Free Consultation: (610) 434-7138Tap to Call This Lawyer
Mark Scoblionko

Mark Scoblionko

Scoblionko, Scoblionko, Muir & Melman
  • Business Law, Insurance Claims, Medical Malpractice...
  • Pennsylvania
Badges
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 personal injury and commercial litigation, business and corporate law, real estate.

Practice Areas
  • Business Law
  • Insurance Claims
  • Medical Malpractice
  • Personal Injury
  • Products Liability
  • Health Care Law
  • Nursing Home Abuse & Neglect
  • Construction Law
Additional Practice Area
  • Automobile Accidents
Fees
  • Free Consultation
  • Credit Cards Accepted
    VISA, MasterCard
  • Contingent Fees
    (For personal injury matters)
Jurisdictions Admitted to Practice
Pennsylvania
3rd Circuit
U.S. Supreme Court
Languages
  • English: Spoken, Written
Professional Experience
Scoblionko, Scoblionko, Muir & Melman
- Current
Education
University of Michigan - Ann Arbor
J.D. / Law
-
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
Pennsylvania State Bar
Member
Current
Lehigh County Bar Association
Member
Current
American Bar Association
Member
Current
Pennsylvania Association for Justice
Member
Current
American Association for Justice
Member
Current
Jewish Day School of the Lehigh Valley
Counsel
- Current
Activities: Provide pro bono services, including financing, contracts, general litigation.
Jewish Community Center of Allentown
Counsel
- Current
Activities: Provide pro bono legal services in a variety of areas, including financing and real estate.
Jewish Day School of Lehigh Valley Supporting foundation/Endowment
President
- Current
Activities: Provide endowment support for Jewish Day School of the Lehigh Valley
Jewish Federation of the Lehigh Valley
Board Member/Vice President
-
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
171 Questions Answered

Q. My husband passed. Only his name is on the deed for a parcel of land in PA. Can I sell it without opening an estate?
A: You will need to open an estate, as only the Executrix/Administratrix can execute a deed.
Q. Please Help Me. I was added to a deed before my dad passed away. The Real Estate Lawyer Was Paid, But never recorded it.
A: Your question is not clear, but I will do my best with the facts as I understand them. First, I gather that the property was in the names of your father and mother. At one point, your father, without your mother, tried to add your name to the deed. That deed was lost and never recorded. However, since your mother did not join in that deed, it would have been a nullity. If I misunderstood, and your mother did join in the deed, since the deed was lost, you can just forget about it anyway. When your father died, if your mother was on the deed, the property would have passed to her by right of survivorship. Your mother had a deed written to convey the property to you, or to add you, but that deed was never recorded and has also been lost. You can also forget about that deed, since it was lost. However, if you know who the lawyer was and if your mother signed the deed before she died, and if you can locate the deed, it may be able to be recorded now, even though she has died. If not, since your mother has since died, you will need to go to a lawyer to open an estate for your mother. If she had a Will, the designated person will be appointed Executor/Executrix. The property would then be disposed of in accordance with the Will. If she had no Will, you can be appointed Administratrix. The property would then pass to you and, if applicable, any siblings (assuming that she did not remarry after your father's death). The Administrator/Administratrix or Executor/Executrix would have to execute a new deed, which would be prepared by the lawyer handling the estate. You will need to consult a lawyer to handle this for you.
Q. we both are on the deed but only my critically ill husband is on the mtg loan.
A: If you and your husband are both on the deed and own the property as tenants by the entireties, which, unless otherwise stated, is the way that you would own the property if you acquired it while you were married, the property would automatically pass to you upon his death. If that is the way you own the home, you and your husband must both be on the Mortgage, since, for a Mortgage to be valid, all owners of the property must sign it. It is possible, although it would be surprising, that only your husband signed the Note, which accompanied the Mortgage. I am assuming that the Note is what you refer to as the "mortgage loan," since the Note is the monetary obligation for what was the loan. If your husband, in fact, is the only one who signed the Note, only he and, after his passing, his estate, is actually liable for the loan evidenced by the Note. However, although you have no liability for the Note, if you do not continue to pay it, the Mortgage holder will foreclose and take your house, which I assume you would not want to happen. If you continue to pay the Note, I expect that the bank will gratefully accept your payments and leave well enough alone, irrespective of whether or not you are liable for its repayment. You should discuss all this with a lawyer since there may be things that you need to do if it will be necessary to open an estate for your husband when he dies. Since the Note will be a debt of the estate, nothing that is a part of the estate (the house is not a part of the estate if it is owned as tenants by the entireties) could be distributed unless the Note is addressed in some fashion.
Q. I need to take my name off of deed and leave my son on live on limited income
A: If there is no Mortgage, you need a lawyer to prepare a deed from you and your son to your son. There will be no transfer tax. If there is a Mortgage, the Mortgage would need to be examined to see if it prohibits such a transfer without the consent of the bank. If there is such a provision, you would need the lawyer to contact the bank to get its consent and then to prepare a consent form to be filed along with the deed.
Q. 2 sisters owned property as JTWROS. 1 died. Filing new deed is realty tax due or is it exempt? If exempt, on what basis?
A: If you are certain that the property was owned jointly, and not as tenants in common, and if you are asking about a deed to the surviving sister, no such deed is required. The passage of title to the surviving sister as a result of the death of the first sister is automatic.
Q. I couldn't see a stop sign due to tree branches and leaves growing over it (from a city park), and that's why I got into
A: You should review this promptly with a lawyer if you wish to consider pursuing it. First, it is required that the municipality be put on formal written notice within thirty days of the incident or your rights are subject to forfeiture. Second, the applicable law says that a municipality may be held liable for negligent care of real property in its possession. However, trees are specifically excluded from the definition of "real property." Thus, if a lawyer concludes that this truly is a case only about trees, you would presumably not be able to have a claim. Additionally, even if you could pursue this, the question is if the municipality was negligent. A lawyer would want to know if other accidents have happened at the intersection, which could weigh on the issue. In short, you need to review this with a lawyer promptly for definitive advice.
Q. How should I handle Pennsylvania Financial Responsibility Assigned Claims Plan(PFRACP)?
A: You should turn this over to your insurance company. If you did not have insurance, you need to consult a lawyer. It is impossible to know for certain without seeing the correspondence, but it sounds like the original letter that you received was for a court date on a traffic citation. That would have nothing to do with the recent notice.
Q. My brother,dad&I owned property as joint tenants,my dad died in 1995. We now want to change to tenants in common,how?
A: A new deed would be prepared, referencing the fact that your father has died, and conveying the property from you and your brother as joint tenants to you and your brother as tenants in common. You can simply recite "one dollar" consideration. You should have a lawyer do the new deed for you, but, so long as there is no mortgage or other lien against the property, it should be fairly easy. If there is a mortgage against the property, you would likely need the consent of the bank, which you are not likely to get.
Q. Regarding my will
A: Your accountant is not correct. A Will must be probated in the state of residence of the testator at the time of the testator' death. Thus, if you reside in Pennsylvania at the time of your death, the Will must be probated here and you have no choice about that. In other words, you cannot include a provision to indicate a probate location. A "sort of exception" to what I have just said arises if there is property, real or personal, located outside of Pennsylvania and for which death taxes may have to be paid. If that occurs, in addition to there being probate proceedings in Pennsylvania, there may have to be what is called an "ancillary administration" in the other state where property is located. Once again, this does not require a special clause in a Will. It is either required by law or it isn't.
Click here to see all answers
Contact & Map
40 S 5th St
Allentown, PA 18101
USA