Michael Cherewka

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.

• Business Law
• Estate Planning
• Real Estate Law
• Tax Law
• Probate

• Free Consultation

Pennsylvania

Owner

Law Office of Michael Cherewka

1989 - 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

Dickinson School of Law

J.D.

1978 - 1981

Honors: cum laude Woolsack Society

Bucknell University

B.S. / Accounting

1973 - 1978

Honors: cum laude Delta Mu Delta Omicron Delta Kappa College Register

Distinguished Service Award

American Heart Association

1997

Pennsylvania State Bar

Member

Current

Alliance of Merger & Acquisition Advisors

Member

2015 - Current

Elder Care Matters Alliance

Member

2014 - Current

Wealth Counsel

Member

1997 - Current

Strictly Business

Quantum Press

2002

How To Close An Estate, Mechanicsburg , Pennsylvania

August 12, 2016

Pennsylvania Bar Institute

Handling Real Estate Transactions From Start to Finish, Harrisburg , Pennsylvania

April 18, 2017

National Business Institute

VA Accredited Attorney

United States Department of Veterans Affairs

Q. DOES A HANDWRITTEN WILL BY A FAMILY MEMBER OF A DECEASED PERSON SUPERSEDE THE RIGHTS OF A SPOUSE IN PENNSYLVANIA?

21 August 2017

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.

17 August 2017

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

22 May 2017

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.

22 May 2017

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 ?

15 May 2017

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.

Q. Our mother just passed away and left her paid off home to divide between their 4 kids,it just sold

11 May 2017

A: If your mother had established domicile in Florida prior to her death and assuming this is not a Federal taxable Estate, then there should be no inheritance or estate taxes due . Usually when property is included in Estate it will get a step up in basis of the property equal to the fair market value on the date death. If the property is sold at or below that value, then there would be no gain so no income tax due on the sale. If property is sold at a higher value there would be income tax due on the gain since the date of death. The executor should meet with an attorney or CPA to determine if better to recognize any gain on an income tax return for the estate or to distribute the gain to the beneficiaries. Since in Florida may be better to put any gain on the Estate's return.