Q: Back in 2003, I pled guilty to a felony 2. In 2013, I pled guilty to simple assault. I’m not on probation or parole, any more. (Glassport, PA)
A: A plea to a felony 2 would prevent you from possessing a firearm or obtaining a firearm’s permit under the PA Uniform Firearms Statute. Unless there is new law that I am unaware of, I did not think a cross-bow or any sort of bow and arrow device would be considered a firearm.
Q: I temporarily helped a person in July. She is staying in my motor home & refuses to leave. It’s now December and she refuses to pay at all. She owes for 3 months now. (West Newton, PA)
A: She is likely to be considered a tenant under the law and you will need to file an eviction complaint at the local District Justice office. They have forms and may be able to guide you on posting the 10-day notice and filing the eviction complaint for possession and rent owed.
Q: We are looking to purchase a single-family home that is currently occupied by renters. (college students) The current lease expires 25 July. What happens to this lease if we buy property in March? Is lease still enforceable until July? Does lease go with house? Or is it null in void at time of sale since landlord of record is no longer owner? We would like to have lease continue, as the rental money was part of our buying decision, just not sure of the legality.(Pittsburgh, PA)
A: What does your sales agreement with the seller say on this? Language addressing the renters should be included in the sales agreement, normally referred to as assignability. Also, what does the lease agreement between the current owner and the tenants say regarding a sale of the premises, if anything? If you don’t want them to remain, and they have no lease, they are month-to-month tenants and you are probably stuck with them 30 days. If you want them to remain, and they feel the same, the lease will be honored unless the sales agreement and lease state to the contrary. Most leases and most sales agreements have language which addresses assignability of the lease.
Q: I am being court ordered to sign my half of 2 vehicles I own with my mom who is deemed incapacitated. The court fined me $2000.00 for a contempt charge I should be able to purge. The court did not state any statute or Pa. Code in the order. To me this is a seizure of property unjustly. The guardian of the estate wants the title signed and if I don’t there will be more sanctions. This seems to be illegal seizure of property. The court is saying if I sign over two vehicles to the estate ( not the court) then the fine is vacated. I could sell my half for more than the fine and pay it that way, but PennDOT says if I sign the title there is not much that can be done. Does this court order have to cite a pa code or statue allowing this title being taken from me? PennDOT has never done this before.
A: Not sure what is going on with your situation. My guess is that you are in Orphan’s Court and an Orphan’s Court judge ordered you to sign back over property which he or she believes, and opposing counsel as well , that you misappropriated from an estate? I think you are fighting a losing battle, without me researching this issue to be certain. Generally, Orphan’s Court is a Court of Equity and can order titled to be changed, deeds to be changed and property awarded to a party or an estate. For a definitive answer one would need to research the equitable powers of an Orphan’s Court judge and get a grip on the details of your situation.
Q: Can I now, as an adult, collect the back child support my father owes my mother? I was told it was possible, and it would really help my situation. (Westview, PA)
A: She is the party of interest, not you, so she can bring the claim. You can help her do it, or if she signs a Power of Attorney to you for this purpose, you can. It is not easy to do, especially if he lives in another state. Even if you have no trouble reducing the support arrears to a judgment, you still need to successfully execute on his property to have any hope of payment. Finding his property and executing on it, is usually the most difficult part of the process. I would go to the Allegheny County Family Division at 440 Ross Street in Downtown Pittsburgh and see what you can learn on your own. You may also want the help of an experienced family attorney.
Q: My son was killed in a single car accident in Pennsylvania, where he also was a resident. He had no will. The auto insurance paid for the car (he owed nothing on it) payable to the “estate of (his name)” in the amount of $11,200. I was not going to open an estate for such a small amount. Can I use the Small Estate Affidavit under the 3101(d)-probate code to have the insurance company make the check payable to me? He had no wife or children. I realize 3101(d) just covers up to $11,000. I would be willing to ask the insurance company to forego the $200 if they will reissue the check to me. The insurance company says they can only make the check payable to whoever the car was titled to. Any suggestions on how to handle this situation? (Pittsburgh, PA)
A: I believe the statute reads, accident, life, etc. so I am not sure why they will not pay up to $11,000.00. Sometimes, claims people at insurance companies, especially if they are not in PA, are not familiar with the statute. You may want to send a copy to them and highlight the applicable portions of Section (d). Whether the issue is the $200.00 excess with them, I don’t know. I would think you can sign a waiver and the $200.00 would then be transferred to the PA Department of Unclaimed Property.
Q: My closing has been delayed, due to the seller delayed in providing documentation to the title company. (Swissvale, PA)
A: The issue would be whether the seller breached the sales agreement. Your sales agreement should specifically define the terms of what constitutes breach. In your case it may be a failure to close within X amount of days. The sales agreement will also spell out consequential damages that apply for such a breach. These damages may be limited to the return of the hand money or could possibly provide consequential damages. Have an attorney review the document immediately, especially if you want out of the contract. You may have so many days to react to the breach.
Q: They are having sex. I just want to make sure if it’s allowed. I don’t want my friend messing with someone younger than her and getting in trouble.
A: Sure, why not? An 18 year-old person is an adult so there is no criminal liability under the PA Crimes Code.
Q: We are separated, and I want the house now and her name off my deed for good. What does she sign? (Jefferson Hills, PA)
A: If her name is on the deed with your name, her signature or a judge’s signature is the only way to remove her name from deed. If she doesn’t agree to take her name off, you will have to negotiate with her and probably buy her out. This is what the family court will do when you proceed with your divorce. I suggest a consultation with a lawyer as I do not have all the facts here.
Q: I am the beneficiary on the Life insurance policies and a total control account for my mother that I cared for 10 years. Not much, but she had them. Are these policies part of the estate now or do they belong to me and my family I would like to enter them into an account for my children. My siblings only came around when they needed to and were present the last two months of my mother’s life. Other than that, I took care of my mom, for the 10 years since my father passed. I would rather have my mom here and the money is not important to me, but under the circumstances, my brothers are wanting whatever they can get at this point. Please advise. (Pittsburgh, PA)
A: You should sit down with a probate attorney to have the documents looked at. I can only give you general information. Insurance policies with living beneficiaries, pass directly to the beneficiary upon the death of the owner or the insured. There is no inheritance tax owed on them under PA law. When I last handled a Met Life “Total Control” account, it was just like a bank account with a beneficiary, like TOD, or in-trust-for account. The account will pass to you directly and inheritance tax will be owed. If you only inherited the insurance policy and the Total Control account, there is no need to open an estate. You don’t have to tell your siblings anything, except that there was nothing for them to inherit. If they are curious enough, they can search the Register of Wills and find that no estate has been opened or check the Department of Revenue to look up the inheritance tax return once it is filed.