Can he work as a CNA with prior involuntary manslaughter?

Q: I am asking this for my other half because he wants to get back in to CNA and had charges of involuntary manslaughter? Would he be able to work in PA as one? He served all his time for it and has nothing pending. (Pittsburgh, PA)

A: Not as my mother’s caretaker. Just kidding. I assume he was adjudicated guilty-either pleaded or was found guilty? If so, you need to contact the PA state board that licenses certified nursing assistants and ask them. I would think he would have to have a criminal history check and some sort of official state clearance and therefore he would be ineligible. Check www.nursinglicensure.org. They may have a Q & A section on their site or a contact number. Good luck.

Do I need a bill of sale to prove a prior transfer of real estate?

Q: I am purchasing a piece of property from an individual, he is the youngest of three children. His mother has dementia and is in an assisted living home, he has power of attorney. He has a warranty deed that states that he received the property from his mother for a sum of money. My closing agent has a copy of this deed and is asking for a bill of sale or bank account to show the transfer of money, in case one of the other children try to take the property. Is this necessary or does the warranty deed take care of this? (Pittsburgh, PA)

A: No, it is not required, however, I think your closing agent is exercising due diligence as I would in this situation. Two potential concerns. One, is that it was a transfer without consideration (no actual money paid). If that happened, and his mother needs to apply for Medicaid in the future, or is receiving Medicaid benefits right now, Medicaid would ask for the record of the transfer. If no consideration was paid, there could be a problem and the home could potentially be subject to a Medicaid lien The second concern is that the other children didn’t agree to or don’t even know about the transfer. I think it is best to be cautious.

What if probate can’t find heirs to accept timeshare?

Q: If probate names beneficiary after beneficiary to accept a timeshare and each and one disclaims the timeshare, how deeply into the decedent’s, “family tree” will the probate continue to search for some remote relative? (White Oak, PA)

A: The Executor or Administrator has the duty to use due diligence in finding heirs. This will involve paying for a genealogical search. If no heirs are found or heirs are found, and the remaining heirs disclaim. The attorney will have to close the estate. the timeshare will lapse and eventually escheat to the PA Department of Revenue Unclaimed Property Division. Should an heir later come forward, they can apply for the unclaimed property by filing out a form and producing required paperwork.

I’m out on bail, hit a car and took off. Will my bond be revoked?

Q: I got arrested for a crime that I did not commit, and I am out on $30,000 bond. I had an accident last night. My airbag came out and it was like being punched in the face. I couldn’t see a thing and I swiped another vehicle. At that point I was in shock all I remember is being at my boyfriend’s house after that. Will they revoke my bail bonds for this? (Evans City, PA)

A: If you are arrested for leaving the scene of an accident, (75 PA C.S.A. Sec. 3743) the DA could petition the court to revoke or raise your bond. It depends on how your county normally handles such matters. I would consult with an attorney regarding the intimate details this new event for advice on how to proceed and what options you have.

Can a stroke patient appoint a new power of attorney after being declared incompetent?

Q: A month ago, my mother, an incredibly healthy, independent 76 yr. old had a stroke and a heart attack. She lived but missed the critical window to dissolve a blood clot. Since the stroke, she has been on a host of medications which she and I both believe are causing her to be very sick, confused, unable to communicate clearly, and above all, decline rapidly. I’m with my mom every day. She confides in me and I know what she wants. Recently, while in Kaiser ER, she appointed me to make all decisions for her care should she become incapacitated. I signed the paper there and at her nursing facility when she first got there. The very next day, I was shocked to bump into her old friend at this nursing facility, who said she had just signed the same papers there and is now her new POA! My mom does NOT want this! A former trustee in my mom’s original will, she was removed last year when my mom modified the will. She immediately began to insist I hand over my mom’s checkbooks, alarm code, house keys, credit cards, & has since locked me out of the house! We don’t agree on ANYTHING about Mom’s plan of care. My mom wants to come home, but she won’t let her! Please help? (Scott Twp., PA)

A: This is a terrible situation, and you need legal counsel. If you were appointed Guardian, the guardianship would trump the POA. As a child, you would have standing to be her Guardian, than an “old friend”, unless you are not fit by state law to be Guardian. You will need to consult with an attorney. If your attorney can examine the POA this old friend has, he can determine if it is compliant with PA state law as well as advise you on filing to be her guardian. Regarding being locked out of the home, were you living there? If so, the old friend must follow the PA Landlord Tenant Act and give you appropriate notice. That will at least give you a month or two in the home.

How can I change an address on a durable POA?

Q: In 1988, while living in Pittsburgh, my wife and I had durable powers of attorney created. Nothing has changed except we now live in Florida. How can I update the addresses? (Swissvale, PA)

A: Powers of Attorneys are state specific. Many states require a POA to strictly comply with state law. If it does not, the POA can be rejected by anyone to whom it is presented, such as a banks or medical provider. I would have new estate planning documents drafted by a FLA attorney.

Can I be sued for Filial responsibility if my mother in law lives in PA and I live in FLA?

Q: My mother in law lives in PA. She is controlling, verbally abusive and poorly manages money. My fiancé wants nothing to do with her. Could my mother in law sue us for Filial responsibility? Nothing has happened yet, and she is not in nursing care. (Clearwater, FLA)

A: It is not your mother in law who would have a claim against you. Filial law was designed as a cause of action for a medical service provider against certain family members for unpaid service provided to an indigent person. If this were to happen in your scenario, it would likely be a suit brought by a nursing home, rehab or hospital if your mother’s care needs were not covered by insurance or her social security income or whatever other income or assets she has. If this potentially would happen, the fact that you are a resident of FLA would make a lawsuit more challenging for a PA based medical service provider.

If parents in nursing home on Medicaid who is responsible for home upkeep?

Q: My parents put their home and property in a life estate with my sister, my deceased sister’s son and myself. They have since been confined to a nursing home and on Medicaid. (life estate set up 10 years prior to Medicaid so the 5- year look-back is not an issue) My main question is who is responsible for the maintenance, upkeep and financial obligations of the property? My sister and I have been keeping it up, but the nephew has refused to do anything. (Baldwin, PA)

A: I would need to review the life estate before advising you adequately. Is the life estate in their will or in a deed? If the life estate is in a deed that was filed 10 years prior to Medicaid eligibility, the only part of the transaction you need to be concerned with would be the value of the life estate. If your parents held a life estate, they had the right to live in the home that you now own, until the conditions which terminate the life estate are fulfilled. Their life estate has value. Maintenance issues would generally fall upon the owners unless the nephew tenant was obligated to do maintenance pursuant to a lease. Again, you need to have the documents reviewed to get a more thorough answer.

This guy called me 40 times with voicemails saying he was waiting for me.

Q: I am seeing this lady and her soon to be ex-husband thought I was with her in a hotel. So, he called me 40 times in a few hours and left voicemails saying he was waiting for me and was going to cut my head off. I also have him on camera letting the air out of my tires. (Pittsburgh, PA)

A: You need to avoid him at all costs and call the police. We live in a violent society, so you need to protect yourself and I don’t mean buy a gun and confront him. Make a record of it and the police will advise you as to whether you have enough evidence to file harassment charges

What will my mother at the age of 91 pay out for inheritance?

Q: My brother passed away with no will and my mother inherited his estate property, a $53,000 house property, and $88,000 from 401k. My question I need to know about how much she pays out on taxes and will this affect her Medicare in the future. She lives in assisted living section 8 which her rent will go up on this inheritance? (Bentleyville, PA)

A: As long as he had no children or spouse, his parents will be his intestate heirs.An inheritance tax bill will not magically come to you in the mail, unfortunately. You will need to file an inheritance tax return and pay inheritance tax. The law requires this to be filed within 9 months of the date of death. The law also provides a 5% discount if you pay an estimate of inheritance tax within 3 months of death. The applicable tax rate for your mother because she is a lineal heir is 4.5%. Deductions are permitted to be taken on the inheritance tax return for funeral expenses, filing fees, attorney and executor fees and reasonable expenses involving the sale of the home as well as other bills and debt. Depending on how this house and 401K are titled, you may need to open an estate. I would recommend gathering as many documents as you can for his assets, expenses and debts and sitting down with an estate attorney to discuss what you need to do.