Wife had me sign divorce papers when I was on medication in hosptial

Q: Would any paper work I sign while in the hospital stand in court dealing with a divorce while medicated. While in the hospital with blood clots in my lungs my wife brought up papers that I thought were Annulment papers, and I signed them. Where in reality they were just separation papers, and she did not inform me of this until this week. When she brought the paper work up there I was on two different narcotic pain medications, and went off her word as to what I was signing.

A: You could file a petition in family court to nullify the forms you signed. You probably need a medical opinion from the treating physician that due to your medications, you were not competent. The judge may set it for a hearing, at which time you could have the doctor testify by phone.

 

Elderly father’s step-daughter is taking financial advantage of him

Q: My father was just diagnosed with a terminal illness at 81 years of age. His step daughter “talked” him into giving her POA. What can we do? We all live hours away here in Pittsburgh. My sister is going up to take care of him, after she puts her affairs in order. She is also the executor of his will (as she understands it . We are worried she (step daughter) will change his living will. He feels intimidated by her (she lives close to him). Afraid she will change it and take the house away and put him on the streets. He lives near Tionesta, PA. What are our options? (Pittsburgh, PA)

A: First, it is important to understand the difference between a Living Will and a Will. The living will is the “pull the Plug” document that contains a person’s wishes about being removed from life support. What you are probably concerned about is changing the Will which is the document that passes your father’s property at death. Generally, the Will cannot be changed by someone with a POA. The danger of the POA is that she can make the Will irrelevant by moving all of his assets out of his name. A POA agent is supposed to act in the best interests of the principal (your father) so you could take her to court if she takes all of the assets for her own benefit, but it is better to prevent a problem rather then attempt to solve it in a court proceeding. Talk to the step-daughter. At this point you have no evidence that she has bad intentions. She needs to understand her liability for abusing the POA. If talking won’t help, then you will most likely need to start a guardianship proceeding in court. Unless your father revokes the POA, a guardianship is the only way to get it rescinded. If you cannot work this out within the family, hire a lawyer to communicate with her.

IS IT LEGAL IN PA TO SEARCH A ROOM WITHOUT A SEARCH WARRANT?

Q: Is it legal in PA to search a room without a search warrant? I was at home and a relative called the cops, let them in, and they searched my room. Once with my girlfriend present then again when we were both out of the room. I was told they can only search my room if they had a warrant, or if it was in plain sight, which it was not. I also did not give consent. (Oakland, PA)

A: The legal presumption in PA is that all searches of homes and cars must be done with a search warrant. Even if the home was someone else’s and you are renting or staying there, you still may have a right of privacy in that living space and thus have legal standing to challenge the search. Whether you would win on a suppression motion depends on many factors and is very fact specific. What do the police say in their report? Can the police rely on any exemption to the warrant requirement? Did you consent to the search? Did the police have an exigent circumstances to assert the would legally circumvent the warrant requirement. There are many more questions. You need to review all of the evidence with a criminal defense attorney who is versed in constitutional challenges of illegal search and seizures.

Can a minor be charged with perjury?

Q: Can a minor be charged with perjury in Pennsylvania? Judge reports at least 2 statements made by her, which are false and can be easily disproven. Such statements were given considerable weight in a trial. She’s almost 17, can she be prosecuted? (Baldwin, PA)

A: Not sure if you are saying the judge found her statements to be false, or, she made two statements to the judge, which you know and think you can prove to be false. If you can prove that they are false, it may be possible for her to be charged for false statements in Juvenile Court with the filing of a Delinquency Petition by the police or Juvenile Probation. You can review it with Police or DA to see if they are interested. Normally, they do not go after minors with these types of cases, but I cannot say for sure if that will be the result for you.

 

Uncle is not married, has no children and dies without a will.

Q: If my uncle dies without a will, in PA, does all the wealth go to that one living brother or is it divided in three shares? Here are the details of this in testate in PA. Have an uncle who has never been married and has no children. He had three brothers, including my father. My father and one of his brothers is deceased and one brother is still living. Three shares, 1 to the living brother, 1 to the children of once deceased uncle, and 1 to the children of my father (the other brother).(Pittsburgh, PA)

A: You are correct. If there is no will (intestate), inheritance falls under the PA intestate succession statute. The shares of a deceased brother pass down to children of the deceased brother in equal shares.

DO I NEED A LAWYER?-FRIEND ADMITS POT WAS HIS

Q: Do I need a lawyer if I was caught after smoking marijuana and the marijuana that was subsequently found clearly wasn’t mine? Due to a faulty latch on our front door, a cop gained entrance to the office I work at where my coworker and I had just smoked marijuana. We were cooperative, which the cop appreciated, and, when he went through our stuff, he found a relatively small amount of marijuana in my co-workers bag. Weighs less than 30 grams. My coworker admitted it was his. He decided not to do anything that night but asked us to come talk to him at the police station next week. Can I get in trouble for being high and being with someone in possession of marijuana? Do I need a lawyer? (Pittsburgh, PA)

A: Being around marijuana in and of itself is not a crime. Possession of marijuana is a crime. If your friend admitted to possession, you really should not be charged with anything. I think it would be a stretch, but the cop may charge you with some sort of conspiracy to possess or conspiracy to commit a prohibited act. I doubt it, but it is possible. He probably wants you guys to work with him and lead him to the seller in exchange for the charges being withdrawn. If you go and talk to him, you may say something that hurts you, even though there is practically no real case against you. I would nonetheless hire a lawyer who can speak on your behalf. In addition, if your friend gets charged, he should have a lawyer look closely at the probable cause to search here.

Can I let unlicensed driver drive my car?

Q: Car and insurance in my name being driven to work by someone without a valid license. What happens to me if he gets pulled over .He is in process of getting his license back, the deed and insurance are in my name. Will only he get in trouble if caught, or will I also get in trouble?

A: In PA if you have knowledge that a person has no driver’s license-whether suspended or they just don’t have one, and you allow them to operate your motor vehicle, you can be charged with a summary motor vehicle offense. I have seen it happen. In addition, read your insurance policy to make sure your carrier will not deny coverage if such person is involved in an accident.

 

When should I file my parent’s Medicaid application?

Q: When should I file my parent’s Medicaid application for long term care? He should qualify as medically necessary, but only after we spend his 40k savings on private care. Should I file now or after he spends the money?

A: It is highly advisable not to do this on your own. If there are $40,000.00 in assets to spend down, you need to do this with the advice of an experienced elder law attorney. There are ways to shelter some of these assets and it will be well worth the legal fee as it will likely save a portion of your father’s money which will otherwise go to Medicaid.

 

CAN JUDGE CHANGE SENTENCE AFTER SENTENCE IS IMPOSSED?

Q: Can a judge change a sentence after imposed? Hello I was just wondering if a judge sentenced someone to a max date on a parole violation and stated defendant should be incarcerated until that max date is it possible to go and change that to a later date while the defendant is still in prison. (Pittsburgh, PA)

A: In common terms, it is called double jeopardy if a judge, all by himself, without having a hearing with due notice to all parties, resentences someone after they have been initially sentenced. You need to talk to a local criminal defense lawyer as there is much case law on what constitutes the correction of an errant sentence as opposed to what constitutes a change of a sentence which crosses the line to double jeopardy.

Can we remove father from mortgage and deed without divorce?

Q: My mother in law is trying to remove her separated husband (my father) from the title of their house. He got kicked out years ago as he cheated on her for 10 years (a child was produced from this indiscretion) He doesn’t want to be on the mortgage anymore but doesn’t want to pay anything on a house that he is not living in. My mother in law doesn’t believe in divorce (old world Italian Catholic) but wants him off the deed. He also wants off. The mortgage has not been paid for in 5 plus years. Is there a way to fix this without Divorce and him not having to pay anything (it is the only way he would sign any type of paperwork, willingly). Could I get on title thru a refinance or something?

A: He can always sign a deed over to her. However, the issues are complicated. If he is on the mortgage with her, the mortgage instrument (contract) may have a due on sale clause which means if there is ever a new deed filed, the mortgage can be foreclosed upon immediately. Most mortgage contracts do not allow a change of the deed. So, drafting a deed from both of them to her, may trigger a foreclosure, or potential problems. However, the fact that the mortgage has not been paid in 5 years may trigger a foreclosure anyway. But, in general, when someone wants off a deed, and there is a mortgage, you should always check with the mortgagee (lender) and see if they will agree to release someone from the deed. Sometimes they will but it really depends. I have had mortgage companies accept a simple assumption of the mortgage but they likely will want to refinance and in either case put the house in the name of someone who has good credit.