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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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Biography

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
    Business Contracts, Business Dissolution, Business Finance, Business Formation, Franchising, Mergers & Acquisitions
    Estate Planning
    Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills
    Real Estate Law
    Commercial Real Estate, Condominiums, Easements, Eminent Domain, Homeowners Association, Land Use & Zoning, Mortgages, Residential Real Estate
    Tax Law
    Business Taxes, Estate Tax Planning, Income Taxes, Property Taxes, Sales Taxes, Tax Appeals, Tax Planning
    Probate
    Probate Administration
    Elder Law
Fees
  • Free Consultation
Jurisdictions Admitted to Practice
Pennsylvania
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U.S. Supreme Court
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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.
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Honors: cum laude Woolsack Society
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Bucknell University
B.S. | Accounting
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Honors: cum laude Delta Mu Delta Omicron Delta Kappa College Register
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Awards
Distinguished Service Award
American Heart Association
Professional Associations
Pennsylvania State Bar
Member
Current
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Alliance of Merger & Acquisition Advisors
Member
- Current
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Elder Care Matters Alliance
Member
- Current
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Wealth Counsel
Member
- Current
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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
Pennsylvania Real Estate Broker License
Pennsylvania Bureau of Professional & Occupational Affairs
Websites & Blogs
Website
Cherewka Law
Legal Answers
103 Questions Answered
Q. Hello, my mother has a 401 k with Fidelity. She passed away without a will and I need some kind of small estate
A: Since your mother had a 401k plan, she should have designated you as beneficiary (or one of several beneficiaries) to receive the account. If she did not designate at least one beneficiary, then your mother died Intestate (without a will) and Fidelity is describing a Small Estates Petition in order to permit you to open an estate for your mother so you can get access to the 401k account. Or you (from your short question I am assuming there is no surviving spouse and that you have no siblings) can open an estate administration as the sole surviving heir and be granted Letters of Administration to permit you to get access to the 401k account. While Small Estates Petitions are supposed to be quicker and less complicated than regular estate administrations, in practice in most cases that is not the case, particularly if only dealing with one account like a 401k plan. I would recommend you meet with an estate attorney and determine which process would be quicker and easier for you to understand and administer. In addition to opening an estate, you will have PA Inheritance Taxes to file, and also income tax issues on the 401k plan, so you are not likely going to want to try this without legal assistance.
Q. Am I legally required probate husband's will if he left entire estate to me ?
A: You will need to review the actual language of the Deed to determine how the property is titled. If the Deed lists your name and your husband's name as "husband and wife" or as "tenants by entireties" or as "joint tenants with right of survivorship" then the title passed to you automatically upon your husband's death and you do not have to probate his Will or open an Estate. If the Deed only lists your names but does not identify you as husband and wife or otherwise use the above language then it could be interpreted as Tenants in Common, and you would have to probate the Will and open an Estate to confirm that you have authority to sell the property.
Q. My daughter got married a few days ago. She asked me to sign my will and trust before
A: Not sure why your daughter was rushing you to sign a Will or Trust prior to her wedding. And it is unclear if it is your attorney or her attorney that advised to wait until after the wedding to sign your documents (and has not scheduled the signing yet). I would step back, take a deep breath and make sure the draft Will and Trust accomplish what you want before you sign them, and ask any questions you might have before you sign them. If there are concerns or questions about what happens if you gift assets to your daughter now (after she is married) or if she inherits your assets from you in the future, and then gets divorced at some time in the future, you can revise your draft Will and Trust to deal with that issue (before you sign these new documents), and you can also request that your daughter and her new spouse sign a Post Nuptial Agreement before you sign your new documents.
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Contact & Map
624 North Front Street
Wormleysburg, PA 17043
Telephone: (717) 232-4701
Telephone: (717) 232-4701