My brother as former POA is not releasing funds. What do we do?

Q: My mother revoked his POA. He was refusing while fiduciary and now that it’s revoked continues to refuse her physical property’s return to her. She was deemed fully competent by her doctor. (Pittsburgh, PA)

A: If she is competent and has revoked her prior POA, your brother should not be acting on her behalf. If he is doing so and she is opposed, it could constitute a crime or be actionable in Civil or Probate Court. I would consult with a local WV lawyer. In the meantime, if this hasn’t been done already, send the brother a copy of the revocation by certified mail and make sure all persons or entities (banks, financial institutions, etc.) have a copy as well.

I found out my boyfriend set up his old cell phone in my bedroom

Q: I found out my boyfriend set up his old cell phone in my bedroom and has been remotely accessing it through his new Samsung galaxy phone while working out of town. I found out for sure it’s a live feed type of situation because I could hear background noise on his phone when everything was silent at my house. I confronted him eventually after recording myself calling him was blocked on my home phone twice and you could hear him say hello through the planted phone and then the noise his phone makes when a call is dropped because I hung up. Right after that he messaged me and asked if I called & hung up. Is that enough to prove he accessed it? Should I give that cell phone back to him or do I need that phone in hand. I have three minor daughters in adolescence and one under 10yrs old. He is a malicious and vindictive type of person who has been threatening and blackmailing me threats of exploiting intimate materials of myself. (Uniontown, PA)

A: What he is doing, at least from what you posted, sounds like a crime. I would talk to the police. Save all evidence you can including texts and calls. If you have his phone, save that as well for the police. If he was recording you without your knowledge, you may also have grounds for a civil suit, but I would get the criminal started first.

If someone punched my van can I get arrested for pushing them?

Q: This week I pulled over in a school parking lot to try and figure out my GPS and someone was yelling. This man came out yelling that I had to move, and he punched my new van leaving a dent in it. I pushed him, now the police called me saying I need to come in for an interview. Can they arrest me for pushing him and what can they charge me with and what can I charge him with? (Monroeville, PA)

A: Yes, the police can file charges against you. They could file anything from a misdemeanor Simple Assault down to a summary level Harassment. It is highly advisable that you not discuss what happened with the police. However, you can cooperate in making yourself available to receive charges. Tell them on advice of counsel, you cannot talk to them, but tell them you will accept papers in the mail or turn yourself in if necessary. You also should report this incident to your insurance company. You can ask the police to file criminal mischief charges against him for damaging your van. They may or may not take your charges against him. Police hate to file cross criminal complaints and therefore usually file charges on behalf of the first person who contacts them. This isn’t fair but that is the way it has always been.

How can I get legal custody of my great niece?

Q: I have been raising my almost 4-year-old great niece for 2 1/2 years now. While her mother (my niece) was in prison for vehicular manslaughter killing her 6-year old son. Her father dropped her off at my house and has only seen her a handful of times in the past 2 1/2 years. He doesn’t help with her at all. Her mother got out of prison about 3 weeks ago and is trying to take her from me. She can’t even get her son back. I have done everything for this little girl. How do I file abandonment charges on them both? (McKeesport, PA)

A: You have an excellent chance of establishing standing to get custody under new amendments to 23 Pa. CSA Section 5324. You can have an attorney file this motion for you to get in front of a judge and have an order granted. If you cannot afford an attorney, you may be able to get help in the Family Division at 440 Ross Street in downtown Pittsburgh. There is a pro se (self-representation) motions program.

Can I divorce my husband who is in prison in PA?

Q: I want to divorce my husband, we got married while he has been incarcerated. We have never lived together and have never consummated the marriage. We both agreed to the divorce. He nor I will contest it. Is there an easy way to do this?

A: A no-fault uncontested divorce is usually easy, as long as he can accept service of documents where he is living and can return mail. If you don’t feel confident in doing it yourself, which most people don’t, shop around for a good price from attorneys. If you are indigent, or under a certain income level, you may seek help from Neighborhood Legal Services or from the Allegheny County Bar Association indigent divorce program.

Can my husband take my vehicle if it’s in his name?

Q: My husband and I haven’t been together in a year. We are not legally separated nor has the divorce started. We have 2 vehicles both purchased since we have been married but both unfortunately in his name. We’re living in 2 different states, myself in PA and him in Ohio. There haven’t been any issues as far as the vehicles go unit now. Last week his transmission went out and now he is demanding my car. If this was “my” car bought while together married both of us paying for the vehicle is he able to take it and or report the vehicle stolen? My car is the only belonging I am left with. Thanks in advance! (Pittsburgh, PA)

A: You will have a good argument when the court divides your property in the divorce action, in that regardless of who is on the title, it is marital property. However, as to here and now, he is on the title and if he wants to, he can try to take it. The police may or may not let him do it. They are not going to involve themselves in a driveway divorce settlement. They may be persuaded that he has the title. Or, knowing that you are married, they may tell him to hit the road and talk to his divorce lawyer. You may want to tell your local police what is going on in just in case. What you can do is keep the car in a garage, hidden or blocked in, if that is possible. The police will not take a stolen vehicle report where the alleged perpetrator is the wife. In the meantime, you may be able to have an attorney file an emergency motion to give you exclusive possession of the car, pending the divorce proceedings. You may also tell him that such a foolish act will hasten your filing of a spousal support complaint. If his behavior turns to harassment, you can file for protection under the Protection from Abuse (PFA) statute.

Can a school question a student without a parent present?

Q: My child was questioned last year about an incident for 3 hours by school officials. There was no danger to anyone. They ended up calling state police and criminal charges were filed. I was notified after everything was complete. He has ADHD and ODD and was only 12 at the time. The school was aware but had no 504 or IEP in place because they have been dragging their feet. He is now facing criminal charges for which the school has no proof, no bus camera, no witness and did not do a thorough proper investigation. Now the girl’s story has changed. They coerced him for 3 hours into a confession and made him write a confession letter. Can you please provide me with law specific to this? (Peters Township, PA)

A: I assume he has juvenile delinquency charges and a court date in juvenile court. Your best course of action is to hire a private lawyer. If you cannot do so, sign up for the Public Defender. It sounds like you may have some defenses. As you have noted, you may have an issue that his statement was illegally obtained. I would need to research the latest case law for a definitive answer but how they obtained his statement does raise a red flag. If there are facts to support an illegally obtained statement, the attorney can file a motion to suppress it, and have it excluded from court. It may also help to have your son evaluated by a Psychiatrist to document his Mental health diagnosis. Additionally, if this is your son’s first juvenile case, there may be a diversionary option for him in juvenile court, so he can get out of this with no record. A lawyer can help the situation and answer your questions as they relate to your specific facts.

What are the parent’s responsibilities for an 18-year-old?

Q: Our child will be 18 soon. She is still a senior in high school and wants to move out the day she turns 18. She works and says she can pay for rent, phone, etc. She than told us her guidance counselor said we had to sign for college loans and pay for medical bills until she’s 26. If She moves out isn’t she responsible? We cannot afford to pay for college. Why are we being taunted by school and her. She does not listen to house rules and her friends are not safe near our smaller children, she’s been in trouble with law breaking entry, drinking and her boyfriend is on probation and not allowed near small kids and keeps trying to bring him here for sex. Please help. It’s for the safety of my smaller children. We don’t have the money to pay for college or her medical. (Pittsburgh, PA)

A: Once she turns 18 she is an adult in PA and you have no financial responsibility for her. Under current PA law, you are not obligated to pay for college, or other post-secondary education. If you really want to cut her loose, you can, not that I am recommending it. The current law allows you to keep her on your health insurance until she is age 26 but does not require you to. If you want, once she is 18, you can put her stuff on the porch and change the locks.

How can I be removed as guardian?

Q: I am permanent guardian of the person and estate for a 50-year-old adult son with mental illness. However, he can and has acted independently to get jobs and credit cards. It has become almost impossible to track his spending and I question if he is legally incapacitated. At I minimum I cannot handle the guardianship any more. I also receive no compensation for it. He is no longer under the auspices of the mental health system but is in jail with a potential mental health commitment for competency. (Pittsburgh, PA)

A: If you have been appointed guardian of his person and estate, you can petition the court to appoint a successor guardian. Unfortunately, you will need an attorney to do this. You might be able to find an agency to take over but without knowing more, I am not sure what agency would accept him for services. If an agency would step in, they may be able to handle petitioning the court to have you removed and replaced. The interest of an agency will increase if he is collecting disability or if there is some other source of income for him.

Can a house be taken from you by the executor? if left to you in a will

Q: My husband was left his grandmother house in a will. But his father is the executor or person in charge of everything. One minute he wants to give us the house. Then, the next minute he wants to rent it out. It will be one-year next month. We are paying the bills to keep the lights on, water bill, and just started two months ago paying the taxes and house insurance. We are not sure if we should move in because we are scared he might put us out. (West Mifflin, PA)

A: You are not saying if grandmother died yet. If she did not die, she and only she can draft another will changing the disposition of her property. If your husband’s father does not like the fact that you will inherit the house, he is stuck unless he commits fraud by destroying the will, or has grandmother execute another will which can only be done if she is competent. He could also sell the house through a legal Power of Attorney, assuming she has one naming him as agent in which he is authorized to sell her home. Different story if grandmother has died. If there is an estate opened for grandmother, your father-in-law must follow the directives of the will and the estate attorney should be advising him to do so. Since it sounds like the house was specifically devised (given) to you, the only way that gift could be thwarted is if there are not enough estate assets to pay debt which would require the estate to sell the house. If that is not an issue, you may want to consult with an attorney. If grandmother has not died and her will is in your father-in-law’s custody, you need to be careful. You should get a copy and consult with an attorney. There may be a legal procedure whereby a petition can be filed in court to produce the will and hold it in escrow. You want to make sure the will is preserved.