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Donald F. Kohler Jr.

Donald Kohler’s Answers

7 total

  • Estate/Inheritance

    My wife's father passed away, leaving behind an IRA (about $5000). She is the only child and was told that there was no need for a will since everything would go to her. Prior to his death, he put his bank accounts in both his and her names, but...

    Donald’s Answer

    There are two issues that need to be addressed, probate and inheritance taxes. First, the bank accounts may be part of the Probate Estate and they could be taxable. The date on which they were made joint is important, and how the account was titled (after it was made joint) is also important. With regard to the IRA, he should have named a beneficiary of the account. Technically, the IRA is not a probate asset because it passes to the beneficiary outside of the Estate. However, if the Decedent failed to name a beneficiary of the IRA, then the Estate will need to be put through the probate process. Keep in mind that if the Decedent was over the age of 59 1/2, at the time he died, then the IRA is subject to Pennsylvania Inheritance Tax. You should consult with an attorney to go through all of the details of your case.

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  • If I do not have an attorney for a custody case that goes to trial, will the court appoint me a lawyer to represent me?

    I can no longer afford my attorney but I am going through custody court to get shared custody with my child. We have conciliation coming up and the other parent has threatened to take it to trial if the master does not decide in their favor. If I ...

    Donald’s Answer

    Unfortunately, the Court will not assign an attorney to you. However, you may qualify for free legal representaion by Legal Aid of Southeast Pennsylvania or the Access to Justice Program of the Chester County Bar Association. Contact Legal Aid by calling its intake line at 877-429-5994. If you do not qualify for Legal Aid, but you qualify for Access to Justice, then Legal Aid will refer you to the Access to Justice Program.

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  • Can I somehow get a form that i signed stating that i agreed to having no alimony after my husband and i separated dismissed?

    My husband drafted up a form stating that since we were seperated and maybe heading for divorce he would owe me no alimony-I signed it and we got it notarized here in PA. Can I get out of this paper that he made me sign as I was under great distr...

    Donald’s Answer

    The specific language of the document will dictate whether it is an enforceable waiver of support. For example, under the agreement, did you receive something such as a promise or money in exchange for the waiver of support? Your best bet is to take a copy of the agreement to an attorney for review. Many divorce lawyers offer free initial consultations.

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  • Can i collect paid money on a camper they reneged on..

    We had a verbal agreement with a campground owner where we stayed to purchase a camper from therm & make monthly payments..The total price was $6,000.00 We paid approx $5,000. on it but were late on a few payments.. They verbally told us that was ...

    Donald’s Answer

    I believe you have grounds to recover your funds. You can proceed under a Breach of Contract claim and a claim for Unjust Enrichment. Consult with a local attorney to discuss the specific details of your case and your potential remedies.

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  • Hi I would like to know what would I have to do. My parents took out a home equity loan for me to to purchase a house.

    But the house had to be put under there name. So since I paid the home equity loan my mom wants to put it under my name how would i do this. Need help.

    Donald’s Answer

    When you ask about putting it under your name, are you referring to the house or the loan? If you are referring to the house, is there a mortgage? If so, whose name is it in?

    If there is no mortgage on the house or the mortgage is in your name and your Mother's name, then you can transfer the house from your Mom to you via Deed. If there is a mortgage and it's in your mother's name only, you will likely need to refinance the mortgage and transfer the house to your name via Deed, at the time you settle on the refinance.

    You should consult with a local attorney. Make sure you have take copies of all the paperwork related to the loan(s) and the deed to your consultation.

    Your identification has Philadelphia as your location, so I have included a link to the Philadelphia Bar Associations's Lawyer Referral Service.

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  • What dose it mean when a Constable is looking for you

    I owe income taxes to the IRS. I have arranged monthly payment plain with them for the past year. I found a business card from a Constable. I called him and he explained to me that the letter was from some town taxes. Is he here to arrest me or gi...

    Donald’s Answer

    It is unlikely that he intends to arrest you. In Pennsylvania, Constables serve papers, in addition to their other duties. He will likely serve you with a notice, as he indicated. Or he may serve you with original process (a complaint) in a civil action.

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  • How does co-owning a house (and mortgage) work post-divorce?

    My wife and I are in the process of a mutual no-contest divorce. She moved out in October and stopped contributing to the mortgage. Our divorce proceedings through LegalZoom indicate that I will retain the house and be responsible for the mortgage...

    Donald’s Answer

    • Selected as best answer

    You should contact a local attorney to review the documents you prepared on legal zoom. If you wrote a property settlement agreement, it should be reviewed before you sign it. There are certain components of a property settlement agreement that must be included in order for it to be effective. They concern your rights and responsibilities for past debts and future debts, and your interests in each other's property.

    I cannot comment on the house, without seeing the specific terms of your agreement. However, I do not believe your mortgage company would allow for a quit claim deed. From my experience, most mortgages require satisfaction of debt, before you or she can transfer your interest. It may be willing to release her from her obligation on the mortgage, but I have never seen that happen.

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