Can my father transfer property to me without his wife’s signature?

Q: The property in question, was his before the marriage and they have never lived on it or made any improvements. I have been the sole resident for 28yrs. She has contributed nothing to it and has been there maybe once. (Cecil Twp., PA)

A: There is a PA Divorce Code issue here. Although the property would be considered non-marital, as he owned it prior to the marriage, his spouse may have an interest in it. Her interest would be in the increase of value of the house from the date of the marriage to the date of the sale/transfer/gift (if any increase at all). In my practice, I have the spouse sign off any interest she may have acquired under the PA Divorce Code.

Can I, as an heir of my mother’s will, get full financial disclosure from my sister who was POA?

Q: Mother had dementia and agreed to my sister being POA. I believe money is missing and was misused during the required Medicaid spend down. I went to original consultation with elder care attorney, but my sister fired him, without my knowledge. The new attorney did Medicaid paperwork but neither attorney nor my sister will share details with me. Based on my knowledge of assets at beginning of illness, mom had about $210k of assets, Medicaid summary shows $168.5k of spending (with $55k spent on groceries in 2 years! and other questionable expenses). Neither the original assets or spending includes 30 months of approximately $45k in social security or stock dividends. Do I have a legal right to bank statements and other financial information to do my own audit? If so, how can I get this info? (Pittsburgh, PA)

A: A party of interest, which you would be as an heir, can petition the court for an accounting of all monies spent by an Agent while serving under a POA. The accounting can be for the period while the Principal is alive or after the death of the Principal. If your suspicions have merit, you can petition the court to ask her to produce a full accounting. It will go better if you have an attorney handle this for you.

How can you sue for harassment and adult Cyberbullying?

Q: I’m suing a woman for harassment, bullying, Cyberbullying. But, her attorney keeps filing preliminary objections saying these are not recognized as legal claims. Please help, my suit may be dismissed. (Pittsburgh, PA)

A: The outcome of your case is not likely to be favorable if you do this on your own. Do you perform minor surgery on yourself? You should review this with an attorney to see if you do have a claim.

How do I handle a neighbor’s roof runoff between our houses?

Q: I suspect this neighbor (who recently had their roof and gutters redone) is now running a drainage hose from their property into a utility easement between our houses. They are on a hill behind my house with a utility easement between us. My yard is getting flooded every time it rains and the neighbor next to me is getting a flood of water down his hill, which then also runs into my yard. (Pittsburgh, PA)

A: There are general land use laws that hold that one land owner cannot create a situation which allows water to run off his property and on to the property of others. Before hiring an attorney, you need to take photos, keep a log of all activity, and contact your local zoning enforcement officer. He can look at it and advise you. If what you are saying is accurate, the zoning officer should contact the neighbor and tell him or her to stop and if necessary issue a cease and desist letter. If that doesn’t work, there is a citation process which may be authorized under your borough zoning and/or land use code. You may also ask the zoning officer to direct you to the applicable sections of the zoning code and perhaps get a copy from the borough or township.

Can I hire a lawyer to get my License unsuspended?

Q: I have term driver’s licenses suspension lasting till 2022 for failure to respond to traffic citations and driving with a suspended license in the state of PA (which I’ve just about paid off). I’m eligible for a bread and butter license based off the information that was sent to me from the DMV. Can I hire a lawyer to get my license unsuspended or at least assure getting a bread and butter license? (Pittsburgh, PA)

A: I don’t think you can get an order of court to “unsuspend” a driver’s license suspension, unless you file a timely appeal of the underlying offense or appeal the PennDOT suspension, and win. I think your remedy is the OLL (Occupational Limited License) or as you call, bread and butter licenses, process. You can go to PennDOT’s website, download the form and try it on your own. You can always hire an attorney to help you out, if needed. You should also consider getting your driver’s history and determining to whom you owe fines and/ or restitution and pay off what you can. After you pay a fine or restitution amount in full, you can send the payment receipt (usually from the District Justice or Clerk of Courts) to PennDot and they will remove it from your record.

Can POA withdraw money from his accounts?

Q: My 92-year-old roommate’s son has become gravely ill. A week or two after the onset of his illness the daughter had him signing all kinds of forms. She froze his bank accounts and I believe she has moved all of money to a bank in her city. (Oil City, PA)

A: I am thinking that you are asking if your 92-year-old roommate’s daughter can move or transfer the son’s money. She can do so if he was competent when he signed “…all kinds of forms…” and one of those forms was a legal general durable power of attorney which authorizes her to do such acts. If you feel this is not the case and he may be the victim of elder abuse, call the local Department of Aging and ask them to visit and talk to him.

Will ex do jail time for assault while on probation for Endangering the Welfare of a Minor?

Q: My X-wife is on probation for Endangering the Welfare of a Child. She got a simple assault charge for punching my mom on her property. Being that she is on probation, will she get jail time? If so, how much? (Pittsburgh, PA)

A: Assuming she is convicted, she faces two possible sentences. One, is from the probation judge for violating his probation by committing a new crime. The second one would be for the new, simple assault crime. There are many factors that the judge on the new case must consider in fashioning a sentence for a defendant. There are the sentencing guidelines which consider her prior criminal history and offense gravity score, how bad was her criminality in the probation case (what type of harm did she cause to a child), how bad was her criminality in the new case, was she on her own property or on your mom’s, did mom provoke her, etc., how long was she on probation until this episode happened with your mom, did your mom have injuries? She could get some time in the county jail, or she could get probation. As to the probation judge, he considers many factors as well, but mostly how she complied with his probation. By punching someone on his probation, he will be disappointed. My advice is to ask her attorney.

Will I pay inheritance tax as a spouse?

Q: My husband, deceased Aug 2017, had some property in his name only, this property was purchased before we were married, and one piece was purchased after marriage, is this property taxed as inheritance tax for me (spouse). Is there anything taxable to me (spouse) as inheritance? I live in Allegheny County, in Pennsylvania. (Verona, PA)

A: If the property is in his name only and not in his name and yours, as husband and wife, it will pass to the heirs named in his will. If he has no will it will pass in accordance with the PA intestate succession statute. As applicable to spouses, the first 30K will pass to the spouse and the balance will be shared by the spouse (50%) and the children of both (50%). Spouses are subject to a PA inheritance tax rate of 0% and children, 4.5%. This means that if the house is worth 100K, 65K passes to the spouse but is taxed at 0% and the spouse will therefore pay no inheritance tax. 35K passes to the children and is taxed at a lineal rate of 4,5%. Permissible deductions may apply to further reduce tax liability. I suggest you meet with an attorney to prepare the inheritance tax return.

Do I need power of attorney or just temporary documents?

Q: My 48-year-old daughter is in hospital on a ventilator. She has been diagnosed with Castleman’s Disease. She has other other issues as well. She is not married at this time. Her children can’t handle her business affairs. I’ve been asked to handle her bills, and business matters. I am in the dark as to what I need in writing if anything at this point or can I just make decisions? (Pittsburgh, PA)

A: I am so sorry. If she is mentally competent, even if she cannot speak, she can execute a financial Power of Attorney which will allow an appointed person to manage her financial affairs. She can also execute a medical power of attorney. If she is not competent, you may need to establish a guardianship over her. I would consult with an attorney who can more fully advise after gathering all the facts.

Am I responsible for my deceased mothers medical debt?

Q: Mom was in assisted living up in Michigan after she moved in with my sister. She incurred approximately $2300 in debt to Omnicare, the pharmaceutical company used by the facility. The debt started accruing in 2016 because Omnicare was not billing correctly. They also failed to notify the facility to which they kept delivering this supposedly uncovered medicine. Mom used the medicine for years and it was always covered, before and after Omnicare. I began working with Omnicare trying to resolve this issue as soon as I learned of the problem, but to no avail. Mom had two insurances for drug coverage – one through the State of Michigan and the other Medicaid. I just heard from Omnicare for the third time since mom passed in Feb 2018. This time, they asked if mom’s estate went to probate. I cannot remember if that was asked before, but there was no probate. What little money mom had at the time of her death was applied to her burial cost. She owned no property, no stocks or bonds or investments. She was on Medicaid. Before I speak with Omnicare again, I would like to know if I am correct – that I am not responsible for this debt. (West Homestead, PA)

A: It used to be that family members had no personal liability for the debts of a decedent, unless that family member signed the contract with the provider to guarantee payment. However, some states have passed “filial” law statutes which permit providers to recover against certain family members (children included) for medical debts of an indigent person. PA has a filial law statute. I do not recall Michigan having a filial responsibility law statute, but I would check with a Michigan attorney. Whatever you do, do not agree with Omnicare or anyone else to pay these debts.