Will my son be sued for breaking his lease?

Q: Son wants to break his lease, he no longer lives there. Landlord wants rent anyway. He entered a lease with his friends for a year. He has since left school and taken loans out to pay rent. He gave them over 8 months to find a sub-lease, which they did not. He does not want to pay last 8 months of rent.

A:  You need to read the lease carefully or have an attorney review it. Generally, if a tenant breaches a lease, and vacates the premises, he or she can be held for the balance of the lease. However, the landlord has a duty to mitigate the damages by preparing the unit for re-lease and finding a tenant as soon as possible. In your situation, I would have to read the lease to see if your son and his friends were responsible for finding another tenant, and not the landlord. As pointed out, you never know, there may be a defense for your son based on the facts, which an attorney could determine.

 

Can I be charged for having an empty weed bag with residue?

Q: What can I be charged with for having an empty weed bag with just weed residue in it? I am 16 years old and live in PA. The cop cuffed me immediately upon discovering the bag, and I was taken to the police station and was told I could be charged with possession of paraphernalia. The cop also took my phone and said he was going to send it to a lab to be searched. I signed a paper giving my permission to do so because he made it out to be that that would be the only way I would get my phone back. Is it legal for him to take my phone and when will it be returned? Also, there are pictures of weed on my phone and messages related to purchasing weed, is that grounds for more charges?

A: The police can charge you for possession of a controlled substance, a Misdemeanor, for the residue in the bag and for possession of paraphernalia, just for the bag. The officer taking your cell phone was probably just a way to get you to agree to a search. He probably wouldn’t expend lab fees on a case involving marijuana residue. A lawyer should review the case. You may or may not have a defense but an experienced lawyer may get you out of this with no record.

I sold Xanax pills in school, what should I do?

Q: What should I say when question about selling Xanax (“benzos”) pills in school? I sold some in school and parents now know as does my mom. They were her pills and I took and sold about 15 to people I know in school. No authority figure at my school knows yet but I am afraid someone is going to tell. If I get questioned by my principal and police, what should I say? Nobody from school has caught me yet and I have a good track record regarding behavior.

A: It seems that no authority figure knew about this at least until now, with you posting it on the internet. Unfortunately, what you did was a serious crime, enough to have a juvenile delinquency petition filed against you which will bring you into juvenile court. You may also be expelled or suspended from school depending on how your school code is written. As to whether to confess or not to police and school authorities, generally the answer is no. However, have mom get you an experienced criminal defense attorney with juvenile court expertise who can give you real specific guidance on this tricky issue. If you have a defense, the attorney may advise you not to speak with anyone. If you have no defense, he may advise you to cooperate in order to mitigate your sentence. Generally, juvenile court encourages children to be honest as to their criminal misadventures as supposed to denying what happened and taking the 5th amendment as many adult criminals do. An attorney can help you balance all of these considerations after a thorough review of the facts. At worst, you want to obtain a consent decree so you have no criminal record from this. You and your mom need some guidance here. Whatever you do, do not get arrested again. Keep away from drugs and remove yourself from being around others who possess them.

 

HUSBAND DIES, DOES WIFE OWN HOUSE?

Q: Who owns the house? I co-owned a house in which my ex-husband resided. He died with my name still on the deed. Who owns that house now, me or his heirs?

A: If you were married to him at the time your name was put on the deed, it is presumed to be property held by the entireties and passes to the survivor spouse, upon death of the other spouse. I would take the deed to a local lawyer to review it. There is no legal necessity to have a new deed prepared if your deceased husband’s name is still on it, however, some surviving spouses do this.

What sentence will I get for Prostitution charges?

Q: I’m going to court in a month for a prostitution charge, first offense misdemeanor 3.Chances of jail? I got in trouble 8 years ago, completely unrelated to prostitution. My only record , plead down to criminal mischief . I recently got busted for my first offense prostitution charge . I had put up an ad on an escort website . I never mentioned ANY acts in any ad, or email . I was detained and searched (nobody told me why I was being searched or what for) without being read Miranda rights. I never agreed to specific acts, I told the undercover the money was for my TIME and I never touched the money. And, nothing was found in my home; no drugs, no adult products, nothing. What are the chances of jail time and pleading down to a disorderly for my record because i cannot have the P word on my record?

A:You need to hire a lawyer to discuss all of the details-your version and what the police report says. In our county, prostitution charges generally lead to probation, unless there is a significant criminal history, which you say you don’t have. If you were my client I would first look how strong your defense is in order to gauge the chances of obtaining a not-guilty verdict and just as importantly to be used as a bargaining tool with the DA to push them ot withdraw or reduce the charges. If it was not possible to win the case, I would try to have the charges withdrawn in exchange for your completing counseling. My next plan would be to have the case worked out to a summary level offense such as a Disorderly Conduct, which you can expunge five years from now if you are not arrested again. By the way, Miranda warnings do not have to be read unless you are interrogated.

Yesterday I agreed to a court- appointed guardian over my mother

Q: My appointed attorney made it sound like I was agreeing to have someone help me care for my mom, and I had told her from the beginning I did not want the state to appoint a guardian. I had no idea till it was too late. I would have never given my mother’s power of attorney away. How do I appeal this?

A: I would need more information to answer this. If you just “agreed” to it, and you haven’t gone to court and obtained a guardianship order, you should be able to tell your attorney you have changed your mind. If your attorney filed a petition, a hearing was held, and a judge issued an order which appoints a guardian over your mother, and you participated in this proceeding and now, you want to rescind the order, that is an entirely more complicated matter. You will probably need a legal opinion from another attorney on how to challenge the order. Don’t wait, tell the attorney now of your intentions.

What should I do to make sure my spouse does not inherit my house?

Q: I have been married only two years. I purchased this townhouse a year ago in my name only. She and I want to make sure she does not inherit it and the mortgage when I die.

A: You need to talk to an estate lawyer. If your spouse is not on the deed, nor on the mortgage, that is a good start. However, she could still inherit from your estate. To avoid this, you can disinherit her from your entire estate in your Last Will and Testament. You can also leave the home specifically to someone else in your will. As a spouse, if she is disinherited from the will, she can file an “election” against the will. If she has no interest in doing so, then it should accomplish what you want. It shouldn’t happen, but when someone inherits from an estate, and there is an unpaid mortgage, I have seen legal counsel for the mortgage company, sue the heir or heirs of the estate when the mortgage was not satisfied. I have had this happen even when the heirs filed a disclaimer against the estate. You should consult with an estate planning attorney and go over all the options. The only way to assure she will not inherit it is by leaving it to someone in your will. If you have no will, she may inherit all or a portion of it under state law. You may just need a will.

HOW DO I PROVE THEY DID NOT READ MY MIRANDA RIGHTS TO ME?

Q: How do I prove that I was not properly mirandized? I got pulled over last night for driving under the influence of alcohol, when they officer placed me under arrest he did not mirandize me. How do I prove this? What if I’m wrong and was just so panicked I didn’t hear it?

A: Police don’t have to read Miranda warnings to you when they arrest you. Miranda warnings are only required to be read if the police interrogate you. If the police took you to the station and then began questioning you, Miranda rights need to be given. The police can handcuff you, arrest you and jail you without Miranda rights being read to you. If you have been arrested, I suggest that you speak to an attorney before your Preliminary Hearing.

Do I have recourse against a collection agency?

Q: I have a collection agency calling my friends and family disclosing my name and social security on their answering machines. Do I have any recourse?

A:  You may have a case. You may also want to call the consumer protection division of the Pennsylvania Attorney General. They may be able to help or give you guidance. I would preserve the evidence if you can, i.e., voicemails, dates and times of calls. You may also want to call a consumer rights attorney.

Are insurance proceeds reported on an estate Inventory?

Q:  Are life insurance proceeds paid to a beneficiary need to be listed on the Inventory for probate?

A: Generally, in Pennsylvania, insurance proceeds, if payable to a living beneficiary, are not part of the estate and therefore do not appear on the estate Inventory nor are they subject to inheritance tax.