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Michael Cherewka

Michael Cherewka

Law Office of Michael Cherewka
  • Business Law, Estate Planning, Real Estate Law...
  • Pennsylvania
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Summary

With my background in accounting as well as law, I can share my unique background and experience when working with individuals, families and small and mid-size businesses in the areas of estate planning, taxation, corporations and business planning, business acquisitions and sales, succession planning, business exit strategies and real estate.

Practice Areas
  • Business Law
  • Estate Planning
  • Real Estate Law
  • Tax Law
  • Probate
Fees
  • Free Consultation
Jurisdictions Admitted to Practice
Pennsylvania
Languages
  • English: Spoken, Written
Professional Experience
Owner
Law Office of Michael Cherewka
- Current
Owner of law firm dedicated to Estate Planning, Trusts and Estates Administration, Business Planning for small to mid-tier businesses including choice of entity, acquisitions and sales, business exit strategies and succession planning
Education
Dickinson School of Law
J.D.
-
Honors: cum laude Woolsack Society
Bucknell University
B.S. | Accounting
-
Honors: cum laude Delta Mu Delta Omicron Delta Kappa College Register
Awards
Distinguished Service Award
American Heart Association
Professional Associations
Pennsylvania State Bar
Member
Current
Alliance of Merger & Acquisition Advisors
Member
- Current
Elder Care Matters Alliance
Member
- Current
Wealth Counsel
Member
- Current
Publications
Articles & Publications
Strictly Business
Quantum Press
Speaking Engagements
How To Close An Estate, Mechanicsburg , Pennsylvania
Pennsylvania Bar Institute
Handling Real Estate Transactions From Start to Finish, Harrisburg , Pennsylvania
National Business Institute
Certifications
VA Accredited Attorney
United States Department of Veterans Affairs
Websites & Blogs
Website
Cherewka Law
Legal Answers
10 Questions Answered

Q. Are deceased sibling's children now "issues" to an uncle's intestate estate in PA entitled to funds therefrom?
A: It is unclear from your summary whether your mother had a Will or not. These are very fact intensive and time sensitive issues. In general, based on your description above, if your mother was alive when your uncle died, and your mother was a beneficiary of his estate at the time of his death, then your mother died after your uncle, but before his estate was distributed, your mother's estate would receive the distributions from your uncle's estate. You state above that you were not a beneficiary of your mother's estate. If I read that to mean that your mother had a Will, and you were disinherited under her Will, then you would not share in her estate (or her share of your uncle's estate). If your mother died without a will (intestate), then you would be a beneficiary of her estate and thus might be entitled to a share of your uncle's estate. This is not as easy question and will require a meeting with an estate attorney and a detailed review of your uncle's estate and your mother's estate.
Q. Distribution of intestate PA estate from uncle to nieces and nephews. He had no wife, children, parents, or siblings.
A: Under the circumstances you describe, since your mother survived your uncle, she was entitled to her share of your uncle's Estate when he died, and once she died any distributions from your uncle's estate would typically be made to your mother's estate. There are some limited exceptions to this general rule. You may want to consult an attorney to see if any apply in this case.
Q. I am a neighbor to a woman here in pa..
A: I am not sure there is a question here ? The Power of Attorney only allows the daughter to take actions on behalf of her mother.
Q. will splits property 50/50 with my bro but than sets value of her farm at a low rate gives bro right of 1st refusal
A: It is unclear from this summary if this is a Will and a separate agreement which is a combination of a sale and gift, or if this is all set forth in a Will. In general there is nothing wrong with a partial sale/partial gift, but as you have described it there are a lot of questions regarding if there are other provisions to equalize the estate if your brother exercises the right, who pays the inheritance taxes on the value of the property, etc. since your Mother expressed an intent for the estate to be split 50/50. You would definitely want to have this reviewed by an attorney on your behalf.
Q. DOES A HANDWRITTEN WILL BY A FAMILY MEMBER OF A DECEASED PERSON SUPERSEDE THE RIGHTS OF A SPOUSE IN PENNSYLVANIA?
A: There are too many unanswered questions at this point. You need to visit with an attorney familiar with probate process as soon as possible. If , as you describe, the brother hand wrote the Will, then it probably does not qualify as a valid Will in PA. You then have to look at the PA Intestacy Law to determine your husband's heirs. If he has no children, it sounds like a small estate and you would be the primary, and possibly the only heir.
Q. Myself and siblings are admins on my mothers estate.
A: There is not enough information to provide you with an Answer. You should first review the language of the Will with an attorney to determine beneficiaries. If no Will, then it is not likely that your children are heirs and sister cannot force that type of distribution. You have several options, once of which may be to file a Petition to remove your sister as an co-Administrator if she continues to obstruct the distributions.
Q. What are the steps I have to take to take over control of a business from a relative who's not an immediate member of my
A: There are
Q. FIL passed-no will.He let gf live rent-free in house.She also has a car in his name.Can we evict&sell car?he left debt.
A: You will need to engage, or at least meet with , an attorney familiar with PA estate administration. You may want to evaluate the amount of the assets left and the amount of debt before you get involved in an administration. PA has a statute that addresses administrative expenses and payment of creditors for insolvent estates. You would have no personal liability, but this could be very time consuming.
Q. How long does it take to close an estate in Pa ?
A: Generally in Pennsylvania it takes 9 months to 1 year to settle a "simple" estate. Inheritance tax is due at 9 months. If there are known debts, or the possibility of unknown debts, we will often wait until 1 year after the Legal Notices have been published to make sure that all debts are satisfied or otherwise taken care of. It is not unusual for Estates to remain open longer if there is real estate, small businesses, unusual assets (some limited partnerships ) or a lawsuit involved. It is not clear from your question who the Executor is, but that individual should be able at this stage to tell you why the Estate is still open and how much longer they expect the administration to last.
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Contact & Map
624 North Front Street
Wormleysburg, PA 17043
USA
Telephone: (717) 232-4701
Telephone: (717) 232-4701