What can I do about this parking citation?

Q: I received a Citation/Summons today left on my car windshield for an apparent parking violation while I was at work. In line #26 the “Statute” option is checked, and PAVC is written in the line. #29 “Fine” 50 written, line #32 “Costs” has 38.50 written, and Line #33 has 10.00 written. Line #34 “Total Due” has 98.50 written. The Defendant Name is not mine, nor is the Defendant Address. The Vehicle Registration Number in line #11, the make in line #14, and the color in line #16 indicate my car. My car was parked directly outside of my apartment, with two wheels on the line of ground between the sidewalk and the curb. The whole street parks in this same manner, as the street is not large enough to allow traffic otherwise. This is not an exaggeration, I have a picture showing every single vehicle in front of and behind mine parking in this manner. Even with cars parked this way, traffic is to slow when two vehicles approach each other because of how narrow the street is. It is a two-lane street with buses and large semi-trucks operating on it day and night. The car behind mine had two wheels parked in the middle of the sidewalk, farther on it than my car. I saw no citation on theirs.

A: Plead not guilty and take your photos to court and fight it. You can hire an attorney as well but the legal fees may not be justified economically given the penalty you will be subject to if you should lose.

How do I transfer parent’s property to me?

Q: My Dad passed away recently. My Mom is living but has dementia. They both have wills that state the property goes to the surviving spouse or if incompetent (Mom is) to me, the only child. I want to make sure the family property can never be taken away by medical situations, etc. (Swissvale, PA)

A: This is something that must be done under advice of a lawyer. First, mother needs to be competent to sign a deed. Moreover, there are many questions that must be asked to determine if this is an advisable transfer. The foremost question would be whether there is a possibility of her needing to apply for Medicaid in the five years following the transfer. If so, and you have not lived in this home for the preceding two years as a caretaker, this transfer could render her ineligible for Medicaid to the extent of the value of the transfer. Secondly, if you do not reside in this home, your mother will pay more in real estate taxes in that she will lose her homestead exemption and any senior citizen’s discounts available.

ELDER LAW, REAL ESTATE, TRANSFER, DEED, COMPETENCY, MEDICAID

My grandmother’s house was sold without her legal permission. What do we do?

Q: A family member moved in with my grandmother sold her house. My grandmother’s name was forged on the documents. We need to get it back.

A: I do believe your recourse is by hiring an attorney file a petition to rescind fraudulent transfer or a quiet title action. If you are correct this transfer was done through fraud. If grandmother is competent and can testify that the signature on the deed is not hers and she did not sign, the case is easier. If she is incompetent to testify, it will be a little more involved. You may need her doctor to testify of her mental competence at the time the deed was supposedly signed and perhaps even a handwriting expert. I would see an attorney as soon as possible so something can be filed before the house is transferred again.

Can I co-sign for daughter’s car loan if I live in Vegas?

Q: My daughter is 22 and just graduated college in Pittsburgh with honors. She has no student debt and a 6-figure per year job in the entertainment industry in Pittsburgh. She is a union member. Unfortunately, she has no credit history. This loan is from her own bank (PNC) where she has a good amount of savings (over $10,000). First, they told her she qualified, and told her the loan was denied. I offered to co-sign and spoke to the person. An hour later my daughter called and said they won’t allow an out of state co-signor, even though I said I would travel to Pittsburgh and offered whatever documentation they needed. My FICO score is excellent. It really pisses me off.

A:  If I could speculate as to a reason, it would be that if there is a default on the loan, you will be hard to sue as an out of state resident with no real estate in PA that could be used as collateral. I would try another lender. Locally, try First Commonwealth Bank, or, more on the nationwide level, all the usual suspects as there are hundreds of them.

How do I get her to the ER!! HELP!

Q: My mother-in-law is fifty-seven years old and isn’t in good health. My husband and I have seen a rapid regression in her. She doesn’t eat, she sleeps days at a time. She has dizzy spells, vomits, and is in my opinion killing herself right before our eyes. Today we went to see her and my father-in-law and she’s been sleeping for three days, puddle of black puke in a bucket, she’s lost much weight. I’m just in shock. Her husband has tried to take her Med-Express. She won’t go! She won’t seek help. What do we do? She has a six- year-old grandson and my daughter just turned one. Can I call medics and make them take her? Must the husband be a power of attorney? Please advise.

A: Based on what you say, this sounds serious. If you cannot get her to a hospital on her own, the fastest way would be to see if you can have her taken to the hospital under a mental health commitment. An interested party, i.e., family, police, physician, can have someone committed if they are a danger to themselves or others. It sounds like may be a danger to herself. The police would probably take her to a mental health hospital who would then transfer to ER. In the meantime, someone in the family can consult with a lawyer about becoming her guardian. You could also ask Adult Protective Services to do a home visit and assess her based on your concerns.

Can we buy the same house with another Agent after initial Buyer Agency Contract expired?

Q: Can we buy the same house through another Agent after the expiration of initial Buyer Agency Contract, without any liability to the first Agent?

A: Be careful. Read the contract carefully. It is possible that the first agent will claim a commission if he was the one who first procured or engaged the seller for you. I suggest your contact a lawyer who handles real estate litigation.

What does someone on Megan’s law need to do to be with kids?

Q: My fiancé and I want to get married but I recently got custody of my two granddaughters. Can he be able to stay in my home with me? He seems to like kids.

A: Your fiancé should know. If he doesn’t, that is a potential problem. When he entered his plea, he should have been given an explicit list of terms and conditions of his probation and Megan’s Law requirements. No one can answer this question without knowing these details or whether he was deemed a sexually violent predator. He may have been psychologically tested as part of his Megan’s Law requirement. If his story is that he lost his paperwork, or cannot remember such an important event in his life, he should get in contact with his former lawyer or probation officer to clarify. In addition, in the tragic event that something does happen, you may have criminal liability if you are aware of this past.

Can a creditor go after additional assets to pay off a lien?

Q: There is a water lien on an inherited property from an old disputed water bill. We are happy to give the county this property as it is barely worth the lien. There are other assets in the portfolio however. Can they come after anything else?

A: It depends if you are sued in rem or in persona or both. Some real estate taxing entities and municipal service vendors, only seek to reclaim the real estate, which is in rem. If the proceeds gathered from the sale of the real estate, do not satisfy the claim, sometimes a “deficiency” claim is pursued against the persons who are record owners or heirs of record owners. This is called in personam. You can ask the water company how they handle this or what other options you may have. You can also consult with a local attorney who may have knowledge of the practices of your local tax collections services.

Can I buy my sister in law’s home after her husband enters a nursing home?

Q: She is almost ninety years old and they have spent most of their savings on home care- sitters and supplies and such. We were going to inherit the home later anyway. (Donegal, PA)

A:  If there is any potential of either of these people needing to apply for Medicaid funding for their hospital or nursing care within the next five years, you should consult with an attorney versed in Medicaid regulations before you do anything. If Medicaid is a foreseeable issue, the general rule would be that this home should not be gifted to you and only purchased a market value with careful documentation such as appraisals, photographs, repair bills, etc.

Can my sister force my disabled sister out of the family home?

Q: My sister is disabled and living in our mother’s home in Wheeling, WVA. My mother now resides in a senior living facility. My other sister wants to kick my disabled sister out, but she’s on disability and can’t afford housing. She claims that they need to sell the house to pay the $500 monthly facility cost. Please advise. (Pittsburgh, PA).

A: You need to get to a WVA elder lawyer who is versed in Medicaid and SSI law immediately. Every state manages it’s Medicaid program differently. However, my thought is that you might apply for Medicaid now and be able preserve the home if under the WVA Medicaid there is an exception for a disabled child living in the home, or a child living in the home who was serving as a caretaker at the time of the institutionalized parent’s application. Some state’s Medicaid rules have such provisions.