My father is in assisted living with Alzheimer’s What do I do with his car?

Q: The car has been parked in front of his condo (which we will eventually sell) for months. We would like to drive the car and keep it at our house. Do I need to transfer title, or can I just put the car on my own car insurance? I am his financial power of attorney, and do not want to do anything unethical. (Hermine, PA)

A: There is a larger picture here that any lawyer would need to know before giving you a definitive answer on what seems like such a minor thing. We would need to know if your father is incompetent. If so, the transfer would need to be through the POA. Very generally, if your father has any foreseeable need to apply for Medicaid in the next five years, a transfer of this vehicle out of his name could subject him to a Medicaid penalty to the extent of the value of the transfer. If Medicaid is not an issue more information would be needed on who the potential heirs of his estate are. If these heirs would ultimately object to transferring the car into your name via the POA (if the POA authorizes such transfers or gifts), as a gift, then it may be an issue. Even using the car which will ultimately be estate property, could be objected to. If you are confident you have no potential Medicaid issues, and you are the only heir, there is less risk here, but I would still consult with a VA attorney.

Can my mother and I sell her home and dissolve the life estate?

Q: My mother is 89 years old and developed mild dementia and heart disease. The doctor does not want her to live by herself, so she has moved in with me. We set the life estate up about 5 years ago after a lawyer assured us it was the right thing to do. I am the only surviving child and do not plan to put mom in a nursing home and will use hospice if needed in the future. I do not want to rent the property because it is about 100 miles from me and would be more trouble than it is worth. Can I sell the property since I am providing my mother with a place to live and am also her caregiver? (Baldwin Borough, PA)

A: I would need to know is the life estate in the deed or a trust and look at the documents. If in a deed, does the life estate terminate upon conditions of her death or her being unable to live in the home independently? If in a trust, the trust will have similar conditions which constitute the ending of the life estate. Who does ownership pass to when the life estate conditions have been fulfilled? If one of the conditions of the life estate terminating is her being unable to live in the home independently, then that condition has been fulfilled and you should be okay. However, you should review the paperwork with attorney for a more definitive answer.

Can my father in law sue me?

Q: My father in law was getting evicted from his apartment he asked if he can stay with us we told him no we don’t have the room. He asked can he store his stuff in our basement we said sure. So, we started moving his stuff in as we were doing this he offered my son his bed and his dresser, so we took the items. We let my father in law stay one night because of the weather and he had nowhere to go. One night turned into 40 nights and then we put our foot down said you gotta go, in so many words. He moved out and he bought the house next door to us and demanded his bed and dresser back. We told him no, in no in so many words, because we can’t afford a new bed and already threw the old one out. Now he is suing us for 2,300 dollars. Does he have a case? He never paid rent and there was no agreement for rent. (Elizabeth, PA)

A: Anybody can sue anybody. It doesn’t mean they will win. No attorney will take the case (I can think of one who would). Will he go to the District Justice Office and sue? Probably not. If he does, will the DJ award him money or the bed to be returned? Probably not. He has no written agreement, it would be your word against his that it was a gift versus conditional loaner furniture.

Can I use this to win the trial?

Q: First-off the cop that was accusing me charged me with a wrong case number and was corrected by the judge. He then tried to say my registration and tags were from different vehicles and on his report literally everything he put down about my car info was wrong. I quickly proved he was wrong and on top of that he never asked me to take a test when he pulled me over but I’m charged with 1547b1. It makes no sense then he told the judge he pulled me over because I had illegal tent but my car has no tent at all he told me my plate was cruked but said some different in court in he never mentioned how he damaged my car trying to find drugs when I only had 2 packs of cigarettes in the car. I know that’s not how probable cause works it’s this because of my race. I feel like I was pressured to plead guilty in fully and did not understand what I was charged with. I did some research and it seems like I was falsely charged. (Pittsburgh, PA)

A: You can use it. However, if you present this argument in court the way you present it here, you will likely not win at trial. I think you need a lawyer to help fashion your story into a more understandable and cogent defense. When you say you were pressured to plead guilty, then you need to be aware that there will be no trial to present this defense unless you appeal within thirty days of your conviction or plea. I think you could greatly benefit from having a private lawyer or public defender review this situation.

Can we marry if he is on federal parole and I am on state probation?

Q: Can I being on Probation and house arrest marry my fiancé who is on federal parole? I am on house arrest for my 3rd DUI. He came home 6 months ago from the Federal prison. Are we still able to get married and if so how do we go about it the correct way without getting into extra trouble. (Coraopolis, PA)

A: Sounds like you have some common bonds. I can’t think of anything that would legally prevent your marriage unless it violates the terms of either of your probation about not associating with each other. If it is not specified in the written sentencing order or probation condition documents, the probation officer can still object to you cohabiting due to a history of drugs, domestic violence or other criminal behavior. In that case, you can might be able to put a motion in front of the judge asking that such condition be lifted.

I have my boss on video calling me a liar

Q: I have video footage that my boss called me a liar and that he is willing to do anything to get me disciplined. I am a union bus driver in the City of Pittsburgh. About a month ago I was spit on by passenger a few days later the passenger’s friend who had calmed her down when I threatened to call the police called him claiming that I called the first woman a cow there is no proof one way or the other than the fact that the woman who sent into complained her story does not match up with the video footage mind you there is no audio and so because there is supposed discourteousness towards a passenger I was given three years-probation on a written warning I videotaped the hearing without my boss and knowing and came to find out he thinks I’m nothing but a big liar and states in the video that he has no proof and then because I failed to mention the last thing that she had said to me before she spit on me in the hearing but I had in my written statement he’s claiming that it’s probably fraudulent on my behalf. (Pittsburgh, PA)

A: This is hard to follow as written. Your video tape obviously has an audio track. This was an illegal recording if you have audio. PA is a two- person consent state. You can be charged criminally for this. I suggest that you be extremely careful in using this tape. You should speak with an employment discrimination lawyer before you do anything.

What can we do about hoarder neighbors who cause roaches?

Q: For the last couple of years we have had a neighbor trash hoarder. The trash never leaves the porch. (This time it’s been since October since being moved) They have a dog in the house that never comes out to potty, so it goes in the house. They have rotting food on the porch. The roaches at night you can see in the thousands. My husband has made it a ritual to spray every couple of days. Sometimes you can kill up to a hundred coming in at my front door. The roaches carry diseases and I have an 8-year-old daughter. I’m at my wits end with this situation. (Pittsburgh, PA)

A: This sounds like a public health issue that is the responsibility of your municipality to remedy. If it is as bad as you say it is, your first call should be to the local zoning code officer. Ask him to come out and assess the situation. I am not sure of the exact procedures with your local ordinances but normally, the code officer will assess the situation and talk to the home owner. The zoning officer normally issues a citation which cites what codes are being violated and gives the property owner so many days to clean up before the hearing. You can also go to your municipal council meeting and complain if nothing is being done. You can also involve the police who will likely refer you to the code officer but may also make a referral to a mental health agency, so a home visit can be done for this person. You must be proactive.

Can I sue an organization who claims to be my husband’s guardian?

Q: This organization along with the Department of Aging said they were guardians and had a POA over my husband. They said he was financially abused which was untrue. No paperwork, nothing in courthouse. So, what do I do since they probably fudged the taking of him and placing him in a nursing home? He wants to come home and says that those people do not even come to visit him. The one organization which is led by these women who become guardians for a living. They take his money each month from social security. What should I do? (Export, PA)

A: This didn’t happen overnight. It seems you are just becoming aware of this which is odd. You should have been contacted originally when he was taken in to care and served with the guardianship petition and notified of the hearing. Normally, no one can fudge court orders, stick a person in a nursing home and take their money. You need to investigate the situation. You can go to the county probate clerk’s office and look at the file. If there is in fact an appointment of a guardian, there should be a petition and order inside the file. If you don’t understand the documents, you might be able to get a probate clerk to help you, but they cannot give you legal advice. At least from the file you can find out who in fact the appointed guardian is and who the attorney appointed by the court to represent your husband is. You can then investigate matters further. If you qualify to be his guardian, you can hire a lawyer to petition the court on your behalf.

What will happen?

Q: My Father is in his late 50s and not in the best health. He inherited my grandmother’s property some years ago. His girlfriend somehow signed her name onto the deed of the house during the transaction. My Father says he was unaware of. I’d hate to see this property go to this girlfriend if something were to happen to him. I asked him about a will and he said that’s not something a son should ask their parents. So, if my dad passes away, does the property and everything on the property go to the girlfriend because she’s on the Deed of the house? (Murrysville, PA)

A: I don’t know. I suggest having an attorney look at the deed. It should be on file in the Westmoreland County Recorder of Deeds. If her name is on the deed as an owner, she has some interest in the property. If she is a tenant-in-common, she will own a divisible one-half interest with your father’s estate when he passes. If she is a joint tenant, with survivor rights, she will own the entire property when he dies. If there is no mortgage or liens, she will own it free and clear. As far as trying to rescind the deed with the argument that she somehow got her signature on the deed without his knowledge, that usually is an uphill battle. However, an attorney examining the deed can determine if it was legally executed, discuss your father’s competency at the time and perhaps shed some light on the situation for you.

How does a mother can control a 16-year-old son?

Q: This child has been in court system for a year due to pot use and several crimes against property. He fathered one child and supposedly girl friend is pregnant with 2nd. He is living with mom and 3 younger siblings. She feels he is treating her and them poorly and before he creates more havoc, she could like to see him on his own. He had a job paying $400 a week and was living with girlfriend and her parents. He is “off paper” in October. (Pittsburgh, PA)

A: So, apparently, this child was adjudicated delinquent and his juvenile probation case is about to close. So, on a scale from 1 to 10 he is not that bad if he successfully competed probation, but he is disruptive and abusive at home. You can try counseling. If that doesn’t work you may want to look toward filing a dependency complaint in Juvenile Court. If he is disruptive to your home to the extent he is not welcome there, he might be using drugs and is not attending school, a court may adjudicate him to be a dependent child. If this happens, the court will have jurisdiction over him and force him to comply. To inquire about filing a dependency action, you can consult with CYF or call the police. You can also consult with a lawyer who handles juvenile law.