Who gets dad’s bank account?

Q:  Father opened a bank account in his name only in 1974. He was divorced in 1981. The bank account was not mentioned in divorce. He remarried in 1982. He died in 1998. Who does the account belong to? the first wife, current widow or kids?  Father opened bank account in his name only in 1974 and he was divorced in 1981. The bank account was not mentioned in divorce. He remarried in 1982. Died in 1998. Who does the account belong to, the first wife, current widow or kids?

A: If he has a will, it goes to the person or persons in the will. If he excludes his widow, she can elect to take against the will. If he has no will, his estate will pass through intestate succession in PA which means the wife get s the first $30,000.00 and the balance is shared between her and the children. If this is any amount of money worth fighting for, I would consult with a lawyer as soon as possible.

 

CAN THEY CHARGE ME FOR THEFT OVER A YEAR AGO?

Q: Can I be charged for something I did not do and have idea who did? A cop came to my house a couple days ago and said he was investigating an incident that happened over a year ago at a department store where sleeping bags and air mattresses were taken. He advised an employee saw someone stuffing items in a car and said it was my license plate. I have never stolen anything and he said they will check video footage to see if it was me. I said if they had video wouldn’t he have looked at it first before accusing me? And, I don’t understand why it’s been over a year and now they are questioning me about an incident that I had nothing to do with. Will I have to go to court for this. It bothers me because if it was something so serious wouldn’t they have approached me when it first happened?

A: Yes, people do get charged for crimes they didn’t commit. It does happen. If you are truly innocent, the police officer may have been given bad information and is just fishing for evidence by talking to you and others. Do not make any statements to the police or anyone else, or let them search your car or home. If they continue to contact you, hire a lawyer.

Have I committed elder abuse? He is 77 and spent $ 70,000 on me

Q: He is caring for me as he wants to marry me. I agree to marry him if he pays for my law school. He has been paying all old bills and new bills, taking me shopping. Deposit directly into my bank account about $25,000.00. However, I have become concern that I can’t marry him even if he did pay for my law school. Every time he meets with his attorney she says I am committing elderly abuse of the large sums of money I keep extracting from him. He offers he runs to the bank in deposits I have not promised him sex nor love nor have I said I love him It was simple he wants to marry me. I want to be taken care of and obtain my education. But if I am accused of elderly abuse now what is going to happen when I do marry him and I am never home and he becomes ill or I am 55 and he is like 90?

A: If you are contemplating a legal career, this is not the way to learn elder law.  77 years is not that old, but some people do have an early onset of dementia. Even if he has no clinical diagnosis and is clearly competent, if he is paying out all of this money with hope that you will marry him, and you seriously doubt if you will fulfill his hope, then you are taking advantage of him. You need to tell him that you will not marry him. The worst he can do is stop paying your way. It will be tough, but if you have a conscience, you will feel better. As a word of caution, if his lawyer has the opinion that your actions constitute elder abuse, there may be a basis for such allegation, which should give you all the more reason to stop. With your interest in the law, you may want to look up PA’s specific crimes for exploitation and fraud upon the elderly.

 

Parole detainer. How long can they keep her?

Q: My wife is in jail for parole detainer. She’s been in jail since February. How long can they keep her? What can I do to get her out?

A:  A lot of men in your situation would want to keep the wife in jail as long as possible so I commend you on your concern. I am assuming this is a county sentence or a state sentence for which the county trial judge still has jurisdiction. Her first chance of being released is at the 1st violation hearing. Her next chance is at the 2nd violation hearing. If she is found to be in violation of probation at the second hearing, the judge can sentence her to a jail sentence of the balance of her parole . This is a general answer. You need an attorney to look at the case details to really give an opinion. If you feel there are good reasons to have the detainer lifted so she can be released to your home, or released on electronic monitoring prior to the first or last hearing, you need to hire a lawyer to file a motion to lift detainer or motion to transfer to house arrest. An attorney can review the specific situation and tell you if it is worth filing a motion.

 

Can we sue my boyfriend for not paying my mother?

Q: Theft by deception in Pennsylvania? My mother purchased a vehicle for the man I’ve been with since 2009, the same year of purchase. He is under verbal agreement to pay her over $20, 000 for it and hasn’t paid a dime yet. During this time I asked about the money then he physically mentally and emotionally verbally abused me when I mention the money owed. I need to know what to do to get her paid. He makes plenty if money to have paid her. She was very ill a few years ago he was waiting for her not to survive so he could get out of paying but she did. I’m not getting any answers from anyone else. Can you help?

A: Theft by Deception is a crime. I think you will have difficulty having the police or District Attorney file criminal charges with these facts. You may be able to sue him civilly, even though this is a verbal promise to pay and not a written contract. You need to decide whether you want him out of your life as this will make the lawsuit easier to carry out. For a civil suit, you could have a one or a four year statute of limitations, depending on the facts, but most likely a four year statute of limitation. So, time is of the essence if it is not too late for a suit at this point. I advise you to speak with a lawyer. Although it is a verbal contract, recovery of $20,000.00 should be pursued.

Can an injury settlement be given in a will?

Q: If the person writing a will is waiting for a claim settlement that could take a long time, is he able to put it in his will?

A: I have seen it in wills. For example, language such as “I hereby give and bequeath any injury settlement proceeds I obtain from my pending law suit against ACME Corporation, to my dear friend, Hans.” If the injury settlement comes in after the estate closes, letters of administration can be subsequently raised temporarily to handle the settlement and payment of  inheritance tax.

Woman attacks women with knife in defending her home

Q: 5 women attack 1 woman at her home. She cuts one through fence with knife trying to scare them off. After a afternoon argument between husband and wife, 10:30 pm mother- in- law, sister- in- law , 3 other women go to daughter- in- laws house and try to kick in front door while she is sleeping with two children. She runs to back fence (side street) where they were trying to get in the yard. She pick up a small knife and waves the knife sideways to scare them while trying to hold the fence closed with her other arm. She cuts one of the women who goes to the hospital. She is charged with aggravated assault (Pennsylvania has no self defense ). Please could you tell me her outcome her trial is for one day coming soon.

A: PA does have self defense as a defense to the crimes of assault and homicide. It is a complete defense and can be raised at trial. If the jury believes that the defendant was justified in using force or deadly force in self defense to protect him or herself, he or she can be acquitted. It is not a defense to the police filing charges. Whether that works in this case depends on what the witnesses will say, what the physical evidence shows and how credible the defendant’s story is. All of these sources of evidence need to be reviewed by the defendant’s attorney with her, before any prediction about the case can be given. If she is defending her home as you say, that may work as a defense or work to get the DA to make a better offer. The facts as you present them, sound like self defense. If true and these facts are conveyed to the jury or judge, it may help things go in her favor. It reminds me of cases I handled on a weekly basis as a Public Defender and I always had favorable results with them.

 

Are late fees on top of late fees legal?

Q: Is it legal to keep charging late fees on top of late fees when everything else has been paid in full? I was charged a late fee and did not pay it. Now I am being charged a late fee each month for not paying the original late fee. Otherwise my account is paid in full.

A: It depends. What type of debt is this? If it is a credit card, PA collection laws may apply. If this debt is for unpaid real estate taxes or municipal services, there may be other consumer protection laws that apply, but generally, the laws are against the taxpayer regarding taxes. Does your original agreement for services, permit late fees? Does it allow unpaid late fees to accrue and continually charge interest? Generally, even if valid, late fees and interest can be negotiated downward. You can try this on your own, but if not successful, I advise you to see a lawyer as he or she can look at your original contract or agreement and advise if what is being done is permissible and, if any debt collection protection law applies to you.

How can my step children inherit from me in my will?

Q: In Family section of my Will I have included both my children and my step children and called them all “my children.“ Is it permissible in Pennsylvania to include both natural children and step children as children in my will without being specific. My intent is to treat them all equally.

A: In PA, they may not be legally considered “children” unless adopted unless paternity was established putatively (by your actions as raising them from birth as your own). However, the beauty of a will is that you have the complete discretion to choose the persons who will inherit from you, regardless of their biological relation. If you spell their names out in the will that would accomplish what you want. If you would die without a will (intestate), then inheritance of children is based on bloodlines established by the PA intestate succession statue. If there is the potential for any riff between your natural children and step children, make sure that your will is secured and protected so that it can be probated when you die. If your children would resent that your step children should inherit from you, they could destroy your will so it would not be probated and intestate law would be followed which may cause the step children to be excluded as heirs.

WHAT IS MY PUNISHMENT WITH ARD?

Q: What’s my punishment? I got mixed in with the wrong people and made a dumb move! I stole my grandmothers credit card and used it for $450. I live in Pennsylvania. Charges are in Allegheny County. I’m under ARD consideration. This is my first offense ever. On my court papers its charged as class C misdemeanor.

A: I don’t know what a class C misdemeanor is. If you are guilty or have no defense, Accelerated Rehabilitative Disposition would be a good option for you. With ARD, if you receive it, you will get probation, have to pay costs and fines and may have other conditions, like restitution to the victim and community service. The greatest feature of ARD is that once you complete the program, the DA of Allegheny County will expunge your record. Normally, a defendant has to pay an attorney to do this.