Jan Matthew Tamanini’s Answers

Jan Matthew Tamanini

Harrisburg Business Attorney.

Contributor Level 14
  1. If I have a contract for work, does the contract need to be kept on the workplace?

    Answered almost 3 years ago.

    1. Jan Matthew Tamanini
    2. Steven Anderson Leahy
    2 lawyer answers

    If you're asking whether it's "legal" to keep the contract copy off site, a party to a contract may keep it anywhere the party wishes to keep it. If you're asking whether it's "legal" to avoid giving you a copy of your contract, the same likely applies -- unless there's a requirement in the contract itself to store a copy of the contract in a specific location or to provide an additional copy at your request. Even in that situation, not providing you with an additional copy would at most be a...

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  2. Power of Attorney verses Executor of a Will

    Answered almost 4 years ago.

    1. Jan Matthew Tamanini
    2. Alan James Brinkmeier
    2 lawyer answers

    As Mr. Brinkmeyer has indicated, a power of attorney is valid only during the lifetime of the person granting the power. When the grantor dies, the power is no longer valid. The named executor should take the will to the Register of Wills in the county where the deceased person last lived if there is an estate to manage. The Register will examine the will and grant the executor Letters Testamentary, allowing the executor to manage the assets of the estate and carry out the intent of the...

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  3. Small claims - worth it?

    Answered over 4 years ago.

    1. Jan Matthew Tamanini
    2. David G. Sigale
    2 lawyer answers

    The Illinois attorney has given you good advice overall. A couple of things I'll add here: Though PA laws on restraining orders are applicable to domestic violence situations, you may be able to criminally charge the contractor under the laws related to harrassment and terroristic threats (the threats on your life). Contacting the police in the jurisdictions both where the contract work is located and in the area of your home (if you fear contact there) would be absolutely appropriate....

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  4. What happens to the house if a homeowner has no will, is the sole owner of the house, dies and leaves a wife and young child?

    Answered about 2 years ago.

    1. Robert Louis Feliciani III
    2. Jan Matthew Tamanini
    3. Vera Parenti Ancone
    4. Matthew Erik Johnson
    4 lawyer answers

    Note that the Seattle attorney who answered this question has no knowledge of Pennsylvania law. The answers here are the law for Pennsylvania residents who die without a will. When you read answers, look to see whether the attorney answering is licensed in the state from which the question originates. Every state's laws, especially in the estates area, are very different and what's true of one state is likely not the case in any other state. Now to answer your question: If the homeowner...

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  5. My former realtor purchased my home in Sheriff Sale after poor representation. Is it legal?

    Answered over 2 years ago.

    1. Jan Matthew Tamanini
    2. Nancy L. Lanard
    3. James P. Frederick
    3 lawyer answers

    The Mercer County Bar Association has a lawyer referral service that will provide a $25 half-hour initial consultation with someone who practices real estate law to determine whether you might have a claim against your real estate agent. You can get information on the service at http://www.mercerbar.com/LRS_public.htm or call 609-585-6200 Monday through Friday from 9:30a to 3p. In addition to legal action against the agent, you might want to file a complaint against your agent with the...

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  6. My husband just passed and the mortgage was in his name and they will not release any information with out an authorized letter

    Answered over 2 years ago.

    1. Jan Matthew Tamanini
    1 lawyer answer

    To get the house transferred into your name, at minimum you'll have to open an estate with your county register of wills. If you were not on the title as a joint owner and you have either surviving children or either of your husband's parents as survivors (if there were no children), since he had no will, the property -- including your home and its contents, any bank and investment accounts, and any other real or personal property -- must be split between you as surviving spouse and your...

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  7. How do children of a dying parent get power of attorney.

    Answered over 2 years ago.

    1. Joseph M. Masiuk
    2. Steven J. Fromm
    3. Joseph Franklin Pippen Jr.
    4. Jan Matthew Tamanini
    4 lawyer answers

    In addition to what the other attorneys have already said, if the parent is no longer competent to grant a power of attorney, the children would have to petition the local court for guardianship of the parent. This is something you should have an attorney handle for you. Contact the Philadelphia Bar Association's Lawyer Referral Service to get help, giving all of the details of your situation. The service chrges $30 for a half-hour consultation. The website is http://www.philadelphiabarlawyers....

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  8. If a will states for all of my children be treated equally and one gets more does the executrix have the right to make sure

    Answered over 2 years ago.

    1. John Edwin Daniel Larkin
    2. Jan Matthew Tamanini
    3. Sharon Leslee Crommett
    4. James P. Frederick
    4 lawyer answers

    From what you have said in your question, it appears that one child was made a joint owner with right of survivorship -- which means that the house would not have been part of the probate estate, and therefore if the will said that the estate was to be divided equally among the children, unless there was a recognition of the lifetime gift of the house in the will with instructions that the home's value was to be subtracted from that child's share. Of course, as with all of my online answers,...

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  9. As the executrix of my aunts will what rights do I have to get her banking records and her investment records.

    Answered over 2 years ago.

    1. Yvette E. Taylor-Hachoose
    2. Thomas Devlin Begley III
    3. Jan Matthew Tamanini
    4. Mark T. Coulter
    4 lawyer answers

    To supplement the other answers, if you suspect that the individual with your aunt's power of attorney was abusing that power, you may as personal representative of the estate (assuming you have opened the estate) request that the person with the power of attorney provide an accounting for all of the funds in your aunt's accounts. To get the records from the bank and funeral home, present them with short certificates, which you would get from your Register of Wills after opening the estate,...

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  10. My business partner has taken me off the bank accounts and cut me out of all aspects of the business. I own 50% of the corp

    Answered almost 3 years ago.

    1. Nancy L. Lanard
    2. Jan Matthew Tamanini
    3. Jeremiah Kent Jarmin
    3 lawyer answers

    To add to the Georgia attorney's post, if the bank DID allow your partner to unilaterally remove you from the business accounts, you may also have a civil action against the bank for breach of fiduciary duty, provided that your partner did not forge your signature on the bank forms to remove you as a joint owner on the business accounts. And if your partner forged your signature, your partner would be criminally liable for fraud/forgery as well as the potential breach of contract civil...

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