W. J. Winterstein Jr.

A solo practitioner, I work from a home office in Boyertown, PA, about 30 miles from center-city Philadelphia, and most of my cases are litigated in Philadelphia and Reading courts. With the assistance of local counsel, I also handle matters in Delaware. I have over 30 years experience in both state and federal courts; bankruptcy and mortgage foreclosure/workout are a large part of my practice. There isn't much I haven't seen, or done.
Currently rated "Distinguished" by the "gold standard" of lawyer ratings.
PLEASE CONTACT ME BY EMAIL FIRST, as that is my preference, and more reliable for each of us.

• General Civil

• Free Consultation
  I am happy to chat with you about your issues, for no charge, for up to one hour.

Pennsylvania

Disciplinary Board of the Supreme Court of Pennsylvania

Since 1991

Attorney

Law Office of W.J. Winterstein, Jr.

1976 - Current

Over 30 years experience in bankruptcy reorganizations, out of court workouts, debtor/creditor, civil practice in all state and federal courts in PA, OK, with practice encompassing NJ and DE through local counsel. Admitted to Third Circuit, Tenth Circuit, and U.S. Supreme Court, and all lower courts in PA.

Oklahoma City University School of Law

J.D.

1974 - 1976

Honors: Graduated with honors, 2nd of 208, 1976

BV Rated

Martindale-Hubbell

2016

PA Bar Association

member

2007 - Current

Eastern district of PA Bankruptcy Conference

Member

1992 - Current

Q. I put up a title for a loan, but the title was sent back to me by mistake, what could the title company do ?

December 27, 2024

A: I've had cases where such a lender goes to non-bankruptcy court with a plea of either unilateral or mutual mistake, and gets the title back by court order, but no damages award.

You don't state the value of the auto. If your fiscal problems are serious, speak to an experienced NC lawyer about a personal bankruptcy. In a bankruptcy court, without a perfected lien against the auto, it has a dischargeable (in whole or part) claim, and you enjoy the car's value.

Q. I inherited a 403b, do I have to pay the inheritance tax back to the estate?

December 22, 2024

A: You seem to be a well-informed person.

You give short shrift to underlying, probably important, facts, however.

For instance, does the aunt's Will pass the 403b interest to you?

Such obligations are usually contractual, between the decedent and the purchaser (aunt?), naming you as payee. If that's the fact here, then most probably, as you say in an immediately preceding post, the 403b interest will be considered a non-probate legacy, and non-taxable at the PA inheritance tax rate.

Confer with an experienced PA attorney who has some knowledge of the assigned probate judge in the decedent's county.

Q. NJ Siblings need to set up an LLC for a vacation house in PA and need to know proper protocol and procedures.

December 19, 2024

A: While I think it possible that your sibling misunderstood that the tax preparer (CPA?) actually said, in forty-years of practice, I have never heard of a PA law or rule governing or limiting who may draft LLC documents (other than perhaps the PA Bar, which governs who may practice law within PA).

On the contrary, the legal burden is upon the one or more who actually sign any such submitted documents (other than perhaps for provable malpractice of the scrivener).

While a PA lawyer may be more familiar (just by location), many if not most NJ lawyers are licensed to practice in PA (they take both bar exams upon graduation from law school) and vice versa, a NJ lawyer who undertakes to prepare such docs and application is presumably competent to do so.

Bottom line- without having reviewed the work of the NJ lawyer, you should be fine. If you or your siblings are uneasy, you are certainly free to engage PA counsel to review any work/docs prior to filing. ... Read More