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Michael Cherewka
Law Office of Michael Cherewka
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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
Videos
Legal Answers
128 Questions Answered
- Q. My mother’s home was sold 7 months prior to her passing. Do we have to go through probate because it was <1 year?
- A: Based on your summary there would be no probate ()assuming that mother had no other assets in her name).
The 1 year lookback you appear to be referring to is for PA Inheritance Tax purposes. If the house was sold to an unrelated 3rd party then the house is not included in tehe Estate assets for PA Inheritance Tax purposes. However, you mention right at the end that the funds from the sale of the house were deposited into a Joint savings account. There are separate rules for joint accounts and how they are taxed for the PA Inheritance Tax. And a caution on those rules is that since the funds were deposited into that joint account within one year of the date of death that may increase the ... Read More
- Q. My father passed without making a will. How do we figure out who gets what. He has a retirement and stock and property
- A: THe situation you are describing, dying without a Will, is known as Intestacy in Pennsylvania. Since your father did not have a Will, the surviving spouse is generally not entitled to all of the Estate assets. However, the three assets which you described, retirement accounts, stock accounts and property, can all either have beneficiary designations or be held in joint name with the surviving spouse, in which case those designations control the transfer of the assets and they are not included in the Estate. If you believe you and your siblings might be entitled to receive some of the assets you should consult with an experienced estate attorney to look into the matter for you.
- Q. Hello, my husband has a will with me asbeneficiary of tangible assets and our minor child as one on who gets his inherit
- A: Your description does not include enough details to give you clear answers, but you do refer to your "husband", so if there is not a divorce at issue, as the surviving spouse and since this child is from your marriage, you have the right to elect against a will as you describe in your question so that you get a certain minimum amount of the estate and then a percentage of the estate in excess of that minimum goes to you and the balance goes to your child.
Unless there are other issues with child custody not included in your summary your husband's will cannot create a guardian for your child while you are surviving.
You will want to meet with an experience estate attorney ... Read More
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