Category Archives: Blog and FAQ

How do I get custody of my 15-year-old granddaughter?

Q: I am in bad health and do home dialysis. She is staying with me now and has been for about 6 months. I have applied for government housing but can only get a 1 bedroom unless I have legal custody. I am on social security and do not draw very much so I need to know what is my best option? (Crafton, PA)

A: You should have something in writing signed by the parents (if there is a father that has custody rights at this point) which transfers temporary physical custody of the child to you. The optimum method of doing this would be to obtain an Order of Court, signed by a Judge. This will be easier if done by an attorney. If you cannot afford one, you may be able to seek legal help if you are under a certain income level. It will be easier if the father consents. The other option is to ask Social Security if they will just take a letter signed by both parents. This would be less expensive. You may also want to ask the school in which she will be enrolled in and whatever medical providers she will see, what type of document they need. You may also want to consult with an attorney regarding having CYF involved. Doing so, may or may not be an advantage to you, depending on your entire situation.

My mother’s will was never notarized. How do I handle her estate?

Q: I have the original will with signatures, however, it is not notarized. The will has 2 executors who have not started any legal proceedings to settle my mother’s estate due to them not wanting the responsibility. The estate includes a house and an Allstate insurance claim. The will states that my mother’s four children and her boyfriend (executor #1) are to be willed her house, belongings and any monies left. Two of my siblings (over 18) still reside in my mother’s home. I pay the property taxes as there is no mortgage and they pay the utilities. The Allstate claim is from an accident settlement my mother received for a car accident that turned her quadriplegic. We believe this Allstate claim is to pay back Medicare since the settlement monies were put in a trust for her medical expenses. To our understanding, once Medicare is paid, whatever monies left over will be split amongst all parties listed in the will. To our knowledge it is over $400,000 that Allstate must disburse. Us four siblings have no clue how to move forward with getting her estate settled and being legally put on the deed to her house. (Pittsburgh, PA)

A:  It sounds doable. A will is not required to be notarized to be legal and admitted to probate. As stated, if she signed at the end of the document and two witnesses have signed below her, it should be admitted. If the boyfriend does not want to be executor, he can renounce, and the testate heirs (in the will) can choose another person to serve if they all agree. Are you sure it is Medicare and not Medicaid? My thought is that it is Medicaid who has a lien, and they will be need notified of the estate and settled with. I think the more complicated issue may be dealing with the two siblings who live in the house. Nothing here is that unusual that an estate attorney cannot help you with so you need to make an appointment.

Can I get a gun with my ARD DUI?

Q: I completed ARD for a DUI in 2010 but still owe fine, can I still get my gun permit? My fine is narrowing down to the last $1,000.00. I need a gun before the Democrats ban them. (Pittsburgh, PA)

A: You didn’t complete ARD if you didn’t pay off your fines. The Allegheny County DA will not close your case until you do. You need to pay your court costs and/or fines off and let the Allegheny County DA expunge your record. Once expunged you should be clear

What happens to my grandfather’s assets if no will?

Q: He had a wife. My father is his only child, but the wife has 4 adult children. I read that step children aren’t considered kids in TN and that all his assets would have to be equal distributed between my dad (his only child) and his wife. (Pittsburgh, PA)

A: When a person dies without a will, the laws of intestate succession apply. In PA, the surviving spouse takes the first $30,000.00 and the balance of the estate is divided between her and the children born to both of them. (their biological children)

Disorderly Conduct-Guilty! Can I Appeal?

Q: I had a summary trial court date. The judge was confusing. And somewhat of a jerk. After I explained to him it was accident, he was having none of it. He said you can either plead guilty or I’ll find you guilty. I said, “either way you are screwing me”. On the form I got from the clerk it says I pleaded guilty. I don’t know why I’d show up to court just to plead guilty. Did not even notice until I was home. Can I still appeal? Or should I? (Pittsburgh, PA)

A: You can file a summary appeal if you are found guilty or if you plead guilty. It doesn’t matter. You need to go to the Allegheny County Clerk of Courts, fill out the Summary Appeal form and pay the filing fee which is around $100. As you hopefully have learned, the case will go better if you have a lawyer. Your next hearing will be in front of a Court of Common Pleas judge and the you will be treated better, but you need to be prepared.

Can my divorce agreement be modified?

Q: When my agreement was made I was living with my elderly father in his home. He has since passed away. In his will the house was given to my brother, sister and myself. The problem for me now is that I must take a mortgage out to give my siblings their equal 1/3 of what the property is worth. My income after my financial obligations is maxed out and does not leave me the ability to pay on a mortgage. In fact, I do not have the ability to find a place to rent if we sold the house outright. The only reason that I was staying afloat was that I did not have a mortgage or rent payment to pay. Unfortunately, this was not considered when I signed a totally one-sided agreement. (Pittsburgh, PA)

A: No one can answer this without looking at the agreement. If the agreement was incorporated and not merged into the divorce decree and the 30-day appeal period has lapsed, any terms agreed upon including alimony are probably binding. An experienced divorce attorney will know whether there is any chance of modification by looking at it.

Can Medicaid take my profit if I sell my townhouse?

Q: I want to move into a low-income apartment. Will I lose my Medicaid? Because I made a profit on the sale of my townhouse? I owe my cousin money and she will get my profit money. (Monroeville, PA)

A: I am sure if you applied for and are receiving Medicaid funding they already know about this townhouse, assuming it is in your name and you didn’t falsify your application. They may already have a lien on this house. There are too many questions here, to give you a competent answer. Like, is the townhouse in your name? Are the proceeds going into a trust of some sort? When was the trust established? Please consult with an attorney versed in Medicaid regulations.

Why would this be as first-offense DUI?

Q: My ex-husband and father of my son had his 1st DUI in 2004 and did the ARD program, his 2nd DUI was in 2012 and he had house arrest, probation and 12-month license suspension. Now he had his 3rd DUI in December 2017. It was my understanding that this would count as his 2nd since the 1st was over 10 years ago. However, I looked up the docket sheet on the public website and it says the charge is: 2 75 § 3802 §§ C* DUI: Highest Rate of Alcohol (BAC .16+) 1st Off. Why would this be only the 1st offense? The offense from August 2012 says: 6 75 § 3802 §§ C* DUI: Highest Rate of Alcohol (BAC .16+) 1st Off and 2 75 § 3802 §§ A1** M DUI: Gen Imp/Inc of Driving Safely – 2nd Off. These all happened in different counties (Allegheny, Butler and Beaver) if that makes a difference, all in Pennsylvania. (MacDonald, PA)

A: The police normally charge DUI’s as a first offense because they usually do not have access to a comprehensive criminal record check at the time of arrest. The charge is more accurately amended when the DA has had time to run a more thorough background check once the case is sent to the Common Plea level. It is likely his prior DUIs will be discovered and this will be his second in ten years, thus charged as a second DUI. He won’t receive any benefit for spreading his drinking and driving among different counties, they are all charged under state law.

What happens when a PFA victim contacts the guy?

Q: There was a PFA put on him while he was in jail, that he wasn’t a part of because it was an alleged domestic situation. She has been contacting him to see his child and asked him to be around. If she allows him over numerous of times, is she in violation? (West Mifflin, PA)

A:  No, he should avoid her like the proverbial plague. PFA law is a one-way street. The law is designed to protect the victim and no contact means no contact. There is no in between. He would be arrested if he visits her, an argument breaks out and she calls the police. Now, once he is arrested on the PFA violation, he can use her contacting him to establish that the PFA was void by her actions, at his trial. If he wants to be safe, get her attorney to file a motion to vacate the PFA.

Can his sisters contest his will?

Q: He had his lawyer do his will after the diagnosis. The doctor giving him a 10-year possible lifespan prognosis. He has no wife or children. He has two siblings older than him and nieces and nephews. We are not romantic, but we have social outings and travel together. He pays. He also gives me around $700 a month to help pay my mortgage. I am 74. I fear when he passes that I could have trouble from his sisters and the nieces and nephews contesting the will. His estate consists of a 2015 Corvette Stingray, a 2016 Rav 4, a $180,000 home and about $150,000 in the bank plus a coin collection. No bills other than monthly utilities and living expenses. What should I do when the time comes? (Clairton, PA)

A: If he was competent when he executed the will, and the will is in compliance with the law, you should be fine. Anybody can say they will contest a will, but it is difficult to do. If the testator was competent and there is no clear and convincing evidence that the will was a product of coercion or undue influence, they have no claim. Because you are not married to him and you are not family, is irrelevant. He is free to leave his estate to whomever he wishes. There is nothing you can do except make sure his original will is preserved and kept safe. If it would disappear before he dies, then his biological heirs will inherit from him, and you will be out of the picture.