Category Archives: Blog and FAQ

What are the inheritance laws if parents give house to child under 18?

Q: My mom is trying to buy a house soon. She wants to hand down the house to me and my brother in the event something happens to her. Since I’m 26 and he’s under 18, how does inheritance tax and exemptions work? If he were to be still under 18 in that event, would he legally be able to accept it? (Pittsburgh, PA)

A: Mom handing over a home to a 26-year-old and a minor may not be advisable. Additionally, I do not believe a minor can hold title to real estate. Your mother should consult with an elder law attorney who can assess her entire financial and personal situation and recommend the best options for her. Perhaps putting the house in a revocable trust is beneficial, but no one can tell without more information. The inheritance tax rate for children is 4.5% and it is practically unavoidable unless mom transfers the house out of her name altogether. Whether the potential consequences of doing that is advisable given the low rate of inheritance tax would be her decision. Additionally, not knowing the entire picture here, your mother should be advised of Medicaid implications with such transfer if she will potentially need Medicaid coverage in the next five years.

Who has legal rights to the home?

Q: If there are three siblings and one sibling is deceased, and she was married. Dad had a house but died and left no will. Does the one deceased sibling’s husband have any rights to the house along with the remaining siblings? The husband also has Alzheimer’s and in a nursing home. (Plum Borough, PA)

A: I will assume that the sibling died prior to the passing of your father, your father owned the home and as you said, he had no will when he died, and your mother predeceased him, or they were divorced prior to his passing. If this is correct, his home will pass under the intestate laws (no will) of PA. Under your facts, his 3 children, and the child or children of a deceased child (if any) will inherit his estate property, which will include the house, in equal shares. If the deceased child (your sibling) had a child or children, that child or children will inherit the share of their deceased parent (your sibling) which would be one-quarter.

Will warrant be issued if parent no shows for child support hearing?

Q: The mother is on government medical/ food stamp assistance. The child support case is in PA. The mother of child did not show up to the first initial hearing. The hearing has been rescheduled. Will a warrant be issued for me if I do not attend the hearing? (Pittsburgh, PA)

A: I do not believe the Family Division issues warrants for parties that do not show for hearings to establish child support. If it was a contempt hearing for failure to pay child support, they could hold a hearing without you, find you in contempt in absentia, then issue a warrant. If you fail to appear at a support establishment hearing, they will conduct a hearing without you and issue an order, which will likely require you to pay support.

There is no evidence, but I am accused of recklessly endangering?

Q: My mother and her husband engaged in a verbal argument, it got physical, she proceeded towards my location further down the street not knowing I was at my girlfriend’s residence on the porch. While making her way towards me, she then collapsed, and hit her skull on the ground. It appeared to me as an overdose, while kneeling to her aid I told my girlfriend to call 911. Her husband began to get irate, insisting they leave, and she did not need medical attention. I ignored him, moments later her he reached for my fully loaded firearm. It’s was holstered up against my spine, while I was kneeling to my mother the position became comprised, I realized what he was attempting to do, and struck him with my left elbow and gained control over my weapon with my right hand, I then removed the gun from behind me to my side, barrel facing towards the ground. Later the police alleged that I put the firearms to my step father’s head. I am now being charged with recklessly endangering another person. If this is a one person’s word against another’s, you have a good shot at a not-guilty verdict at trial. (Pittsburgh, PA)

A: I am assuming your mother’s husband alleges you pointed the gun at his head. That would be the evidence. Evidence does not necessarily have to be in the form of videotape. So, as you have just learned, charges can be based on victim testimony. You have the right to defend yourself and counter the victim’s story with your own testimony and testimony of other witnesses if there are any. I suggest since this case involves a gun, a felony and potential jail sentence, that you consult with a lawyer.

After I’m done paying the fine will the charge change?

Q: I pleaded guilty to a M1 charge. They told me they would give me a fine and it will be a non-traffic fine. I’m still paying on the 1100 fine. Will the charge change once the fine is paid off?

A: The fact that you are asking this question is not reassuring that you even know what happened to you in court. A plea to and conviction of a Misdemeanor 1 and a plea to and conviction of a Non-Traffic Summary offense, are entirely different things. A Non-Traffic Summary offense is usually satisfied by fine. A plea to a Misdemeanor 1 will result in confinement or probation or both. If you cannot ask your lawyer who handled this, call the court to see exactly what your sentence was and what you were convicted of.

Is an underage drinking citation still valid after 8 years?

Q: If a 17-year-old with no license receives an underage drinking citation with an immediate loss of license for 3 months, but doesn’t get his license until he is 25, is the citation still valid?

A: Assuming you pleaded guilty or were found guilty of the underage drinking offense, the correlating driver’s license suspension from PennDOT does not take effect until the person gets a driver’s license, if they had none at the time of the offense. PennDOT doesn’t forget.

Can I have a felony warrant for a traffic accident with injury under suspended license?

Q: I was recently involved in a traffic accident involving injury while under suspended license. I was free to leave the scene. I have received the police report and that’s it. My father received a phone call from the sheriff looking for me with a felony warrant. Why is this and what steps should I take? (Pittsburgh, PA)

A: Because your actions arise to felony charges in PA. To be charged with a Felony 1 in these leaving the scene of an accident cases, there needs to be serious bodily injury. The police often charge this if there is just bodily injury, because it is not known at the time they file the charges if the victim has incurred serious bodily injury or not.
3742. Accidents involving death or personal injury.
(a) General rule.–The driver of any vehicle involved in an accident resulting in injury or death of any person shall immediately stop the vehicle at the scene of the accident or as close thereto as possible but shall then forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of section 3744(relating to duty to give information and render aid). Every stop shall be made without obstructing traffic more than is necessary.
(b) Penalties. —
(1) Except as otherwise provided in this section, any person violating this section commits a misdemeanor of the first degree.
Also, if you are operating a motor vehicle and have an accident when you are not licensed, i.e., suspended, revoked, etc., you can be charged with a Felony 3.
Do not make statements to the police and get yourself an attorney.

Should I fight for a speeding ticket for 5 mph over in PA?

Q: I got a speeding ticket in Allegheny County, PA. The officer cited “Speeding 60 MPH Allowed 55 MPH”. He told that I was doing 78 MPH (He did put that on the ticket: actual 78 mph), he was giving me a break and there would be no points and record. Should I just plead guilty and pay the $150 fine or hire a lawyer to fight for it? (Youngstown, OH)

A: Unless a motorist has a bad driving, record was going excessively fast, or was a jerk to the officer, most officers will work out a speeding ticket to 5 mph and under to avoid points being assigned to the motorists driving record. Usually the officers only do this at the hearing. If you trust the ticket is indicated so, you could mail in a guilty plea and the required payment.

Why didn’t his time start months ago?

Q: My boyfriend has been in jail for more than 6 months already. He was charged with theft, again, while in jail. The judge sentenced him to 6 more months, to be run concurrent with his other time. So why is his lawyer saying that his time didn’t start till 4 days ago? (Jefferson Hills, PA)

A: I would ask his lawyer first. Just because two sentences are “concurrent” with each other does not mean that they start and stop at the same time, or simultaneously. For example, if he is serving a 6-month sentence that started on January 1, 2018 it would end on June 1, 2018. If he was sentenced to a new 6 -month sentence on March 1, 2018, it will end on September 1, 2018, not June 1, 2018.

Can you change a contract after one party signs?

Q: I went into a vehicle purchase agreement with someone. After I signed the contract, the buyer wrote something in blue ink after one of the terms and then signed it. I did not agree to the new term. Am I bound to the original terms or is the new term binding? (Pittsburgh, PA)

A: One party cannot unilaterally amend or add new terms to a contract after both parties sign it. It is considered a counter offer, which must be accepted or rejected by the receiving party. If you did not agree to this amendment of the contract either verbally, or by signing or placing your initials near the amended or added term, you did not consent. I would reject the term in writing and make sure the document is given to the other party and you keep a copy for your records. Some people in this situation would write next to the term, “this additional term dated _____ is rejected”, and date and sign or place their initials next to it the added term.