Category Archives: Blog and FAQ

Fraudulent Seller Disclosure?

Q: I purchased a home in Pittsburgh, PA and when I viewed the home it had a sinkhole along the front yard property line. The realtor explained it was due to a broken storm drain pipe and the break was on the neighbor’s side of the property line. The neighbor refused to fix it, so the seller agreed to have it fixed as it was causing issue with the seller’s property (front yard). Six months later there is now a sinkhole in the back yard. The township said the pipe zigzags between my property line and the neighbor’s property line and they can’t force either one of us to fix it as it is private property. This sinkhole is on my property line, so I now I need to fix it. The seller home disclosure did not state any knowledge of this drain pipe or that I would have to fix it. Do I have a case for a fraudulent seller disclosure? (Jefferson Hills, PA)

A: These cases are fact driven and hard to prove, and more facts need to be known. However, it is worth a legal consultation. To prove fraud, I believe you need to prove by clear and convincing evidence that the seller knew or had reason to know of the problem you are alleging and tried to conceal it from you. It is a hard standard, but more facts are needed to determine if you have a claim.

What can be done about my mother who is legally separated from my father?

Q: My father had a massive stroke two weeks ago and my mother has basically taken over the entire situation. He is not well, and needs someone to assist with his care and recovery, not hinder it. She does not allow him to talk for himself, she has told us all to leave them alone and that she is taking care of him. She recently returned from a two year “vacation” in Arizona, because that was what was best for her. I have two other siblings who feel the same way about the situation and we are wondering where we may stand. From a legal standpoint, do we have any footing to get her removed from the situation? (Greensburg, PA)

A: A complicated situation. If he is competent, you can have him sign a financial and medical Power of Attorney to you or another sibling. However, if he is not competent, or if the POA causes such a conflict with your mother that it creates problems for service providers, you may need to file to be his guardian. My suggestion is to have a comprehensive consultation with an elder law attorney as many more facts are needed to determine precisely how to deal with the situation.

ELDER LAW, POWER OF ATTORNEY, GUARDIAN, SPOSUSES, SEPARATION

Should we seek POA or be his Guardian?

Q: Our Dad is deeply involved in a financial scam. He has sent between $6,000 and $15,000 to scammers for “taxes” for the prize he has won. He has had 3 months of Social Security checks diverted to some jagoff we don’t even know. He has finally admitted he was deceived but still talks to them on the phone and still talks of sending them money. Sometimes he seems fine mentally and other times he doesn’t. So far, Dad hasn’t agreed to POA, but we think he is coming around. We don’t know if that will be strong enough. What should we do? (Pittsburgh, PA)

A: It is a delicate situation. If he is competent to sign a POA and you can get him to, you may be able to safeguard his bank accounts in such a manner that he cannot withdraw without your (the Agent’s) approval. However, if he will not sign one and/or is beyond control due to dementia, you may need to have a family member appointed as guardian. Being guardian will provide more control of his affairs. However, a guardianship requires court involvement and monitoring. I suggest a consultation with a lawyer who handles guardianships.

Is there anything called squatters rights?

 

Q: About 3 months ago my daughter had her heroin dealer and his girlfriend move into my parents (her grandparents) home. Before my parents knew they were drug dealers they all agreed they would pay my parents $200 a week to stay here. My parents have only received $100 up to date. These people are dealing drugs out of my parent’s home, eating all the food, not to mention taking things from them, destroying the house and back yard. My parents told them they must move out, and had an agreement with them to leave on August 2,2017. They are still here and now are completely avoiding my folks. They have built some sort of lab or shop in the back half of the basement and my parents cannot go in there. Now they are stating they have squatter’s rights and don’t have to move out (because the guy was in jail and receives his “bail mail” here). They also say they have the right to live here until they get a written 30-day eviction notice. Please help. (Monessen, PA)

A: As far as I know, “squatters” have no rights in PA. There are several areas of law applicable. I don’t know how old your parents are but they sound like they are being exploited so you can call Adult Protective Services and see if they will do a home assessment. If these people are dealing drugs, call the police. I am not sure how policing is in your community, but it can be quite good. Police can observe, conduct surveillance and they can investigate. Just stopping in may freak these people out. Also, see a lawyer about eviction and securing their financial assets. These people may unfortunately have tenant rights and an eviction may be necessary

Can Pennsylvania extradite for probation violation on running while in house arrest?

Q: I was on house arrest and cut my monitoring bracelet off and now I’m moving to a different state. (Pittsburgh, PA)

A: I hope it was worth it. You will be charged with Escape and a warrant will be issued once you fail to appear at your Preliminary Hearing in Pa. You may also have a probation warrant issued from PA. At some point in the future, if you should encounter law enforcement in the new state, even for something fluky, the PA warrant will show. You will be held for extradition in the local county jail until PA comes for you after being notified by the holding state. Whether PA will or not, is hard to say. However, sitting in the jail waiting to find out will not be a good experience.

What do I do?

Q: My uncle was here on visitor’s visa from India couple of years ago. He had a hospital ER visit which lead to 20k in medical bills. He had some sort of traveler’s insurance at the time of his treatment. He went back assuming the insurance would take care of the bills. However, insurance denied everything stating it was due to a pre-existing condition. I recently have received a court summons on his name mailed to my address. Since the defendant is not staying in US anymore and they cannot afford paying that huge amount, what can be done? Would I have any impact on all this? (Gibsonia, PA)

A: If you were not named in the suit, but it was just mailed to your address, you should have nothing to worry about. I have seen creditors send court papers such as complaints to several last known addresses of clients. This way they can claim they served the defendant and try to obtain a default judgment. It was probably the address he listed when in the hospital here. My suggestion is to mail the creditor a letter, both regular and certified return receipt mail. In the letter, tell them that your uncle does not live nor has ever resided at your address and to cease further contact at your address. Saving a copy of this document may help your uncle in the future if the creditor should obtain a default judgment. As far as your uncle is concerned, it is highly doubtful that they will serve him with a complaint in India. If he travels back to the U.S. they could personally serve him with the complaint, but that is very unlikely.

How to get dad’s name off my mother’s house?

Q: My mom is going to pass away soon, and my dad’s name is still on the title. He hasn’t been around in 20 years. He didn’t have much to do with the payoff of the mortgage at all. I don’t even know where he is to ask him to sign the paperwork for my mother. (McKeesport, PA)

A:  The easiest thing to do would be to ask him. If you don’t know where he is start asking around-family, friends, his last employer, etc. You would be amazed what you can find on the internet. If necessary, hire a private detective or person locator. Perhaps he has grown up and will sign over the deed to make amends. If you cannot locate him or he will not do it, it is practically impossible to take the name of a property owner off a deed without their signature on a new deed, or without litigation. If he and your mother are owners as husband and wife, or legally, what they call by entireties, his share will pass to her if he would die. However, I am not suggesting that you put a hit out on him. Conversely, he will own the entire house when she passes. You may also want to check if they were ever divorced. Often in a divorce, one spouse agrees to convey title to the other in marriage settlement agreement or divorce agreement. The other option is to consult with a lawyer about a filing an action for partition of real estate. If that can be done with entireties property, the court may accept alternate service by publication if your lawyer cannot locate him. If he does not respond to the published notice, a default judgment could be entered, and his name stricken from the deed.

What evidence do I need to prove a parent unfit?

Q: What type of evidence is needed in a custody case to show that one parent is unfit? The father does not have any prior arrests. All I have are texts from him talking about his drinking causing problems between us and saying that it was why he acted the way he did. I also have pictures he posted on social media where he punched a wall and broke his hand because he was mad. Is this enough to try for full custody of a baby? (Pittsburgh, PA)

A: No, that is probably not enough to get full custody. Drinking too much and punching holes in walls sounds like 50% of the litigants in Family Division. You need something more extreme, like if he subjects the child or is likely to subject the child to harm. For example, he drives drunk while baby is in the car or he passes out from drinking during visitation, etc.

Can the police lie to me to make me an informant?

Q: The police came to my house and said I sold drugs to an informant. I did not do this. They want me to go buy from other people threatening me with felony jail time. (Pittsburgh, PA)

A: It is possible as police can use a certain amount of trickery or deception in their work. On the other hand, perhaps someone else lied to them about you. In either scenario, do not speak with the police and find yourself a lawyer. Once your lawyer contacts them and informs them that you are represented, they will quite harassing you and go through your attorney. Remember, most convictions are based on statements made by the accused. Don’t give them information they can use to convict you.

CRIMINAL LAW, DRUGS, INFORMANT, CONFIDENTIAL INFORMANT, CONTROLLED BUYS

Will a Financial Durable Power of Attorney cover my incapacitation?

Q: I have crafted my accounts, etc., to be transferred to my children, equally, upon my death. In the event I am incapacitated before I die, is a Durable Power of Attorney for Finances and Advance Directives enough to give my children access to my accounts without having to create separate accounts with their signing authority already on them, and authority to manage my care? (McMurray, PA)

A:  Yes, a legal General Durable Power of Attorney should empower an agent to do the things that the principal wants the agent to do. However, it is better if these things, which are called, “powers”, are listed as specifically as possible in the document so that the agent’s authority to exercise such powers are not questioned. My suggestion is to consult with an attorney in drafting a POA so that it will be customized to accomplish what you want it to. As mentioned, a POA is a very powerful document and if misused, can lead to problems with taxes and Medicaid, to mention a few. As to an Advanced Directive, that is a medical document that comes into effect at the end-stage of life. It should have nothing to do with your finances.