Jonathan H. Stanwood’s Answers

Jonathan H. Stanwood

Philadelphia Real Estate Attorney.

Contributor Level 9
  1. Why do I have to sign a renunciation form?

    Answered over 1 year ago.

    1. Cynthia A McNicholas
    2. Charles Adam Shultz
    3. Jonathan H. Stanwood
    4. James P. Frederick
    4 lawyer answers

    As Ms. Mcnichonas points out, they are probably asking you to sign a renunciation which is different than a disclaimer (huge difference). The renunciation gives up your right to jointly administer the estate; the disclaimer gives up your right to claim under the estate. Again, big difference. Tell her you're happy to consider signing the form if she provides you with a copy and the opportunity to review it with your attorney.

    7 lawyers agreed with this answer

  2. I'm benificary and only child on moms will,on house deed it says the grantee and her heirs and assigns.am I the heir?

    Answered 9 months ago.

    1. Jonathan H. Stanwood
    2. Michael Ian Werner
    3. Stuart Mitchell Roseman
    3 lawyer answers

    I think you may have conflated two concepts, but that's okay because it's an important distinction. As the grantee on a deed, your mother, her heirs and assigns received title to real property. That language "her heirs and assigns" means that she owns it fully, without limitation (which is good) and it allows her to sell it or bequeath it. If, however, your mother was the grantee on a deed but it said, "as joint tenants with the right of survivorship," or "for life," for example, that would...

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  3. Can I pursue an adverse possession claim against the government? The redevelopment authority says I can't.

    Answered 10 months ago.

    1. Jonathan H. Stanwood
    2. Michael W. Aitken
    3. Timothy Patrick Brennan
    3 lawyer answers

    While you cannot pursue an adverse possession claim against property owned by the state or federal government, you may be able to pursue it against political subdivisions. The LGC website has an instructive fact sheet which may further answer your question. Follow the link I have posted for further reading.

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  4. Is it better to pay off old debts or file bankruptcy? (The debts are mainly from 2006-2008 however, a few are more recent).

    Answered 10 months ago.

    1. Emily S. Gomez
    2. Jonathan H. Stanwood
    3. James V. Monaghan
    4. Gary D. Bollinger
    5. Shaye Larkin
    6. ···
    6 lawyer answers

    I agree with most of the comments of my colleagues - which means that you have many options. I'll add a few things: 1) Even if a debt is beyond the statute of limitations, you could still be sued for it. It's not likely but if suit is brought and you do not respond and raise the defense that it's beyond the statute of limitations, you could end up with an enforceable judgment against you. Also, I represented a married couple who filed bankruptcy. Within about two years of their discharge,...

    4 lawyers agreed with this answer

  5. What should I do to prevent eviction ?

    Answered over 1 year ago.

    1. Jonathan H. Stanwood
    2. Michael W. Aitken
    2 lawyer answers

    A couple of quick thoughts: 1) Show up in court - see if you can work something out. 2) Consider taking an appeal if a judgment is entered against you. 3) Consider a bankruptcy filing

    4 lawyers agreed with this answer

  6. Taking over fathers home so he can retire. Can I pay his monthly mortgage pymt or do I need to buy the home? He will live w me.

    Answered 9 months ago.

    1. Jonathan H. Stanwood
    2. James S. Tupitza
    3. Robert John Carey
    3 lawyer answers

    To answer your last question in the simplest way, yes you can. But make sure your understanding is clear with your father and wife about what the payments will cover and ultimately what will happen to it upon satisfaction of the mortgage or his death, etc. For example, what would stop him from conveying it to his new girlfriend half his age who sweeps him off his feet next year? Even if he promises the house to you what assurance do you have that it will happen that way (not much)? You...

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  7. My tenant was evicted by a sheriff since February. I just received a lengthy letter from her lawyer claiming she needs her stuff

    Answered about 2 years ago.

    1. Jonathan H. Stanwood
    2. Nicholas Bernard Proy
    3. Charles Anthony Rick
    3 lawyer answers

    The answer is a little too complicated to answer here, in part because I need more information. You have a limited duty to keep and return her items to her, but if she has abandoned them, that duty can expire. When the abandonment occurs is not a clear time, however. There are also other issues concerning the damage to the property and the status of the security deposit.

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  8. A limb of a tree located on the property line of my property fell in my neighbors yard and caused some damage. Am I liable?

    Answered about 1 year ago.

    1. Jonathan H. Stanwood
    2. Steven Andrew Krieger
    3. Shawn B Alexander
    3 lawyer answers

    This is an interesting question and I say no, you are not. Or I would at least take that position if I were you. Why should you be if the tree is on both sides of your properties? Isn't it as much his tree as yours? And did you have notice that it was defective? If the tree were fully on your property and there was no reasonable indication that it was dangerous, you probably wouldn't be responsible. Also, the neighbor can remove any limbs hanging over his property line. Find and read...

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  9. I'm purchasing a self storage facility, do i have to honor contracts that the current owner has with the tenants?

    Answered 6 months ago.

    1. Jonathan H. Stanwood
    2. Stephen Joseph Cipolla
    3. Linda Yin Liang
    4. Richard Glenn Elie
    4 lawyer answers

    Generally speaking, yes you do. The seller cannot give you more rights than it has, so you take subject to those obligations. You should make sure that you get a full and accurate accounting of any security deposits and advance payments.

    3 lawyers agreed with this answer

  10. I need a bankruptcy attorney.

    Answered over 1 year ago.

    1. Nicole M Hauptman
    2. Michael Anthony Cataldo
    3. James V. Monaghan
    4. Jonathan H. Stanwood
    4 lawyer answers

    Consult with an attorney as soon as possible, but use the bankruptcy filing like a trump card - when it's needed. Good luck.

    3 lawyers agreed with this answer