Can the government take my parent’s home?

Q: If my parents sell their home to their children within the 5 years? How does the 5-year issue work in Pennsylvania? (Munhall, PA)

A: PA manages its Medicaid program through the PA Department of Human Services. Under Medicaid regulations, any transfer of an asset by a Medicaid applicant for no consideration (i.e., gift, $1.00, under market value, etc.) within 5 years preceding a Medicaid application, can cause the applicant to be ineligible for Medicaid benefits to the extent of the fair market value of the asset transferred. You say your parents sold the home. If it was a legitimate sale for fair market value, it would not rule your parent’s ineligible. If the proceeds of the sale went to your parents for their living expenses, which should be easily documented, there should be no problem. I suggest consulting with an attorney to review this sale before you do it.

Can CYF hold a mother responsible for the actions of the father?

Q: My sister in recently had her children taken from her custody and placed with her mother-in-law for a failed drug test and a somewhat recent drug related charge. My sister’s husband is a heavy drug user and hasn’t even contacted the children since they have been placed with his mother. My sister claims that CYF told her that they will be holding her accountable for his actions even though they are separated and not even living together. Is this legal? (West Mifflin, PA)

A: It helps if the heavy drug user father is out of the home. However, if mother has a positive screen and drug related arrest, it can result in children being removed from her home. More facts would need to be known. I suggest the mother speak with a lawyer who handles custody and cases involving CYF. If she cannot afford a lawyer, I suggest she contact the Allegheny County Bar Foundation Juvenile Court Project to see if she qualifies for a free attorney. In situations like this, mother may have a better chance of reunification and getting custody back if she splits from father altogether and enters and completes a serious drug and alcohol program.

Do I have any custody or visitation right as an aunt?

Q: My husband and I have been in his life since birth up to a little over a year ago when his mother took all visitation away. I supported him with diapers and cloths and wipes and we had him all the time. We love him, we taught him to swim gave him lesson we put him in early classes to learn to play with other kids! She got a boyfriend now so there are no visits. (Pittsburgh, PA)

A: Generally, grandparent have not right, or “standing” as they call it, to visitation or custody. However, you may benefit from recent amendments to the custody statute found in 23 PA CS Section 5324 based on your lengthy past relationship with the child. I would consult with a family law attorney to see if it would be worth filing a petition for custody or visitation standing.

What documentation do I need to obtain a Short Certificate?

Q: Both of my parents have recently passed. first my mother, then my father within an eleven-day span. I am the executor of the will and want to proceed in filing out whatever forms need to be filed and to carry out the will. I just need to know exactly what information to take to the courts to obtain the short certificate and be named legal executor. The only assets that my parents have left is a bank account with about $3000 in it as they were both in an assisted living facility before there death. (Pittsburgh, PA)

A: If there is only one asset as you mention, and it is in your parent’s name, you will not have to open an estate. Per statute, the bank can release less than $10,000.00 to certain next of kin if a paid funeral receipt is produced. There will be inheritance tax owed. Also, you need to be aware that if your parents received Medicaid, this money may not be free and clear to disburse. If this matter is a simple as you state, an attorney can assist you in getting the money and prepare an inheritance tax for you at a modest fee.

What are the inheritance laws if parents give house to child under 18?

Q: My mom is trying to buy a house soon. She wants to hand down the house to me and my brother in the event something happens to her. Since I’m 26 and he’s under 18, how does inheritance tax and exemptions work? If he were to be still under 18 in that event, would he legally be able to accept it? (Pittsburgh, PA)

A: Mom handing over a home to a 26-year-old and a minor may not be advisable. Additionally, I do not believe a minor can hold title to real estate. Your mother should consult with an elder law attorney who can assess her entire financial and personal situation and recommend the best options for her. Perhaps putting the house in a revocable trust is beneficial, but no one can tell without more information. The inheritance tax rate for children is 4.5% and it is practically unavoidable unless mom transfers the house out of her name altogether. Whether the potential consequences of doing that is advisable given the low rate of inheritance tax would be her decision. Additionally, not knowing the entire picture here, your mother should be advised of Medicaid implications with such transfer if she will potentially need Medicaid coverage in the next five years.

Who has legal rights to the home?

Q: If there are three siblings and one sibling is deceased, and she was married. Dad had a house but died and left no will. Does the one deceased sibling’s husband have any rights to the house along with the remaining siblings? The husband also has Alzheimer’s and in a nursing home. (Plum Borough, PA)

A: I will assume that the sibling died prior to the passing of your father, your father owned the home and as you said, he had no will when he died, and your mother predeceased him, or they were divorced prior to his passing. If this is correct, his home will pass under the intestate laws (no will) of PA. Under your facts, his 3 children, and the child or children of a deceased child (if any) will inherit his estate property, which will include the house, in equal shares. If the deceased child (your sibling) had a child or children, that child or children will inherit the share of their deceased parent (your sibling) which would be one-quarter.

Will warrant be issued if parent no shows for child support hearing?

Q: The mother is on government medical/ food stamp assistance. The child support case is in PA. The mother of child did not show up to the first initial hearing. The hearing has been rescheduled. Will a warrant be issued for me if I do not attend the hearing? (Pittsburgh, PA)

A: I do not believe the Family Division issues warrants for parties that do not show for hearings to establish child support. If it was a contempt hearing for failure to pay child support, they could hold a hearing without you, find you in contempt in absentia, then issue a warrant. If you fail to appear at a support establishment hearing, they will conduct a hearing without you and issue an order, which will likely require you to pay support.

There is no evidence, but I am accused of recklessly endangering?

Q: My mother and her husband engaged in a verbal argument, it got physical, she proceeded towards my location further down the street not knowing I was at my girlfriend’s residence on the porch. While making her way towards me, she then collapsed, and hit her skull on the ground. It appeared to me as an overdose, while kneeling to her aid I told my girlfriend to call 911. Her husband began to get irate, insisting they leave, and she did not need medical attention. I ignored him, moments later her he reached for my fully loaded firearm. It’s was holstered up against my spine, while I was kneeling to my mother the position became comprised, I realized what he was attempting to do, and struck him with my left elbow and gained control over my weapon with my right hand, I then removed the gun from behind me to my side, barrel facing towards the ground. Later the police alleged that I put the firearms to my step father’s head. I am now being charged with recklessly endangering another person. If this is a one person’s word against another’s, you have a good shot at a not-guilty verdict at trial. (Pittsburgh, PA)

A: I am assuming your mother’s husband alleges you pointed the gun at his head. That would be the evidence. Evidence does not necessarily have to be in the form of videotape. So, as you have just learned, charges can be based on victim testimony. You have the right to defend yourself and counter the victim’s story with your own testimony and testimony of other witnesses if there are any. I suggest since this case involves a gun, a felony and potential jail sentence, that you consult with a lawyer.

After I’m done paying the fine will the charge change?

Q: I pleaded guilty to a M1 charge. They told me they would give me a fine and it will be a non-traffic fine. I’m still paying on the 1100 fine. Will the charge change once the fine is paid off?

A: The fact that you are asking this question is not reassuring that you even know what happened to you in court. A plea to and conviction of a Misdemeanor 1 and a plea to and conviction of a Non-Traffic Summary offense, are entirely different things. A Non-Traffic Summary offense is usually satisfied by fine. A plea to a Misdemeanor 1 will result in confinement or probation or both. If you cannot ask your lawyer who handled this, call the court to see exactly what your sentence was and what you were convicted of.

Is an underage drinking citation still valid after 8 years?

Q: If a 17-year-old with no license receives an underage drinking citation with an immediate loss of license for 3 months, but doesn’t get his license until he is 25, is the citation still valid?

A: Assuming you pleaded guilty or were found guilty of the underage drinking offense, the correlating driver’s license suspension from PennDOT does not take effect until the person gets a driver’s license, if they had none at the time of the offense. PennDOT doesn’t forget.