If I am in Bankruptcy, can my aunt put my name on the deed to her house?

Q: In Chapter 13 can I be put on another house’s deed? I declared Chapter 13 about 3 years ago and have been making payments. My aunt wants to put me on her deed. What are the ramifications of that, and the risks to her? She will be entering a nursing home and doesn’t wish to sell the home.

A: Two issues. Is this wise to do for estate planning purposes for your aunt and is this wise for you to do while you are in bankruptcy? From an estate planning point of view, if she titles the house jointly with you, only half of the value of the house will be subject to inheritance tax when she dies. Since the applicable inheritance tax rate for a nephew is 15%, this could save some money. The negative side of such transfer is that if in within five years following the transfer, your aunt needs to apply for Medicaid, such a transfer could make her ineligible for Medicaid funding. The house would have to be included in her assets subject to the Medicaid claim and you may be forced to sell this house unless you could pay the fair market value to Medicaid. This is of course unless some Medicaid exclusion applies for example if you lived in the home as her caretaker for a period of two years prior to the application date. If your aunt really foresees Medicaid funding in her future, you should have her consult with an attorney versed in Medicaid law in order determine if she can shelter some of her estate now perhaps through a Medicaid trust. As far as your bankruptcy, I would check with your bankruptcy attorney as the acquisition of an interest in real estate while under a bankruptcy plan, may, violate your agreement with the trustee assigned to your bankruptcy case.

Can someone leave an assisted living and go home with a nurse of they want?

Q: He would go home to his “wife”, but she doesn’t want him at home. It is not right. He is wealthy and is now on walker and needs assistance but wife doesn’t want to help. His mind is sharp as a tack still but when he was ill he gave wife and son power of attorney. His son has control over his money. He wants to go home and get a nurse but they won’t let him. Can he get help? They just don’t want to be bothered and have a nurse there all the time. It cost him 6,000 a month to live at this nursing place. He is not dead yet and they won’t let him live his life what he has left.

A: If he is still competent, it is up to him whether he wants to return home with a nurse. Even if the wife son are his Agents on a Power of Attorney, he still can make decisions for himself. He may also want to consider a new POA in which he appoints a new Agent. This will have the legal effect of revoking the old POA. If what you say is true and he is competent, he should consult with an attorney as to his wishes. In theory, he should be able to sign himself out of a nursing home and contract for home nursing care on his own. It sounds like there may be a family conflict, which is unfortunate. I am not sure if there is any service the Department of Aging can provide to intervene but it may be worth a call. I think it would be very beneficial and perhaps dispositive, if his doctor would approve of him returning home with nursing care.

My son has to appear in juvenile court

Q:        My 17 year old son has a juvenile intake conference for something that they say he did almost ten months ago, What will happen?

A:        It depends on the county, so I will assume you are in Allegheny. An intake conference is a juvenile’s first appearance in Juvenile Court and usually means that a petition for juvenile delinquency in juvenile court has been filed. At the conference, you will meet the Probation Officer if you haven’t yet and your son will be given his charges (the delinquency petition), be assigned to a judge and given his next court date. More importantly, the Probation Officer’s recommendation is explained. If this is a minor offense and your son has no juvenile court history, the recommendation could be something as simple as counseling. If it is a more serious offense, the recommendation may be to have the case proceed to the judge. The best offer would be for a consent decree, which is basically a dismissal once the child completes certain requirements, like counseling or community service. The next step would be standard probation. The next step after that would be house arrest or a juvenile detention center. To get this type of sentence, the child would have to have a significant history and/or this is a serious offense such as sexual assault, burglary, aggravated assault, etc.

 

Can someone with Alzheimer’ diseases sign a quit claim deed?

Q:  Am a caregiver for an Alzheimer’s patient, I haven’t been paid for a year due to family of the patient mishandling her finances. No one wants to care for her anymore now that all her funds are gone. I would like to know how can I protect myself so I don’t get cheated in the end, and be compensated for the job I am doing. The only asset she has is her house and I would like to know if she can sign a deed or at least put my name on the title so I can have some say and not get kicked to the curb after all my hard work.

A: Having Alzheimer’s doesn’t necessarily mean she is incompetent to sign a deed. You should ask her doctor if she is. If she is competent or is not competent, you should proceed with caution as there may be an appearance that you are taking advantage of her. If you can afford a lawyer, he or she may be able to determine if this is possible. My feeling is that it will only work if she is competent and she wants to do this. At a minimum, you should get a caretaker contract from the women or her next of kin for your services so you can be paid in the future or reimbursed from the estate.

Can I get a media expungement?

Q: I’ve been told that media expungements were different from others. Can someone please tell me how because my attorney said the military will see it?

A: I have never heard of a media expungement and do not know what that is. With how huge the internet is, I don’t know how it would work. I think if a media story is untrue, you could force a retraction printed. You would need an attorney to contact the source of the incorrect information. An expungement is a legal process, whereby you petition the court to destroy your arrest record. To be eligible to do this, you need to have been arrested but not convicted of a crime. If you were convicted of a summary offense and five years of arrest free behavior has passed since the conviction, you can file a petition to expunge and the court will issue an order for all records relating to the arrest to be destroyed-shredded or deleted.

Can I drop a PFA?

Q: How can I go about dropping a three year PFA. People are telling me that the judge will not drop it. The PFA is for physical and mental abuse. There have been many times I wanted to contact him but they said I will go to jail if I contact him?

A:  “They” may not telling you the truth, and may be telling you this out of their concern for your safety. To “drop” the Protection From Abuse Order, you need to hire a lawyer and go to court with a Petition to Terminate PFA. Be prepared for the judge to ask you questions about your state of mind, the history of abuse and the prospect of the cycle repeating itself. If there is any chance that abuse may continue you may want to look into counseling before you do this.

If husband dies, can I change my will?

 

Q: My husband is in declining health. If he passes away before me, can I have our will changed? My husband has terminal cancer. We were married five years ago. This was a second marriage for both of us. When we had our will made, we divided everything equally between his two “adopted” adult daughters and my two biological children. In recent months his adult daughters have proven without a doubt that all they are after is money. His, mine and whatever they can get their hands on. I recently found out that they were foster children that he took in as teenagers and were never legally adopted. He refuses to change the will. My mother is very concerned about my future inheritance from my family, getting into the hands of these two women. Do you have any suggestions? I actually considered divorce.

 

A: Estate planning for second marriages with children from a prior marriage, is always difficult. No one can really advise you without looking at these wills. Are you are saying that you have traditional husband and wife wills where, you inherit from each other, then when the survivor dies, the estate his divided between his daughters and your daughters? If so, yes, when he dies you can make a new will. It runs contrary what you agreed with him, and he may come back to haunt you, however, you are free to change your will as you desire. If my assumption about what the will says is correct or incorrect, you nonetheless should consult with an attorney so you are fully advised of your options.

Retail theft at Giant Eagle. Will I go to jail?

 

Q: I have been charged with retail theft, a misdemeanor. This was at a Giant Eagle the amount was around 150 in merchandise. The merchandise was in the cart I did not leave the store. I went to the front to get other merchandise. I was stopped. Nothing was concealed. The store is not seeking restitution as there was no merchandise taken. This is now in a court hearing in a few weeks this is a huge misunderstanding. What do I do how much jail time can I get? Is there any way out of this without a record? I am to start law school next fall. If I am convicted that is over. This is crazy.

 

A: You really, really, should hire a lawyer and go over all of the facts with him or her, and learn what your options are. You don’t always have to leave the store for a prima facie case of Retail Theft to be met. The statute speaks of “concealment”. I have had many clients who have not left the store but have concealed something on their person or in their cart, while in the store, and are charged. I don’t know what happened here but you may have a defense. If you assert you are innocent, your attorney can look at the video if there is any. He or she can advise you if you have a defense worth pursuing. If you don’t have a defense, and you have no criminal record, an attorney will know how to get you out of this with no record which will benefit your career endeavors immensely.

Employer says they will deny my worker’s compensation claim for MRSA.

Q: I work in healthcare ambulance transport company and developed MRSA.I was at work one day I must of had a patient that had this MRSA I transported him or her and developed MRSA I had filled out an injury report to my supervisor, they told me I would be deny workman’s compensation what can I do ?

A: Don’t accept the answer from your employer as true. They don’t want to pay money and have no concern about your health. You may or may not have a claim, but I suggest you to contact a worker’s compensation lawyer immediately. Preserve any evidence you can from your job before letting your intentions known to your employer, i.e., copies of trip sheets, logs, etc. (do not go as far as taking company property). Also, while the events are still fresh in your mind write down everything that happened, including dates and times of conversations about this with your employer.