Kicked out of home. Can I emancipate myself?

Q: What are the odds that a homeless teen that has been kicked out of their home will be able to legally emancipate them self? And if there is a good chance it will happen, is there a way for them to get financial aid of some sort to pay for a lawyer? Homeless people don’t have much money.

A: I am assuming you are under age 18? Proving emancipation is not easy, as you have to convince a judge you can support yourself which very few teenagers can do, at least in the eyes of most adults and more importantly the judge. The judge may say to you, if you are so self sufficient, why do you need someone else to pay for a lawyer? On the other hand, if you are truly homeless and want support, and there are valid reasons that you cannot return home other than you just don’t like it, you may be able to get Children Youth and Families to file a dependency action for you. You can also call the courts or Kids Voice in Pittsburgh (412-391-3300) for help. (Pittsburgh, PA)

 

How can I get copies of my expungement papers if I lost them?

Q: How does someone go about getting a copy of past (few years old) expungement orders after losing my personal copy? The expungements were completed without counsel so I don’t have the option of going to an attorney’s files. Does the court records or DA’s office keep the order on file or do they destroy it with the case files? Particularly in Allegheny County, PA.

A: If there was an expungement order, your records may have been destroyed by the Department of Court Records. Call them and ask. They may keep a copy of the order in their own file which is not a public record or direct you to the DA, who may also keep a copy.

Is there any action I can take to keep from paying to repair a leaking roof?

Q: I noticed that the contract was not followed. I had a roof installed in August of 2011. Yesterday I noticed that there was water leaking into one of my upstairs bedrooms. I cut a hole into my attic wall and found where I think the leak is coming from but noticed that there is a large area where there is no underlayment. In my proposal it clearly states that there will be new underlayment installed. is there anything that I can do to keep from paying out of pocket for this?

A: Review your contract to double check if underlayment was to be used. That would definitely be a breach of contract if underlayment was contracted to be used and was in fact not used. Have another contractor inspect the work. You will need him to verify that underlayment was not used per the contract, and him to give you a report stating what he found and what he needs to do to remedy the situation, even if it means a new roof. Have him take photos. I would then notify the prior contractor of your leak, both by telephone and in writing. Proof of notice is essential if you potentially have to sue him. If he will not remedy the situation to your satisfaction, you may need to file a law suit. Make sure to preserve all documents and information from the prior contractor and for what is currently going on.

Can I inherit my mother’s mobile home?

Q: My mother passed away suddenly and the mobile home I currently live in it and it is in her name. She left no will but may have wrote something. I am also concerned with medical providers putting a lien on the home.

A: If you have no other siblings, or, have siblings that have no interest in the mobile home and will waive it over to you, you may be able to inherit it with some sort of small estate petition. Under PA law, mobile homes are not considered to be realty, but are viewed as personal property, like a motor vehicle. Small Estate Petitions can be used to settle an estate when the property is not real estate and does not exceed $50,000.00. You may want to check if there are any liens on it, or judgments against your mother that would attach to this asset before you get involved with it. I would talk to the trailer park people or association for information and take any paperwork you can to a lawyer. (West Mifflin, PA)

Am I responsible for my spouse’s credit card bills when he dies?

Q: If either spouse passes away is the surviving spouse responsible for credit card debt the deceased spouse rang up?

A:  Usually not, but more information is needed. Is the surviving spouse’s name on the card? Did the surviving spouse make purchases that can be attributed to him or her, or were the purchases for the benefit of both spouses or for the marital home? Did the surviving spouse sign anything or ever use the card? A consumer lawyer or even an estate lawyer may be able to advise you with more information. If the above questions favor the surviving spouse, then these debts are owned by the estate of the deceased spouse.

Can I beat a first time DUI? No warrant for my blood!

Q: My blood was drawn with NO WARRANT on July 10th of this year. I got pulled over. They said I failed the FST’s but I know a didn’t and I have witnesses who were in the bar parking lot. They took me immediately to hospital where blood was drawn.

A: You are probably charged with two subsections of the DUI statute. One based on the officer’s observations-how you acted, smelled, spoke, looked, handled FST’s, etc. 3802 (a). The second subsections, 3802 (a) (1) and (b), would be based on the blood test results. Pennsylvania adopted Birchfield v. North Dakota under which the blood test results will be thrown out (suppressed) if there was no warrant used to seize the blood from the hospital by the police. However, if the arresting police department amended their informed consent form prior to your arrest to counter the effects of Birchfield, Birchfield may not apply. Even if you get a break with Birchfield, you still can be prosecuted on subsection (a). I would review your case with a lawyer.

Can I hide money from Medicaid?

Q: Can I legally hide money to be approved for Medicaid by paying off my adult children’s credit card bill directly to the credit card company? Even if I never transferred money to my adult children’s bank account.

A: Your bank statements will be scrutinized in the Medicaid eligibility process and such a payment would be considered to be a gift or a transfer of money to benefit another person with no consideration received in exchange. It could and likely will render you ineligible for Medicaid benefits to the extent of the dollar value of the transfer. I would consult with an elder law attorney to determine what monies you can shield from Medicaid.

How will the 10 year look back period unfold for him?

Q: My husband got charged with his 3rd DUI in Pennsylvania.
The 1st, Dec. 7, 2003 ( BAC=.245, fined and accepted into ARD)
The 2nd, Sept. 9, 2006 (BAC= .275, 4 months in jail, fined, ignition interlock)
The 3rd, Jan 31, 2016 ( waiting for results)
Also, these dates were the arrest date, not sentencing dates. We live in Allegheny County but this happened near our cabin at Tionesta, PA. (West Mifflin, PA)

A: It appears to be a second DUI. Depending on his blood alcohol level the statute calls for a minimum 30 days in jail and a $750 to $5000 fine. It also carries a one year driver’s license suspension. Forest County may offer an alternative to jail such as house arrest, electronic home monitoring or work release, as Allegheny County does. However, this I would need to confirm this.

 

Will paying family members for nursing care trigger a Medicaid transfer penalty?

Q: Grandmother was paying $14k/month to private homecare agency so I (grandson) moved in to take over her care before she ran out of savings. She has paid me $2,400/month for the same care, and I have reported the money on my taxes as income. She now needs to go to a nursing home, but will only be able to pay out of pocket for a few months. Over the 18 months I’ve cared for her, she has paid me a total of about $40k. I know that if she had just been giving me her money, we would not be eligible for Medicaid due to the transfer penalty. Is the transfer penalty still a risk given that she was paying me for a service that would have otherwise cost her much more? (Pittsburgh, PA)

A: Very possibly. Be careful. Caretaker payments to family members without proper documentation and receipts can raise red flags with Medicaid and yes can in fact be viewed as a transfer without consideration within five years of Medicaid eligibility. The fact that you reported the income on your tax return is important. You would be safer if you have a caretaker contract signed by grandmother in place that is the type of document approved by Medicaid. You should consult with an elder law or estate attorney before you do anything .

Can I turn down the adult protection service ?

Q: A lady from the adult protection service was contacted by my sister and the lady has came out to the home 3 times. She keeps leaving a card on my porch. I am 38 years old. Is there a way for me to get the adult protection service to go away? (Swisshelm Park, PA)

A: I am not sure if you are the one someone is concerned about or if it is your care of another person that has raised concern. In either case, generally, once a complaint is filed, these investigators will not go away. You can keep avoiding them, but they may take more aggressive action like come out with the police or obtain a warrant. I would review the situation with a lawyer and see if it is necessary or advisable for you to meet them with counsel.