How to get a person’s name off a house?

Q: My aunt bought a house decades ago and paid cash for it… It had been entirely in her name only as she was a widow at the time with younger children. My aunt put her sons name on her house 15 or 20 years-ago when she was married to a man that ended in divorce. She believed in doing so it would protect the house from the husband. Now the son, who has always lived with her, has turned into bi-polar? and a slob and a hoarder and his stuff is encroaching into the entire house, except her bedroom. He also is very verbally abusive to his mother. She has health issues and he refuses to do anything because he says he owns half the house and he pays half of the expenses. Is there any way to get his name off the deed without her buying him out or having him sign anything; especially when she is the one who paid in full for the house originally?

A: Once someone’s name is on the deed, you must get them to sign a new deed to get their name off, unless they die, assuming the property is held as joint tenants with survivorship. She must get him to agree to sign a deed from both to her. or buy him out. If that is not possible a partition action can be filed. These are expensive and time consuming. If he is verbally abusive, you might want to consider advising her to consult with an attorney regarding the filing of a Protection of Abuse Petition. This would in effect, get him out of the home, but would not affect his property rights.

Should we quit claim our house into a trust?

Q: My wife and I are in our late 70’s We have 3 sons and wish to avoid probate and estate taxes. Is a living trust with a quit claim deed proviso a safe way to give property to children? If so, is there a waiting period?

A: Do not do this on your own and seek an elder law attorney’s advice. Many more facts need to be known. A revocable trust may be a way to pass both real and property on to your children, but it is not good in every situation. If the waiting period you refer to is the dreaded 5 year Medicaid look-back, a revocable trust will not protect assets from Medicaid. You would have to transfer them into an irrevocable trust which is quit a serious decision to make as you lose total control of the asset. If your sole goal is Medicaid issues, you can just deed your real estate and transfer your personal property to your children, and wait five years, but such transfers could have significant tax consequences on your children.

Will I go to jail?

Q: My sister and I got into a fight on campus property. She called the cops on me & the cops called me and asked me to come into the station, I went into the police station they told me my charges (simple assault, harassment, criminal mischief- destruction of property) ~ I threw her phone and it broke. I was arrested for the night it was the scariest thing of my life, I never want to be handcuffed or in a cop car or in jail. I was ready to cry. My mug shot was take and they got my fingerprints. I was placed in the holding cell for the night, and in the morning around 9am I saw the judge. The judge explained all the charges to me, he let me leave on a bail of $5,000. He explained that this bail will be lifted if I do not engage in any physical contact with my sister. The judge explained that I have a preliminary hearing in a week and that I need to show up, and if I don’t show up I will be arrested. I left the correctional facility and called a public defender I explained to the lady that I am a college student, and I can’t afford a lawyer. I honestly just regret this whole thing happened but it did. I’m just scared of the outcome.

A:  Talk to your Public Defender attorney. As a first timer and college student, you have options to get out of this without a record. Whatever caused your outburst, whether alcohol or anger, needs to be addressed. You may want to be proactive and consider some counseling, if necessary. If you don’t think you need it, do it anyway as it will make you look better when you come to court.

How can I locate a trust?

Q: My niece’s mother died in 2008 and supposedly there is a trust for her once she reaches age 27. Her dad just died this past October, and her stepmother is of no help to her. Also, she no longer lives in Michigan where her parents are from. Is there anything I can do to track it down to help her? Thank you.

A: There is no central registration or central repository where these are filed. IF this trust instrument was filed, it would likely be filed in the jurisdiction where the trustor/settlor had residency. You can start by searching the probate court in the County Department of Court Records. Often, real estate is part of a trust. Therefore, you could also check the County Recorder’s office (where deeds are filed) to see if a deed was filed in the name of the trust. Also, sometimes trust notices are advertised if the trust instrument was filed and real estate transfers are listed in legal newspapers and papers of general circulation in the county with jurisdiction. You could call the legal journal and main newspaper for that county and see if they have an archival data base. If it cannot be located, you might try to call lawyers in the area to see if any of them drafted the trust. I get calls occasionally from people in search of a lawyer who may have drafted a loved one’s will. It might be hard to find but you may get lucky with just a few calls.

 

Will an intense therapeutic of over 250 hours qualify for Act 122 for PA DL restoration?

Q: I am in an out of state prison now, due to some bad decisions that I made. I went through Therapeutic Community in the DOC. It was like brainwashing, but I was top of my class. I want to know if this is equivalent, or better than what the DUI court in Allegheny County has ordered be taken and accomplished. And if it qualifies, who do I fax completion forms to.

A: Call Allegheny County Clerk of Courts and ask for the person who handles Act 122 compliance. That person will know. You can also write to him or her.

 

What’s going to happen? 1st offense DUI in Pittsburgh?

Q: This is my 1st offense DUI with no injuries but I did refuse the breath test. I don’t live in PA. I live in Michigan. If I’m found guilty or I plead guilty what will my penalty be? Jail time? Fines? I posted a $2000 cash bond. Also, would they extradite from Michigan for failing to appear on it? I guess I’m just asking what I’ll get if found guilty and or if they will extradite?  A: Whatever you do, do not blow this off. Get an attorney in Pittsburgh and get advice. Not appearing in court here will end up with a warrant for your arrest which will be active in Michigan. They will not come looking for you with the task force. However, if you have contact with police in Michigan or anywhere, even for something as harmless as a traffic ticket, if they see the warrant, they will take you to jail. You will wait at least 20 days in jail to see if PA will extradite you, which they probably won’t. Handle this now. If you have no prior record, you may be eligible for a first-time offender’s program called Accelerated Rehabilitative Disposition (ARD) which will be like a slap on the wrist, albeit an expensive one. There is no jail time, and more importantly no conviction on your record if you complete the program successfully. Unfortunately, the refusal of the BAC testing will hurt. It is a one year license suspension which will be sent from PennDOT to the DMV in Michigan for enforcement according to Michigan law. I suggest a DUI bicycle. Michigan is relatively flat.

Can I fight an obedience to traffic control devices ticket for speeding?

Q: 71-mph in a 45-mph zone. There is no information on the citation regarding any speed timing device that was used to calculate my speed.

A:  You can always fight a traffic ticket. The issue is whether it is worth the time, effort and money balanced against your chance of winning. A lawyer would need to know more facts to give a thorough opinion, so I suggest you consult with one. My question is, if you were only cited with failure to obey a traffic control device, (red light, yield sign, whatever) which carries no points or license suspension and a small fine, why would you fight it? If you truly believe you are innocent, have a good driving record and some sort of plausible defense, plead not guilty, go to the hearing and tell your side of the story to the judge.

Who is responsible for forced medical expenses?

Q: I was forced by police an ambulance ride $1200.00. I was forced by doctor’s medical treatment $42,000.00. I was then released from police custody at the hospital. All the while saying I didn’t need any of this. I asked repeatedly if I was under arrest they said yes then released me from custody at the emergency room. Do I need to pay this?

A: Many more facts would be needed to give you an opinion. All the reports would need to be reviewed. Were there any witnesses? Police, emergency medical personnel, etc., have a duty to treat persons that they reasonably believe need medical treatment and that they are immune from civil suit in doing so. As you can understand, the rationale behind this is the fear of not treating someone who may die for lack of prompt treatment. However, this is not to say you do not have a civil defense and a recommend that you speak with a civil lawyer versed in medical consent law.

Can the guy get charged for statutory rape?

Q: A friend of mine’s daughter, age 15, was dating a 20-year-old. My friend did know about the relationship and was okay with it. Her daughter got pregnant with this gentleman. Now the thing is, she’s afraid since CYF became recently involved with them, they will take her daughter away who is now 16 and press charges on the gentleman who is now 21. Can he be charged with statutory rape even if the relationship was Allowed by her mother?

A: Yes, I am afraid that is a violation of the law. At a minimum, he can be charged with Statutory Sexual Assault and Corruption of Minors. Children, Youth and Families cannot press criminal charges but can refer the matter to police who will interview her and decide whether to file. Additionally, if your friend, the parent of the girl was “okay with it”, and the police find out, he can be charged with Endangering the Welfare of Children, commonly known as EWOC in the trade.

Is it legal for a 17-year-old to have sex with a 14-year-old?

Q: A co-worker of mine just found out her daughter that is really 12 (but told the boy she was either 13 or 14) is now pregnant. He is 17 and said that she kept perusing him and eventually they had sex. She wants to have the baby and her mom, the nurse at the PCP office, and several other people tried to change her mind. What can her mom do if anything probably without the daughter’s help or permission? She has already been told that if her daughter wants to have the baby there is nothing she can do which means she is now going to be raising another child cause her daughter is still a minor and not responsible. Please give us some advice cause the mother wants to try to press charges or even a PF but don’t know what she can do.

A:  Yes, what you describe sounds like Statutory Sexual Assault since the victim is under 16 and the defendant is 4 or more years older than she. This is a serious matter and yes, the mother can commence criminal charges with the police. Before the mother launches that ship, she should speak with the daughter and perhaps seek counseling for the daughter. Involving the criminal justice system will have a profound impact on the daughter.