Can I sue my parents for opening my mail?

Q: Can I file suit against my father for opening confidential mail addressed to myself.I am a 21 year old college student living Pa, I am originally from Ohio. I was recently in an auto accident and I had asked the police to send all paper work regarding the accident to my current address not the address on my Driver’s License. They ignored my request and sent it to my father house in Ohio. My father and step mother proceeded to open that paper without me knowing. They called me and harassed me regarding the accident. I am no longer or have been financially dependent on them and choose not to inform them on the accident due to this reason. Is there any legal action i can take to file suit against them for opening my confidential paperwork.

A:  You need monetary damages, measurable economic harm to have been done as a result of a parent opening your mail. You didn’t mention any such damages. Secondly, you need liability. I am not sure a judge or jury will find a parent liable for opening mail in the family home which has been addressed to their child. This case would not generate much interest among lawyers and I would therefore advise you to just try to get along better with your parents. I don’t even believe a suit against the police would work, as they may have been using a prior, although incorrect, address and you would be deemed at fault for not updating your address with the post office or Department of Motor Vehicles. In addition, the law is often forgiving of mistakes when made in good faith. You should also be aware that if you are still covered by your parent’s motor vehicle insurance, most liability insurers require prompt notice of an accident, which would be more reason for your parents to open your mail.

Is there a difference in between “joint tenants with right of survivorship ” and “joint tenants.”

Q: Is there a difference in Pennsylvania between “joint tenants” and “joint tenants with right of survivorship”? I am trying to determine how my mother’s property is titled and I keep seeing of these terms for the same property.

A: I do believe that the correct legal terminology is “joint tenants with right of survivorship.” However, I see the wording “joint tenants” used commonly to mean the same thing as an abbreviated version. I am unaware of any different legal meaning. For a more specific answer, I can offer the following. In PA there are three general types of common (joint) ownership of real estate. First, there is tenants-in-common, which is like a plain general partnership and the heirs of any given member of the tenancy, would inherit the other person’s share upon their death. Second, there is tenants-by-the-entireties, how property of spouses is held, where each spouse owns an undivided half of the real property acquired by the spouses and, upon the death of one spouse, the other spouse owns 100% of the property by operation of law. The last, joint-tenants with the right of survivorship, is similar to tenants by the entireties in that the surviving tenant gets the share of a deceased tenant. However, unlike entireties property, unmarried joint tenant’s shares are not protected from their individual creditors. 

 

Will an unknown pension disqualify Dad from his Medicaid benefits?

Q: My dad has re-qualified for Medicaid this April. An unknown pension has surfaced that dad never knew he had. Now he will get 20 years of payments. Will this disqualify him from Medicaid or can the money be moved under the Medicaid Law?

A: You need to meet with an elder lawyer versed in Medicaid law immediately. You can shelter some of this income but more specific information is needed to be known as to how to proceed. A personal care contract and a special needs trust, come to mind as possibilities.

Can father refuse medical treatment?

Q: Can my father, who is 95, in end stage renal failure but of sound mind, request that his pacemaker be deactivated. The cardiologist has refused. Can he be compelled?

A: He can request, but I doubt if a cardiologist would open himself up to potential litigation by doing so. The doctor took a Hippocratic Oath to sustain life. If such a move is likely to result in death to the patient it is doubtful the physician would put himself in an almost Dr. Kevorkian situation. Is there a Living Will in place? Did your father execute one in the past? If this documents exists, get a copy to the doctor and discuss life sustaining treatment with him.

Q: Can a cop give me a DUI on my own residential property?

Q: Cop pulls up on my land while I was sitting on my ATV, not running, on my residential property. He said he had noise complaint, and took me to jail towed my ATV (busted a wheel lock) and charged me with driving under the influence. He didn’t give me a breathalyzer till 1.5hours later.

A: Being on your own property and not on a public road may be a defense. The vehicle not running may be a defense. He has two hours to have your blood tested to meet a prima facie case. You should hire a lawyer to gather more facts and prepare to plead not guilty at your Preliminary Hearing if he or she thinks you have enough of a defense to challenge the evidence.

Friend arrested for DUI in the driveway

Q: My friend is going through the process of his second DUI. He is not convicted yet. He was sighted again this past Sunday for a possible dui and possession of a controlled substance. What happened was he was drunk at a friend’s house, his phone died so he went to charge it in his truck. This was a private driveway. The cop approached told him to get out of his vehicle (private property) proceeded to search him without consent. Mind you this is the same arresting officer from the second DUI, and he hates my friend.

A: Hire an attorney and fight the case. If the vehicle is still in the driveway, without the engine running and he was not attempting to drive, you may have a defense. These cases are tricky and can turn on the smallest details. However, it sounds like he may have an operability defense, a defense of the vehicle not being on a public street and perhaps even probable cause.

Can we revoke a non-disclosure agreement?

Q: I have a signed a Non Disclosure Agreement with a client. What needs to be done if we both want to revoke it? I am a graduate student. I live in Pittsburgh. I have got a final year project assigned to me by our university. The client sent me an NDA to sign. And I signed it and sent it to the client(soft copy), which is not in compliance with the university policies. The client and me both understand this and want to revoke the signed agreement. Please advice how we can do it. Thanks a lot! (Pittsburgh, PA)

A:  I would prefer if you review the contract with an attorney. Generally, the parties to a contract, can revoke or rescind the contract by entering a simple agreement to rescind the prior contract. You should execute it with the same formality that the original contract was executed.

Spouse is ill. Lots of questions.

Q: My spouse has high med bills and has illness which will continue to worsen. He has no long term coverage. How do I avoid going broke paying his medical bills? How do you qualify for Medicaid? What is amount which you can gift to children? The house is going to me via will but I am not on deed or title, only on the mortgage. Would quit claim deed be solution? (Jefferson Hills, PA)

A: There is no quick and easy solution to this and you can create worse problem by starting to give things away. There is no simple answer here. Please do not worsen the problem by transferring assets on your own without the assistance of an elder law attorney. If the ill person is not yet 62 years of age, he or she will not qualify for Medicare but will qualify for insurance regardless of pre existing conditions due to the affordable care act. Check out www.Healthcare.gov. If the ill person is 62 or older he or she can apply for Medicare and should do so with the assistance of an elder law attorney to determine the best way to preserve the person’s assets without doing anything that would jeopardize their Medicaid eligibility, when they do apply for Medicaid in the future. Generally, to qualify for Medicaid a person must have almost no money or assets. Not sure what is going on with your house, specifically why it is not titled to husband and wife. With Medicaid, if the husband and wife are both on the deed, the house may qualify under the homestead exclusion and would be protected. You need to discuss whether transferring this house now is a good idea and all matters with an experienced estate or elder law attorney.

Will step-father have to pay my mother’s nursing home expenses?

Q: Hi. My mother will soon be going to a nursing home. Is my step father responsible for her nursing home expenses after her money? My mom has $75,000 in liquid assets. I own the home she and my step dad live in. My step dad has about $200,000 in liquid assets and owns a farm valued at $950,000. The farm and his assets are in his name only. They have been married 27 years. Is he responsible for her nursing home expense after her money is used up? He lives on his social security and the income from his farm. My mother’s funeral has been prepaid through at trust. Is there anything else we should be doing? (Cecil, PA)

A:  If your step father just paid your mother’s medical expenses out of your mother’s money and waited until she was out of money, he few choices. He would either start to pay from his funds. If he refused, your mother would need Medicaid funding to maintain her care. Your mom has to be eligible for Medicaid, to receive Medicaid benefits. If she is not, her husband could be personally liable for care costs as PA recognized filial responsibility. For determining eligibility for benefits, Medicaid pools the resources of a married couple together so it doesn’t matter at this point who owns what. Through appropriate Medicaid planning, assets can be transferred and repositioned is such ways as to accelerate Medicaid eligibility while protecting the estate, but you need professional help. You really should seek a consultation with an elder law attorney versed in Medicaid regulations.

Can my husband get out on nominal bond?

Q: My husband has been arrested for 180 days. Is he entitled for release on nominal bail? It is not a capital case. However he filed omnibus pretrial motion about 2 months ago. His lawyer refused to file the motion for nominal bail. (Glassport, PA)

A:Normally, one cannot be held in jail awaiting charges for more than 180 days, pursuant to Rule 600 of the PA Rules of Criminal Procedure. This rule reflects that Constitutional right to a speedy trial. This is of course, if there are no other legalities that act as a hold or detainer on holding your husband in jail. These other legalities could be things like a probation detainer or family division support warrant. Also, if there were any time delays that were attributable to him or his attorney such as continuance that time would extend the 180 days. For example, if your husband postponed his Preliminary Hearing for 30 days, that 30 days would be added on to the 180 days. These questions should be directed to his lawyer.