FIRST TIME COLLEGE PUBLIC INTOXICATION CHARGE

Q. I am an education major in PA and I received a citation for drunk in public, should I fight it? Will this show on my record. I was walking down the street at my college campus and an undercover cop pulled up and asked if I was okay then I was given a breathalyzer test and eventually taken me to my dorm where a friend signed a release form. They hand cuffed me but never read me my rights. Next, I have to contact the magisterial district court. I was wondering if I should bring a lawyer to court?

A. You need an attorney to help you avoid a conviction, one way or the other. A conviction of this seemingly harmless summary offense will stay on your record for 5 years. At that point you can pay an attorney to expunge it. In addition, if you are a minor, there will be a driver’s license suspension. There may be first offenders options for students like you and an attorney will know how to access them.

How can we unload a piece of real estate?

Q: We have a piece of property that is zoned commercial/residential. We’ve tried to sell it but were not successful. We are not in the financial position to keep paying taxes on a piece of land that we don’t need. If we can’t sell it what can we do to unload it? It’s in White Oak, Pa.

A: I am assuming there is no mortgage involved. You can try harder to sell it. Put a sign on it that says “best offer” You can just stop paying taxes but need to confirm that the taxing entities will not come back at you for a deficiency. You should consult with a lawyer. If you cannot afford one, call the borough manager or tax collector and see if they will work something out with you. Perhaps the borough will accept a deed from you. Beware of not paying taxes and municipal services. Non-payment can result in interest, penalties and lawyer fees accruing which can turn into a big ugly bill and you being sued by the taxing entities.

What happens if I relinquish my rights as an executor of my father’s will?

Q: My two sisters and I were named co-executors of my father’s will. Both my sisters have asked if I would relinquish my rights as an executor since they were named joint powers of attorney for my mother who has Alzheimer’s. If I relinquish my rights how will this affect future decisions for my mother and the handling of the estate in my father’s will?

A: I am not sure what the connection is with your mother’s POA and you being tri-executor of your father’s will. By renouncing your right to be executor of your father’s will, you do not lose any right of inheritance, you just give up your right to administer the estate and charge a fee for your services, which could be 5% of the gross estate. Being executor requires a great deal of work sometimes and can be time consuming and stressful. If the fee is an issue, ask your sisters to split the 5% three ways. You would also be giving up the right to make decisions of how the estate is administered. However, unless there are unusual issues with the estate, most are pretty straightforward, especially if a lawyer is involved.

MARIJUANA, XANAX, MDMA IN MY HOUSE-WHAT TO DO?

Q. Can I pursue probation without verdict? The house I was staying at was raided. I am a student who was living in the dorms last semester, had a lease signed for a house beginning June 1st. Between then I was living at my friend’s house, and also my girlfriend’s house. Found in the house that was raided was 7lbs of marijuana, Xanax, and five ounces MDMA. I was charged with everything possession of the three and intent to deliver marijuana and MDMA. The marijuana and Xansa was in a safe and was not mine. I had no contact with it at all. Three ounces of MDMA belonged to me. However, lab tests will confirm that it is not MDMA. I believe it will come up as a synthetic cathinone. A warrant is out for the owner of the marijuana and Xanax. I was told those charges will be dropped from me as soon as he confesses to owning them.

A. You need a lawyer. I would have an attorney evaluate the legality of the search and the law of possession as it applies to these specific facts. You may have viable legal defense issues that even if they may not guarantee a win down the road at trial, may push the DA to offer an acceptable deal. A deal that results in no conviction for you is the goal. As you may know, a drug conviction will stay on your criminal history forever and will result in a driver’s license suspension. It will require good old fashion legal work-fighting the case but simultaneously badgering the DA for a deal for kid with no criminal history. Probation Without Verdict could also be a possibility for you, but it will take a lot of legal work and not merely asking the DA or police for mercy.

Can grandmother give money away after she is in a nursing home?

Q: How much can an independent senior (84 years old) gift money without getting penalized if admitted to a nursing home shortly after? How much money can be gifted to children each without penalization? How much money may be gifted to grandchildren?

A: The Federal Gift Tax Exclusion allows you to give $14,000 in cash or other assets each year to each of as many individuals as you want without dipping into the basic exclusion. However, if grandmother may need to apply for Medicaid funding in order to afford her nursing care in the next five years, these gifts may not be advisable. Medicaid eligibility rules have a five year look back on all such gifts or transfers made without consideration. Therefore, any gift made in the previous five (5) years of the Medicaid application and eligibility, can result in her being ineligible, or her being excluded from funding to the extent of the dollar amount of monetary gifts made without consideration. If you believe that Medicaid may be in her future, it would be wise to have grandmother consult with a lawyer versed in Medicaid law, now. There are ways of excluding some of her estate from a Medicaid claim. There are exclusions and exceptions, trusts can be created and there are allowable purchases that can be made in the Medicaid spend down process.

How do I drop charges against my boyfriend?

Q. How to drop criminal mischief charges when officer refuses? My boyfriend and I got into a fight and he damaged some of my possessions and was charged with criminal mischief. Since he received the citation, we have decided he would pay me the money owed for the damages without dealing with going to court. I called the DA office and they told me only the officer charging could drop the charges. When I contacted him to ask him to drop the charges, he refused. I had no idea it was going to be this extreme all I wanted was money to pay for the damages. What can I do to get the charges dropped when we are already resolving the issue?

A. See a lawyer. You can refuse to testify, even if the DA and police officer attempt to persuade you to do so. The only person that can hurt you is the Judge who can hold you in contempt of court for not testifying and put you in jail. This is doubtful and most judges will not go to this extreme in domestic case, especially if you were not personally hurt. If you hear the judge warn you about contempt, then you may think twice and testify. The lawyer can guide you through this it is too tricky to do on your own. Be careful not to change your previous story to police or you may end up in jail for false reports. Also, these charges cannot be dropped until his hearing. Your refusal to prosecute has to be on the record.

Parking garage lost my keys. Can I file suit?

Q: Can I sue a garage for losing the keys to my car they are refusing to pay for new ones and I have no spare?

A: The garage owed you a duty under bailment law. This was an implied contract to maintain your personal property, in exchange for the fee you paid. They probably have a disclaimer and release on the ticket which says they are absolved from any such loss, but most likely it will not be a defense to them in court. New key fobs with all of their technical capabilities can run at least $200.00 to replace and reprogram and sometimes much more for some of the higher end cars. It is a long shot, but you could also look to your insurance to see if they will cover this loss. Then, your insurance company can go after the garage.

Brother changed dad’s will

Q: My mother died 7/24/13 in PA and she and my dad have had the same wills for the past 25-30 years dividing property equally between my brother and me. My dad went to Anchorage to live with my brother after my mom’s funeral service and I asked for a copy of their will. My brother is an attorney and works for the AG office and said it was just changed 11/1/13. It leaves everything to him. My dad is 84 and on 10/4/13 went unconscious with insufficient blood supply to his brain. He recovered but is not in good mental capacity. I would not have known anything about the change of will had I not asked. I think there is deceit and undue influence. I have numerous people who would verify what my mom’s wishes were because she spoke about it a lot before her death. My mom and dad’s other will was from PA where they lived and where all the property is. We are talking about a substantial amount of property. I don’t have the money to fight him and wonder what can be done if anything.

A: You need to confirm whether mom and dad had typical husband and wife wills in which each inherits from the other. If that is the case, your dad inherited from your mother. The issue is whether your father had competency to make the will that your brother speaks of. If you wish to have the will challenged, you probably need a doctor to opine that at the time it was signed by dad he was incompetent. For example, he was on medication at the time, did he suffer from dementia or Alzheimer’s disease, etc. In PA, you would need that to prove he was incompetent at the time. Proving undue influence would require witnesses to say your brother misled, bullied, coerced, or manipulated your dad into signing. Unless you have credible witnesses to support these allegations, it would be difficult. Unfortunately, you need to hire a lawyer in Alaska. He could contact your brother, ask for a copy of the will, and try to see if he can get an opinion from your dad’s doctor as to your dad’s competency when he entered the will. This is a tough battle. If there is a large amount of money at stake, an attorney may be able to forego a retainer if he believes there is a case.

A SUMMARY, DISORDERLY CONDUCT CHARGE-WHAT IS MY FATE?

Q. I am charged with Disorderly conduct- Engaged in a fight “Summary Offense”? I have court this week. I’m just wondering what to expect. Will I go to jail or will I pay a fine? I am a minor and I plead guilty.

A. You can get 90 days in jail for a summary, but most people don’t. Usually only vagrants, the homeless or frequent flyers get jail time on summaries. Your fine will be anywhere up to $300 plus costs. A lawyer may be able to improve your situation. There may be other options such as a withdrawal of the charges. If you are convicted of a summary offense, it stays on your criminal record for 5 years. At that time, you need to pay an attorney to expunge your record.

Is dad’s vacation house part of his estate?

Q: Dad died. His will says his vacation home should be sold and proceeds distributed evenly among four sons. Residue of estate goes to sole sister. Problem is the vacation house was sold 6 months before Dad’s death. Brothers say they should divide proceeds of sale. Sister says it is all hers? Any advice that you can offer?

A: If the house was sold before his death it is not part of the estate and the proceeds, unless gifted or assigned to someone else, should have gone to dad? If there are still proceeds in dad’s bank account from this sale, that money falls into the estate residuary and in your case goes to sister. However, I am not looking at all the facts here and you should not rely fully on this opinion. You should really let an attorney look at all of these documents to answer with certainty. In addition, since this transfer was within one-year of death, it will be subject to inheritance tax on its full value minus a $3,000.00 deduction.