Can executor disconnect power without notice?

Q: I was living with my mother-in-law when she passed. Her “best friend” who is the executor in the will, has turned off the power without notice and closed her bank accounts. She has not informed any of the creditors of her passing or close friends. The house that she resided in for 32 years has a reverse mortgage. However, I still reside there with her seven cats who I love dearly. I pay the water, sewer, garbage and gas bills. The gas bill was three months behind when she passed and am currently trying to bring current. Please advise thank you for your time, any information is very much appreciated. (Squirrel Hill, PA)

A: If this “best friend” has not been appointed Executor by the court, she has no authority to act on your mother-in-law’s behalf. Merely being named Executor in the will does not give her such authority. She needs to be appointed by the court. I would call the utility companies and inform them what happened, and that no executor has been appointed and you are living in this house. If you get nowhere, call the PA Public Utilities Commission. It regulates utility companies. They may have a remedy and complaint filing procedure.

Can we lose our home?

 

Q: My spouse and I have lived on family land that is owned by my parents for 26 plus years. We pay our own property tax however it is on family land that has never been deeded over to us. We were told 26 years ago that the land would be divided between us siblings. My family is the only one who lives on the land. My dad is now disabled and uses a walker and my mom is not able to take care of him and is in very bad health. He is looking at going into the nursing home. We are worried about what will happen to us since we live on the land that isn’t deeded to us. Do we have any rights after living here for so long? (Pittsburgh, PA)

A: The only way for you and your husband to get ownership of this property is to have your parents deed it to you now, or pass it to you through their wills. With either method, they need to be competent to do so. If they are presently competent, they should do this now before their health declines, if it is what they want to do. However, this decision must be made with full knowledge of Medicaid implications. If either parent should need to apply for Medicaid funding all transfers of property within the preceding five years are scrutinized. If property is gifted or sold for less than market value (gifts to family) it could subject them to a Medicaid penalty. Therefore, only do this type of estate planning under the advice of an attorney versed in Medicaid regulations.

Can I be POA for parents if I have past IRS issues?

Q: My dad is 90 and my mom is 87. They are no longer capable of h handling their own affairs. I have been asked to take over as power of attorney by their friends. My only problem is, I have federal tax issues dating back ten years. Is there a risk that the IRS could get my parents life savings if I become their power of attorney? (Pittsburgh, PA)

A: The short answer is no. Generally, when acting as an Agent for the Principal under the legal parameters of a Power of Attorney, the Agent is acting in a fiduciary position and is not personally liable. The Agent should have not personal liability for the debts and expenses of the Principal. The Principal’s assets should not be subject to claims of the Agent’s creditors. It is only when the Agent acts outside the scope of his authority of the POA or acts illegally, can the Agent be subject to personal liability.

If my husband dies does ex-wife get his life insurance?

Q: My husband had a pretty nasty divorce and his ex-wife has made comments to their adult children that “she has plans to sue me in the case that he dies”. Does she have this right and can she sue if we have a good will in place? (Jeanette, PA)

A: Once divorced she no longer has rights to inherit from him under the intestacy (no will). In his new will he can leave his property to whomever he wishes with no obligation to her. As a precaution, he may want to check his insurance policies, annuities, 401Ks and other non-probate property to make sure he has removed her as a beneficiary, and replaced her with someone else. This is not a difficult process. It usually involves calling the financial company and having them mail you a change of beneficiary form. The forms are often on-line. I would make an appointment with a local attorney for a will and other estate planning documents.

What can be done about a DA and cop who abused us?

Q: I was carjacked on camera. I was knocked TKO and then repeatedly punched. I was completely unconscious helpless and defenseless with over 100 punches to my face and skull. He broke my teeth, cut my face in multiple places including a 3-inch-long wide deep laceration that showed my skull bone and needed internal stitches to stich my facial muscles back together. The DA refused to convict him and withdrew most charges but kept one charge of simple assault and that was a plea of threatening language. This criminal also raped me and was knowingly infected with incurable HIV. I have medical reports and proof that I was never infected until after he raped me but all that was withdrawn. Everything was on video surveillance camera and the Feds and US Marshalls gathered enough evidences and picked him up for life threatening assaults he did to me. I was subpoenaed to prepare for trial. I was never notified about that court date and I was subpoenaed via email and it said my eyes only just me no one can come with me make sure I’m alone. When I went there they said they destroyed the video. (Pittsburgh, PA)

A: I guess my first question is if you were a TKO (technical knock out) you were presumably conscious. If so, how is it that you were “completely unconscious”. The story sounds too horrific to be true, but I will presume you are being candid. There are many issues here, police abuse, police corruption, prosecutorial misconduct, abuse of process, official oppression, to name a few. Try to find a lawyer to help you-it won’t be easy, but keep looking. One is out there. In the meantime, contact any victim’s rights organization you can in Allegheny County. You can try the law firm of Bordas and Bordas, who profess to fight for the little guy. If you get nowhere, call Marty at KDKA.

Is Birchfield being applied retroactively in Allegheny County?

Q: Believe it or not I was convicted of 5 first-time DUIs that occurred in 2012. It was a bad period of my life, mostly due to an insane ex who knew the cops and set me up. Coercion to plead guilty occurred. Is Birchfield applied and in what manner? Can I get a revised sentence or new trial? (Pittsburgh, PA)

A: Forget about it. Birchfield v. North Dakota cut some breaks to many DUI defendants in 2016. The case is only applicable to cases that were pending trial or on direct appeal at the time of the decision in June of 2016. Your offense occurred in 2012 and therefore is not inclusive in the scope of Birchfield.

Can I get Taser?

Q: I have a misdemeanor 1 in PA for a second DUI. I read sections pa 18 908.1. Section C states that people who can’t possess firearms in PA can’t obtain a taser if you have something in pa 18 6105 prohibited person not to carry firearms. I understand that I may not possess a firearm due to federal regulation us 18 922 sections g because my DUI may have carried more than 2 years imprisonment therefore baring me from a firearm federally. Would this also make me ineligible for a taser since this is a federal issue that I was barred under and not a state issue? I am confused because it is listed in section pa 18 6105 that if you are federally barred you can’t possess a firearm in PA state law and therefore no taser? Sorry for confusion didn’t know if anyone could clarify this mess for me. (McCandless, Twp., PA)

A: No. If convicted of a crime punishable by more than a year in prison, you are ineligible to possess a firearm under federal law. If you are ineligible to possess a firearm under Federal law, you may not possess one under Section 6105 of the PA Crimes Code. Your DUI was a Misdemeanor 1 which is punishable by more than one year in jail. (not more than five years on jail) It is not only a Federal issue with tasers, but a PA state issue as well. 18 PA C.S. § 908.1 c, prohibits you from possessing such an electronic device if you are barred from possessing a “firearm” under section 6015 of the PA Crimes Code.

Do I fight a 3111 (a) citation as an out of state driver?

Q: I was pulled over for speeding outside of Pittsburgh and was given a citation for 75 Pa. C.S.A § 3111 (a). The officer said he was giving me a break as it was a no point offense. As a Massachusetts driver, will this result in points being added to my Mass driving record? (Acton, MA)

A:  It is a no point offense in PA. You need to ask a MA attorney as I only know PA law. In PA, when the DMV receives a notice of a conviction of a motor vehicle offense from another state, it is reviewed to see what the similar offense in the PA Motor Vehicle Code is. If it is in substance it is similar to a PA offense, the PA DMV will impose whatever sanction on the licensee that is fitting under the similar PA offense. If I had to guess, I would not imagine that the DMV of MA would take any action on such a relatively minor driving offense. Different story with DUI, Reckless Driving, Accidents Involving Death or Serious Bodily Injury, etc. Happy Motoring!

Fraudulent Seller Disclosure?

Q: I purchased a home in Pittsburgh, PA and when I viewed the home it had a sinkhole along the front yard property line. The realtor explained it was due to a broken storm drain pipe and the break was on the neighbor’s side of the property line. The neighbor refused to fix it, so the seller agreed to have it fixed as it was causing issue with the seller’s property (front yard). Six months later there is now a sinkhole in the back yard. The township said the pipe zigzags between my property line and the neighbor’s property line and they can’t force either one of us to fix it as it is private property. This sinkhole is on my property line, so I now I need to fix it. The seller home disclosure did not state any knowledge of this drain pipe or that I would have to fix it. Do I have a case for a fraudulent seller disclosure? (Jefferson Hills, PA)

A: These cases are fact driven and hard to prove, and more facts need to be known. However, it is worth a legal consultation. To prove fraud, I believe you need to prove by clear and convincing evidence that the seller knew or had reason to know of the problem you are alleging and tried to conceal it from you. It is a hard standard, but more facts are needed to determine if you have a claim.

What can be done about my mother who is legally separated from my father?

Q: My father had a massive stroke two weeks ago and my mother has basically taken over the entire situation. He is not well, and needs someone to assist with his care and recovery, not hinder it. She does not allow him to talk for himself, she has told us all to leave them alone and that she is taking care of him. She recently returned from a two year “vacation” in Arizona, because that was what was best for her. I have two other siblings who feel the same way about the situation and we are wondering where we may stand. From a legal standpoint, do we have any footing to get her removed from the situation? (Greensburg, PA)

A: A complicated situation. If he is competent, you can have him sign a financial and medical Power of Attorney to you or another sibling. However, if he is not competent, or if the POA causes such a conflict with your mother that it creates problems for service providers, you may need to file to be his guardian. My suggestion is to have a comprehensive consultation with an elder law attorney as many more facts are needed to determine precisely how to deal with the situation.

ELDER LAW, POWER OF ATTORNEY, GUARDIAN, SPOSUSES, SEPARATION