Can police search my place like this?

Q: Police found three roaches, a clip and a pack of papers. Did they have a legal search? They were looking for someone and I thought I had to let them in. So, I let them come in, There was like five of them pounding on my door. They found the roaches in my ashtray, next to my bed. They charged me with possession of small amount and drug paraphernalia. I have a district justice hearing in two weeks and I am freaking out That was in July of 2014 and I just now got the charges.

A: Yes, they can take that long to charge you. If you let them in and the contraband was observed in plain view, you have a problem. However, I would review the entire case with a local criminal attorney who is adept in search and seizure law for a thorough opinion. Also, if you are a first offender, you can get out of this with no record. An attorney can advise you on this.

What rights do the children of a previous marriage have if spouse dies?

Q: If you re-marry someone with grown children, can the children inherit something if he dies.  Can they inherit something even though they haven’t seen him in years, and didn’t attend the funeral?

A: If he has a will, it should spell out to whom his estate passes to. If you are a spouse and are not mentioned in the will, you can file a Spousal Election Against Will in the Register of Wills and request and seek a one-third share of certain property of the deceased person acquired during the marriage. If he has no will, the biological children will inherit a share of the estate along with the spouse. As I am not aware of all of the facts here, I strongly suggest you discuss this with a lawyer.

DOES STEP FATHER OWE MY UNPAID MEDICAL BILLS?

Q: Should I take my ex stepfather to court for past unpaid medical bills? I have a past due med bills that the insurance company had written a check for and then sent to the primary name on the insurance (ex- stepfather) that never paid the bill but cashed the check. There is now at a debt collector on my credit, calling me at home and at work. Am I responsible to pay or is there anything I can do to make him pay?

A: Nice guy. There are questions I would need answered before offering my opinion. For example, was he viewed as your legal custodian at the time? Were the checks made out to him with the express purpose of paying your bills? If so, this would make him a guardian/fiduciary of the funds and he therefore misappropriated them. You may have grounds to file a civil suit against him. I would first notify the insurance company and also provide them written notice of what happened. If they don’t seek the money from him, and continue to pursue you, you may have a problem. If they sue you, take the papers immediately to a lawyer. A lawyer can cross-claim against your ex stepfather and bring him into the suit.

Joint tenant liability

Q: Who has to pay for a contract signed by the co-owner of a joint account after he dies? The co-owner of a joint account has signed a contract shortly before he dies. The invoice was received after his death. Does the invoice for such a contract have to be paid from the joint account by the surviving co-owner or from the (probate) estate of the deceased? The joint account was set up by the deceased so that his bills can be paid in case he becomes incapable.

A: I will answer this the way I understand it the question. Generally, the joint account should have nothing to do with the contract. Unless, there was some weird agreement in the contract that it was to be paid from the joint account. When a person dies, property held in their name only, become an asset of their estate. Debts and bills for services provided to them in their name only, are now debts of the estate. Jointly held property, is not part of an estate. If you are the joint account owner with the dead person, the account balance passes to you by operation of law upon his or her death. The joint account surviving tenant can liquidate the account and close it. He or she will need to pay inheritance tax on the deceased’s person’s half.

Can I erase my criminal record?

Q: Is there any way to erase my criminal record or keep it as lowest profile. It could be for a better future? I had made some bad judgments and wanted a better life for my family. Is there anyone that can help? There are 2 convictions that are ruining my life right now and I’m trying my best to move on with my life but it feels like everywhere I go is blocking my path. If there is anyone who can help please feel free to contact me. Thank you.

A: You can only “erase” prior criminal arrest records for felonies and misdemeanors which you were not found guilty of or pleaded guilty to. You can expunge summary convictions after five years of arrest free behavior has passed. You should obtain your criminal history to determine what it consists of. There may be crimes which you were arrested for but not found guilty of or pleaded guilty to. The arrest record related to those charges may be expunged. Plus, you may have summary convictions and if five years has elapsed, you can expunge them. A good starting point is your criminal history from the PA State Police. If you have trouble obtaining it or understanding it, contact an attorney.

I fell and am wondering if I should sue my landlord

Q: I am having a dispute with my landlords over an accident that I had in the house i rent from them. I fell and broke my shoulder. I fell and broke my shoulder and the landlords deny any responsibility. I had the property inspected by the building inspector for the area that I live in and found out that the landlords do not have a certificate of occupancy for the house and he found a number of problems including the fact there was not a complete handrail for the staircase that I fell from. I have a broken shoulder and strained muscles, ligaments and tendons which has limited motion in my entire arm and has produced many problems in taking care of myself including but not limited to showering, dressing and other personal chores. It has also limited my doing my job at work and I have lost hours of paid work time. What can I do?

A: Just because you fall does not mean the landlord is liable. You have to prove that the landlord was negligent in maintaining his building and some this negligence resulted in your injuries. However, based on what you said, you may have a case. You will get nowhere fast trying to get money from the landlord or insurance company on your own. You have two years from the date of the incident to file. Hire a lawyer to review the case.

Can a POA be a paid caregiver?

Q: If a daughter has a power attorney over her parents and has been told that the parents need a caregiver to live at home by a government official and the parents want the daughter to be the paid caregiver instead of a stranger, can the daughter pay herself from their money?   Can she pay a little less than what the agencies charge for 8-16 hours a day? If that is what the parents requested in writing? She also handles all their finances, groceries transportation everything it takes to live because they can’t do any of I on their own. Mother has Alzheimer’s disease and father had a stroke and is paralyzed on one side. Neither drives a car, cook nor can bath themselves, and they smoke cigarettes. (Blawnox, PA)

A: You should really consult with an elder law attorney who is versed in Medicaid law. He or she can review the paperwork and all the details. Generally, if the POA document allows the agent to be a paid caretaker, then such care is authorized. However, I am unsure of who the “government official” is and what specific directives this government person has given. If they feel you personally are qualified to provide this care, and do not need specialized nursing, I assume it is OK. I would highly recommend that you have your care authorized by a written caretaker contract which specifies the scope of your duties, hours and wages. This should be drafted with the help of an elder law attorney in the event your mother eventually becomes eligible for Medicaid so you can be paid and reimbursed by Medicaid.

If I die without a will…

Q: What happens if I die without a will? I am married and all our assets are in joint accounts?

A: If all of your assets are jointly titled with your wife, upon your death they pass to your wife by operation of law. With no will, if there is anything in your name only, it will go to heirs under the PA intestate statute. This would mean that the first 30 k would pass to your wife and the balance split between your wife and children. If you would rather your wife inherit everything from you that is held in your name at the time of your death, you will need to have a will in place.

 

How should my sons’ appointed lawyer be dealing with the prosecutor?

Q: How influential is your lawyer supposed to be in negotiating with the Prosecutor. 19 yr old son getting charged with a four felony 1 burglaries, which were dropped to two felony 2 burglary charges. How do we know if our appointed lawyer is really doing the best? Are they the ones that are supposed to be negotiating with the prosecutor or do they have no say in it as our son tells us?

A: Any lawyer, PD, or court appointed attorney, has equal standing in court. Each has the role of being able to negotiate freely with the DA for plea agreements. You need to talk to the lawyer. Open communication has to occur. I can’t advise you because I don’t know all the facts. Maybe the attorney is telling you that the deal he is getting is the best he can do. If you are not content with the deal he has struck with the DA, you have some limited, one of which is to fire him and hire a private counsel. I suggest that you talk to your son’s lawyer.

Should I talk to the police. They said if I do they will close the case

Q: I was accused of a crime. The police said they need my written statement to close the case but don’t want to arrest me. Your advice please? They want statements from my wife and friend and said if we don’t give our statements he will just arrest me and charge me. He said the victim’s statement is enough to charge and convict me but he just wants to close the case so it never happens again. He also lied and said he already had a statement from my friend when he didn’t

A: If you get the cops to agree to this, that agreement is not enforceable. In criminal law, only agreements between the DA and the defendant’s lawyer are enforceable. Therefore there is no duty he has to close the case. Most people convict themselves by speaking with the police and making an incriminating admission. You have not duty to speak with the police and they know that. You have the 5th Amendment constitutional right to remain silent and they know that. Let them charge you if that is what they want. I would hire a lawyer now if you can and he or she can talk to the police for you.