Shouldn’t the equity go to my mother’s estate?

Q: Unbeknownst to me and my two siblings, my sister and brother-in-law who live in White Oak drove to Florida where my mom lived and moved in with her. Apparently, they drove her to another county and had her sign an “Enhanced Life Estate Deed.” The deed says they bought the house for $10. As it stands now, the equity in the house from November 10, 2011, when she signed the deed, until her death, February 2, 2017, is going to my sister. In 2009, my mom became physically and mentally weaker from “mini stroke episodes” that forced her to become more reliant on my sister. For example, my mom put her house on the market because she couldn’t keep up with the house expenses. The realtor told me whenever he had a good offer, my mom would say ” I have to talk to my daughter” and never took any of the offers. Soon after that, my brother in law and sister took over the mortgage payments and as soon as that happened my sister’s strong arm tactics were to tell me and siblings this was none of our business, and then she took over everything including my mom’s finances. She decided who visited my mom at the nursing home and who got info from the hospital about her condition. They stole the house, while my mother lived in a state nursing home.

A: There are many issues here and more information is needed to properly advise you. You need to consult with an experienced estate lawyer in the state and county where this house is located. Florida, I assume? It may be extremely helpful to support the allegation that your mother was incompetent at the time she signed the deed if you have a medical opinion. You may want to talk to her doctor or doctor’s office to see if they would support you. The main issues would be possible elder abuse, her incapacity to execute a deed and fraud.

Does he have to pay remaining bills?

Q: Family member with dementia was victimized by a caregiver who ran up lots of bills in his. Most have been paid off but there are a few left. He now lives with his daughter in Greensburg and is ill and in a nursing home. He has no assets except a retirement account and needs that to live on. Can he be sued for these bills?

A: Probably not. Speak to an attorney. Notification of his financial status or the fact that he is on Medicaid (if he is in fact on Medicaid) to the creditors may be enough to ward them off. However, do not don’t count on it. Whatever you do, do not give them or anybody you care about a cell phone number as they will harass to no end. You may want to have a certified letter sent to the creditors informing them of his status. Your friend may also want to appoint his daughter or another family member appointed as his guardian to speak and act on his behalf.

Do we as joint tenants with right of survivorship now owe an inheritance tax/penalty?

Q: My mom is still alive at 83, but 12 years-ago gifted her home to me and my four sisters all individually named on a deed as joint tenants in common with right of survivorship. 10 months-ago one of my sisters passed away. We have been told we now owe an inheritance tax for my sister who passed, portion, plus we had 9 months to have done that, and now owe a penalty for a month as well. We had no idea any of that needed to be done! Is this accurate and how is this inheritance calculated?

A: This sort of thing happens a lot. Somebody was in my office yesterday with the same issue. The four remaining joint tenants will owe inheritance tax on one-fifth of the market value of the home. The value of the home will be based at date of death value of the home at the time your sibling/joint tenant died. Interest begins to accrue on unpaid inheritance at a very small percentage rate after 9 months from the date of death. You can go to the PA Department of Revenue website and calculate interest due on delinquent inheritance tax. I doubt if at only 10 months out, penalties will be incurred. You will need to file an inheritance tax return as soon as possible. More importantly, you should promptly make an estimated payment toward inheritance tax to the Department of Revenue so that interest will stop accruing. This can easily be done by an attorney and I suggest you consult with one.

Can a hospice agency decide on a back-up or secondary guardian?

Q: I am a hospice Social Worker with a patient who appointed a friend as his guardian. This friend has numerous health problems herself and is often in the hospital. Our medical director wants us to establish a secondary or back up guardian. Can our agency set this up on behalf of the patient?

A: If this patient is competent, perhaps he or she can sign a Power of Attorney, appointing someone else to act. If that is not possible, a court appointed guardian is necessary. Only the court can appoint a guardian. The process requires a written petition to be filed and a hearing to be held. Your agency will need an attorney to do this. Many agencies work with attorneys who handle this. If your agency has no attorney, you can seek one independently or call Orphan’s Court for information on how to obtain one.

Does Nursing home need to buy her bras?

Q: Why is the nursing home spending my mom’s 50 a month on bras that don’t fit without consulting it with me seeing I am her POA? They buy her bras without consulting me, buy the wrong size and tell me they don’t have to ask me!

A: You need to ask the nursing home and have a conversation with them before you think of hiring lawyer to get involved. Communication should resolve this. If they cannot buy the correct bra size, tell them you will do it for them. If your mother is incompetent, you should be able to decide who purchases her bras. Ask to speak with the director, if the staff will not address your concerns.

Will my ex will get his gun license back?

Q: My ex tried killing my daughter and I by running our van over a cliff. I grabbed the steering wheel and instead we hit a parked car and totaled my van. They wanted my daughter to testify and she had a major panic attack and her blood pressure went sky high. So, they made us drop it to two Simple Assault and Reckless Endangerment and other charges. He also has three Protection from Abuse petitions on him in three weeks of each other. Will he get his gun license back in Pittsburgh, PA?

A: Simple Assault and Reckless Endangerment of Another Person to my knowledge are both misdemeanors 2’s. As such, if convicted, either would bar a person from possession a firearm under PA law and Federal law. I do believe an active Protection from Abuse Order will also preclude one from possessing a firearm in PA.

I am mom’s healthcare and financial POA. Nephew moved in. Can I charge him rent?

Q: My mom just let her grandson who is 45 move into her house. I told her don’t do it, not a good idea! She is 84 and has middle stage dementia (Alzheimer’s). She forgets from one moment to the next sometimes. She is of sound mind. I had to have an investigation for adult protective services because of my brother and nephew. It was unfounded. But how do you prove manipulation and coercion, etc. She raised her grandson so he has a hold on her. Myself and my husband have been helping her every day. She is still at home, but between us we would spend 5 hours a day at her house. My nephew is considered disabled and mentally ill. He says he couldn’t find an apartment. No one would rent to him. That’s because he has a record, has burnt his garage down, DUI, suicide attempts and the list goes on and on. I hardly have enough money to pay her bills every month. She had lost her husband a year-ago so her income reduced dramatically. Can I charge him rent being that I am her POA or does she need to make that decision? Her doctors won’t give me a statement saying she is unable to make decisions in her own best interest.

A: It may be an uphill battle. Your mother is still competent, albeit she has some dementia. As she is competent, even with the POA in place, she can still make all her own decisions. I understand your concerns. This grandson could potentially cause stress on her, may financially exploit her, and may be a detriment to her health. As her Agent on a POA, you can work to keep her money guarded. You can visit her banks, make sure the POA is on file and ask them to watch for suspicious financial activity like large withdrawals. You can explain the situation with the grandson. Also, if you feel the living environment is unhealthy, you can call Adult Protective Services and see if they will do a home visit and assess the situation. I would visit her as often as possible and monitor things before reacting.

Can I sue a pedestrian for causing car accident?

Q: I was driving in the middle of the city before a concert and looking for a place to park, there was a woman flagging on the right side of the road, I went to pull into the lot behind her and she stepped out into the road pointing to a parking lot of the left side of the road, I in turned swerved back left to avoid hitting her and I hit another car. Both myself and the other car pulled into the lot, and exchanged info, she apologized and said she was sorry he even called her boss and said it was her fault and asked if we could park for free. He said no. My question is why was she flagging on the wrong side of the road and can I sue her or her company for causing this accident?

A: Yes, you can sue a pedestrian for causing a motor vehicle accident. Will it be worth it? A lot more facts would need to be known. First, there needs to be liability, fault on her part. Secondly, you need damages. I am hearing property damage here but not personal injury, lost work or other compensatory damages. If you suffered only property damage and you are insured, is your insurer not covering you? If your total damages are your deductible and say, rental car, while your car is being repaired, you may generate little interest in an attorney investing hundreds of dollars in costs and thousands of dollars of legal billable hours in this endeavor. You may want to file a civil action at the local District Justice. If you do sue, you may want to sue her employer as well. What is their liability? Would a judge find her to be exclusively liable for your property damage or would you be apportioned some fault (contributory or comparative negligence) for pulling into traffic without being clear to do so. I am just saying, I share your frustration but it may be a reach to hold her liable or not worth the investment. Why don’t you just submit the claim to your insurance company so they can assess potential liability.

HUSBAND AND WIFE FIGHT. WHY WAS NOT MY HUSBAND CHARGED?

Q: I was charged with open lewdness and disorderly conduct. My husband and I got into a fight right after I got out of the bath. He dragged me out of the house I had no clothes on but from observer’s point of view it looked like I ran outside totally naked. The neighbor’s teenagers were outside by their cars (smoking pot) but I am sure they have seen a nude woman before. How am I being charged if I did not purposely go out naked and it was against my will? Why is he not being charged?

A: If you explained this to police at the scene, and the way you present this is what actually happened, I have no idea why he was not charged. I would get a lawyer to represent you as this can be defended or it has a good chance of being withdrawn at the Preliminary Hearing.