What is the Pennsylvania law for stacking drug charges?

Q: My husband has multiple drug charges. Many are the same charges multiple times. We just want to know what the PA law is against stacking of charges. (Pittsburgh, PA)

A: A judge can stack or run what is called run “consecutive”, each count on a Criminal Information. However, many crimes which contain the same elements and arise out of the same event, merge for sentencing, and therefore the judge can combine the sentence on more than one charge for sentencing purposes. I would have to look at the charges to opine as to which charges merge.

Can I be charged with possession if drugs were found in driver’s car?

Q: I was a passenger in a vehicle. We stopped to pump gas and I was in the store with the driver. When we came out of the store an officer called the driver over to him for an arrest warrant. The car was searched, and a syringe and 1 stamp bag were found. I was released. The driver is now claiming it was mine. Can I be charged? (Pittsburgh, PA)

A: Yes, you can be charged. Can you be convicted? It depends on the facts. Where contraband is found in a car that both occupants had access to, it is difficult for the Commonwealth to convict one of the occupants if both are denying. Him owning the car works in your favor. If the contraband was found in the glove box or in the consul, that works in your favor. If under your seat, that works in his favor. Consult with a criminal defense attorney and be prepared for your Preliminary Hearing.

With a power of attorney, can I evict my brother from mom’s home?

Q: My brother moved in with our mother to help take care of her 17mths ago. He didn’t have to pay any bills, grocery’s or maintenance in this time-period. She’s now in a nursing home. He said he can no longer care for her. Now he refuses to pay rent or help with the bills for the nursing home. He is living in our mother’s home and driving her car. He verbally said he would pay $500 monthly. I supplied him with deposit slips for this money to go directly into our mothers account to help pay for the nursing home. Can I evict him being I have power of attorney over our mothers estate? (Penn Hills, PA)

A: If your mother is mentally competent and wants your brother to stay in her home and drive her car, that is her decision, not yours. If she is incompetent, you can act in her best interest, if your POA complies with state law and permits you to manage her real estate. If so, you may have to evict him through court since he has been living there so long. You would start this process at a District Justice office. If your mother is receiving funding such as Medicaid, rental payments to her may disqualify her. I would review all the details with an attorney.

Can an elderly relative change their will if demented?

Q: My Aunt’s property was left to a nephew and his wife and family. Other family members have been talking to the aunt who has dementia and now she has changed the will. Is this legal? (Pittsburgh, PA)

A: Your aunt can only change her will by executing another one, a new will, which is in compliance with the law. Plus, she can only execute a new will if she is competent. Dementia does not necessarily mean she is incompetent. There are varying degrees of dementia. If she executed a new will and you are suspicious of the circumstances, you should review all the facts with an attorney.

What can I do to gain ownership of my home of 11 1/2 years?

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Q: I rented a home from my grandpa. Upon his passing he made sure verbally to let everyone know what he wanted done with said house. I already pay water, sewer, garbage and power, the only thing I don’t pay is insurance. Upon his passing there was no will to be found. When his two sons who admitted to knowing what their dad wanted and the rest of the family had a meeting, his youngest son, informed us that he will not do what my granpa wanted if I get the house. He stated he would fight. Not only have I lived there for almost 12 years, but I was also taking care of my grandpa in his home. (West Mifflin, PA)

Q: If your grandpa had no will and is not survived by a wife, his estate passes under intestate (no will) law. Assuming he is on the deed with your grandmother who is deceased, the house will pass to his children under PA intestate law. There is not much you can do legally, that I know of. You might investigate if you can buy out the interest of the son who won’t cooperate. Perhaps you can get a mortgage on the home to pay him off. I would consult with an estate or real estate lawyer for a definitive answer.

What if I get slapped with a PFA because ex lies?

Q: She contacted my father stating I’m calling and texting her, threatening her and stalking her. None of this is true. I am working a full-time job have a girlfriend. This is being thrown on me and I’m innocent. I believe she is either upset or a close friend is doing this. What can I do to protect myself? (Munhall, PA)

A: Avoid her like the plague. Do not have contact with her in any form, not even telepathically. Save all communications from her-texts, calls, emails, Instagram’s, postings, snap-chats, etc., and lay low. Try not to go anywhere alone. Change up your routine-eat at different restaurants, drive another route to work. If anything happens, call an attorney. That is all you can do. Batten down the hatch and hope the nor’easter blows over.

Do I need a new deed now that my wife died?

Q: I recently lost my wife to brain cancer and our house is in both names. Do I have to do anything to remove her name or wait until I sell the house? She had no will or anything and wondered does everything just get put into my name as far as any belongings in the house? Wife’s family brainwashed our son who filed a false police report in hopes to have me arrested but because that did not work and DCP was called in, in-laws and son took me and wife to court while she was on hospice. I can’t trust them with anything at this time. They did not even visit my wife when they live a mile away and cared less about her after she was diagnosed with cancer 5 years ago. I now live alone in house but always think something can happen when I am not home. (Pittsburgh, PA)

A: In PA, deeds titled in the names of husband and wife are held as tenants by the entireties. This means that both spouses hold an undivided interest in the whole, as one. Unlike with joint tenants, where on tenant dies, and the survivor tenant inherits their half, the surviving entireties tenant still owns the whole as he did before, now only in his name. It is confusing but if your deed lists you as tenants by the entireties, or as husband and wife, you probably are now the sole owner. And generally, there is no reason to execute and file a new deed. A deceased’s spouse name can remain on the deed until the house is sold by the surviving spouse. As far as any other property held in your wife’s name only that was not real estate held by the entireties with you, there could be concerns. If she died with no will that left everything to you, then property held in her name only, passes in accordance with PA intestate (no will) law. This means that the first 30k of her estate passes to you, the surviving spouse, and the balance is shared 50/50 between you and children of you and your deceased spouse. As for your son and in-laws, you may want to consider getting a security system or a Pit Bull or Rottweiler, as a roommate.

How can I pass an interest in my house to my children if my wife is on deed with me?

Q: I recently refinanced my home and deeded it as tenants in the entirety with my second wife. I have two adult children. I would like to have my children have interest in the property if I die before my wife. What is the best way to do this as she has no immediate family and I do not want the property to go to the state upon her death. (Valencia, PA)

A: Consult with a lawyer with whom you can share all the facts. If the house is now titled by the entireties, as husband and wife, the entireties tenancy can only be severed if the wife agrees to sign another deed, one of you dies or by court order. As tenancy by the entireties, your wife will inherit it from you when you die, and it will not pass to your estate. Therefore, you cannot pass it to your children in your will. The only way to pass an interest to your children is to draft another deed. I cannot advise which type of deed will be best for your situation, but the options would be to execute a new deed with or without your wife on it. Your children could have a tenant-in-common interest with you or you and your wife, or joint interest with you and your wife. You could also do a deed to your children with a life estate in the property granted to your wife. If she has a life estate, she can live in the property until she vacates the property or dies, then her life estate is extinguished, and your children’s interest becomes free and clear. You really need to consult with a lawyer who can advise after understanding all the facts. Additionally, you should seek approval from your mortgagee whenever you change the deed if there is a mortgage or HELOC in place.

Can I get in trouble for not giving presents back?

Q: My friend got me a few pieces of clothing and an Apple Watch for Christmas this past year. We’re are not friends anymore and he wants everything back and says that if I don’t he’ll press charges against me. Can I get in trouble? (Rostraver, PA)

A: They sound like gifts. Gifts are gifts and are different from loans. Gifts are unconditional. If there was no condition attached to the gifts, they are yours. The fact that the Apple watch was given at Christmas sounds like a gift. Unless he has use for your clothes or can return them, the clothes sound like a gift. I don’t know what the other person’s story is, but as you describe it, they sound like gifts. Nonetheless, if he can convince a police officer that these were stolen, or on loan, you could be charged, but I don’t see it happening. If you are contacted by police, do not make a statement and call an attorney.

How can I get power over my mom’s finances if she is incapacitated?

Q: My mom has fallen ill. They put her in a coma. How can I take charge of her bills to keep her house going? There is no living will or power of attorney. She receives social security and pension checks. (Ligonier, PA)

A: If she is not competent to sign a POA, your only recourse is filing to be her guardianship. You should review all the details with an attorney.