disability (the tenant?) and why you believe someone is entitled to back rent. Why is the disability filing related to the rent payments? 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'...

    1 lawyer agreed with this answer

  4. If my landlord has not payed me for the repairs i payed out of pocket and is threatening to evict me what can i do?

    Answered over 1 year ago.

    1. Marshall D. Chriswell
    1 lawyer answer

    One option is to withhold the $600.00 from your monthly rent payment. This will likely result in your landlord attempting to evict you (you say that she is threatening to do that already, but you don't say why). In order to have you evicted, your landlord must give you proper notice and must file a case with the Magisterial District Court to obtain an order for possession. She cannot just kick you out. You will be given the opportunity for a hearing prior to being evicted. At that hearing,...

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  5. I have a question about estate administration where accounts are held jointly, but not with right to survivorship

    Answered over 1 year ago.

    1. Marshall D. Chriswell
    2. Rebecca Sarah Berdugo
    3. John B. Whalen Jr.
    3 lawyer answers

    You should consult with a probate attorney. Particularly, have them look at the exact language on the bank accounts to determine whether the account is held with survivorship rights (the bank may not use those words exactly). 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 ***...

    1 lawyer agreed with this answer

  6. What does it mean when 2 people are on a deed thas says,

    Answered over 1 year ago.

    1. Michael W. Aitken
    2. Kristina Street Hatcher
    3. Marshall D. Chriswell
    3 lawyer answers

    I agree with my colleagues. Joint Tenancy with the Right of Survivorship means that when one owner dies, that owner's interest will pass to the other joint owners, NOT the deceased owner's heirs. It also means that one of the owners will have a difficult time conveying or mortgaging his/her interest in the property without the consent of the other joint owners. Please remember to mark this answer as “Helpful” or “Best Answer” if appropriate. Thank you. Sincerely, Marshall Chriswell...

    1 lawyer agreed with this answer

  7. I rented an apartment as-is. Are there any different laws for my situation that I need to be aware of?

    Answered over 1 year ago.

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

    You should provide your landlord with a list of defects/damages that you find in the apartment upon moving in. Include pictures with the list and keep a copy of everything. Even though you are renting "as is," your landlord still has an obligation to provide you with a habitable dwelling. If conditions exist or arise which may affect your health or safety (or that of other residents in your unit), make sure that your landlord is notified immediately to make repairs. Sincerely,...

    1 lawyer agreed with this answer

  8. My mother died recently and did have a will which stipulated 3 belongings go to my sister and the rest is split.

    Answered over 1 year ago.

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

    I am sorry for your loss. I agree with Attorney Whalen. You should seek the assistance of an attorney to probate your mother's will. Opening an estate is important for many reasons, including to extinguish the claims of creditors, including liens for medical assistance, which, if present, can be substantial. The attorney will also assist you with filing an inheritance tax return (and, if necessary a federal estate tax return) to ensure that the necessary death taxes are paid on time and in full....

    1 lawyer agreed with this answer

  9. Eviction - no written notice just voicemail left on a cell phone a week ago asking for me to out by Oct 1

    Answered over 1 year ago.

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

    Your landlord must provide you written notice of eviction (often called a "notice to quit"). If the eviction is for failure to pay rent, then the landlord must provide you notice at least 10 days prior to the eviction date. If the eviction is for breach of lease (other than the failure to pay rent), the landlord must provide you notice at least 15 days prior to the eviction date. If you do not believe the landlord has grounds for eviction, you may remain in the dwelling after the eviction...

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  10. How long does it take once estate has been sent to probate court for final distribution to occur?

    Answered over 1 year ago.

    1. John B. Whalen Jr.
    2. Marshall D. Chriswell
    3. Donald Joseph Quinn II
    3 lawyer answers

    Yes, depending on the circumstances, six to nine months is usually a reasonable estimate to wrap up a small estate. I understand that it seems like a long time; however, the executor and the estate's attorney have a lot to do in that period. For example, they must identify and collect all of the estate assets, then ascertain all of the debts of the estate, and ensure they are paid. Paying the debts may involve selling real or personal property, and this can obviously take time. Additionally,...

    1 lawyer agreed with this answer