Mark Scoblionko

Mark Scoblionko

Scoblionko, Scoblionko, Muir & Melman
  • Business Law, Construction Law, Health Care Law...
  • Pennsylvania
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Claimed Lawyer ProfileQ&A
Summary

Native of the Lehigh Valley. Has been the President of Scoblionko, Scoblionko, Muir & Melman since 1975. Married to Deena since 1964; two children, three grandchildren. 2012 recipient of the Lifetime Service Award from Jewish Federation of the Lehigh Valley. Certified as "Civil Trial Advocate" by National Board of Trial Advocacy. Focuses on civil litigation, business and corporate law, real estate.

Practice Areas
  • Business Law
  • Construction Law
  • Health Care Law
  • Insurance Claims
  • Medical Malpractice
  • Nursing Home Abuse & Neglect
Fees
  • Free Consultation
  • Credit Cards Accepted
    VISA, MasterCard
  • Contingent Fees
    (For personal injury matters)
Jurisdictions Admitted to Practice
Pennsylvania
Languages
  • English: Spoken, Written
Professional Experience
Scoblionko, Scoblionko, Muir & Melman
- Current
Education
University of Michigan - Ann Arbor
J.D. / Law
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Honors: Graduated with Honors
Activities: Assistant Editor, University of Michigan Law Review; Research Assistant, Constitutional Law
Cornell University
B.A. / English
-
Awards
Lifetime Service Award
Jewish Federation of the Lehigh Valley
Awarded upon retirement from the Board of the Jewish Federation
Professional Associations
Member
Pennsylvania State Bar
Current
Member
Lehigh County Bar Association
Current
Member
American Bar Association
Current
Member
Pennsylvania Association for Justice
Current
Member
American Association for Justice
Current
Counsel
Jewish Day School of the Lehigh Valley
- Current
Activities: Provide pro bono services, including financing, contracts, general litigation.
Counsel
Jewish Community Center of Allentown
- Current
Activities: Provide pro bono legal services in a variety of areas, including financing and real estate.
President
Jewish Day School of Lehigh Valley Supporting foundation/Endowment
- Current
Activities: Provide endowment support for Jewish Day School of the Lehigh Valley
Board Member/Vice President
Jewish Federation of the Lehigh Valley
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Activities: Served as Vice President, Campaign Chair, and Co-Chair of Strategic Planning; Performed merger of Federations in Lehigh and Northampton Counties
Publications
Articles & Publications
Notes
Michigan Law Review
Certifications
Civil Trial Advocate
National Board of Trial Advocacy
Websites & Blogs
Website
Website
Legal Answers
106 Questions Answered

Q. My son and I partnered on a house, the deed in his name only. No mortgage. How do I as his Mother add my name to deed?
A: You need to speak to a lawyer to determine if you want to own the house as tenants in common or as joint tenants. If as tenants in common, each owns half, each can sell that half, and, if one dies, the share of the decedent will pass by Will. If as joint tenants, each owns an undivided share of the whole. If someone dies, the survivor receives sole ownership. Once you decide what you want, a lawyer can prepare an appropriate deed.
Q. I am the executor of my husband's estate. Once I sell the house and mortgage takes their portion, will they mail my chec
A: What ordinarily occurs is that there is a settlement at a title company. The title company will send a check to the mortgage company and will hand you a check for the net proceeds. However, if there was no Will, you are the "Administratrix," not the "Executrix," and, if there are children, they would be entitled to a percentage of the net sale proceeds as a matter of law, irrespective of whether they have a "right to the house." However, although you did not mention it, if you and your husband owned the house together, which is the more usual situation, the house passes outright to you by survivorship and has nothing to do with the estate or your role as Administratrix. Under those circumstances, any children have no right to a portion of the net proceeds.
Q. I'm executor to a home with debt on it. It's in bad shape and can't be financed traditionally by buyers. What can I do?
A: This is very complicated and you will have to work with a lawyer to accomplish this. Probably, you can set this up under an Installment Sale Agreement. This obligates them to buy, but you would retain title until they are ready to pay the balance due. The first issue is whether this is permitted under your existing mortgage, and a lawyer would have to review the mortgage with you to determine that. Secondly, the Agreement would have to be recorded to protect the buyer. If the buyer defaults, you would have to sue to clear the title, which is time consuming and expensive. Third, you would have to work out a system so that both the buyer and seller are assured that the mortgage payments are being made. Fourth, you would need to understand that this is not really taking the property off your hands. The estate continues to hold legal title and is responsible for everything that goes with it. While you may have an agreement with the buyer, if the buyer defaults, the property, and its problems, comes back to you. As indicated, you need the assistance of a lawyer to handle this.
Q. I have been living with my significant other for 16 years. He recently passed away on July 4 2016 he had two children.
A: In order to be appointed Administratrix, you will need to get the children to sign renunciation forms. You could then sell his cars. The life insurance and 401K will pass based on any beneficiary designation forms your significant other completed. If there are none, they will pass to his estate with the proceeds from the sale of the cars. Anything in the estate, however, will pass to the children, and you will receive nothing from the estate, in the absence of a Will, irrespective of whether or not the children had any contact with him. Consequently, you may conclude that you do not wish to open an estate just to benefit his children. You will need to consult a lawyer to handle this for you.
Q. My dad died 8 years ago. in his will, he left his home to me but i never transferred the deed.
A: You must probate the Will and open an estate. The named Executor in the Will (presumably you) can then execute a deed to transfer the property. Inheritance tax, which should have been paid after your father died, will now have to be paid. There will be interest and penalties, which could be significant. You need to consult a lawyer immediately to help you open an estate and to deal with the problems you will be facing.
Q. is it possible for me to get a HELOC in my situation?
A: This is a question better directed to a bank. However, I suspect that you will be told that you need to own the home before you can apply for a HELOC. If so, that would mean that the house would have to be distributed to you by the estate, which must happen at some point anyway. At that point, it becomes a matter of the strength of the collateral and your credit, but this is a question better directed to a bank.
Q. My ex boyfriend and i own a house as joint owners with right of survivorship. He moved out a year and a half ago.
A: You need to either negotiate with him to buy out his half of the property or engage a lawyer to file a lawsuit for partition. That will initially attempt to force a private sale between you or, if not successful, force a sale of the house by auction or through a broker. This can be a time consuming and expensive process, so, as a general proposition, especially if you want to keep the house, your best bet would be to try to negotiate with him to buy out his interest. You need to consult a lawyer to assist you with all this.
Q. My father passed away in Pennsylvania without a will. His girlfriend is living in house. I want access/inventory assets
A: Yes, you need to engage a lawyer to help you open an estate and be appointed "Administrator." The term, "Executor," applies only where there is a Will. As Administrator, you then are responsible for handling the estate and can gain access to the home and force the girlfriend to leave or start paying rent, if you wish.
Q. How do you transfer a deed from Uncle to Nephew?
A: Something must be signed on behalf of your mother. If you have a Power of Attorney, you can sign the deed on her behalf. Your uncle would also have to sign. There will be a two percent transfer tax on the interest being passed to you by your uncle. The interest being passed to you on behalf of your mother bears no transfer tax, as that would be exempt. If either your mother or your uncle die within one year, the interest of the property that was transferred by the decedent will be pulled back into the decedent's estate for assessment of inheritance tax. You would be best advised to file a gift tax return at the end of the calendar year to reflect the gift, even if no gift tax would be owed. You need to consult a lawyer about this.
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