How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Joseph Rizzo Your Own Question
Joseph Rizzo
Joseph Rizzo,
Category: Family Law
Satisfied Customers: 12
Experience:  managing partner at rizzo and assocates
93736953
Type Your Family Law Question Here...
Joseph Rizzo is online now
A new question is answered every 9 seconds

Good evening, I am a resident of Pennsylvania. My husbands

Customer Question

Good evening, I am a resident of Pennsylvania. My husbands recent passing has lead me to consult an estate counselor. A divorce action had been filed and we had been separated 1 month shy of 2 years. 1 month prior to his passing I requested that my divorce counselor send a settlement offer to move the divorce forward with the understanding that if an agreement could not be reached I would seek the court to handle equitable distribution of marital assets. I'm under a strong impression, although not entirely sure as of yet, that our marital assets will now be probated thru his estate instead. His estate will be entirely insolvent because of a secured loan obtained, without my knowledge or consent, on a marital asset after our separation. Would the 2005 amendment to the Pa divorce code, 23a C.S. 3323 d 1., apply in this situation? If so, would I then be able to file an injunction preventing seizure of the asset based on borrower misrepresentation? Although I was not aware of the fraudulent loan at the time, the settlement offer proposed clearly showed that I was seeking far less than half of our marital property in exchange for his agreement. I certainly appreciate your response and thank you.
Submitted: 11 months ago.
Category: Family Law
Expert:  Joseph Rizzo replied 11 months ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. Yes, 23 Pa.Con.Stat 3323(d) should apply. I don't think you need to file an injunction. Filing a Praecipe to substitute the estate of your husband for your husband and serving the administrator of the estate should be enough to stop the selling of the assets and allow equitable distribution to proceed. Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!
Expert:  Joseph Rizzo replied 11 months ago.
Hello,Is there any other question I can help you with?Joe