Category Archives: Uncategorized

What can I do to have my daughter as durable power of attorney?

Q: I don’t know what I need to do with lacking only about 10 payments to paying home off. When I got sick about 7 years ago my daughter took care of me. Now she gave her job up about 2 to 3 years ago when I needed her all the time. A friend said maybe a trust? I just am not sure what or if anything I can do I have my state retirement, survivor’s benefits and social security saved. (Ohio Twp., PA)

A: I am not getting everything needed to be known to answer this question so I urge you to consult with an estate or elder law attorney who can get all the facts. Of course, you can have an attorney draft a POA which authorizes your daughter to act on your behalf. If you may need Medicaid funding in the future you may be able to shelter some of your assets and take advantage or caretaker contracts and a hardship exclusion to save the home.

How to address unexpected liens?

Q: I purchased a foreclosed house. Paid house value plus 42K in liens at the Allegheny county sheriff sale. The HOA had a lawyer send me a shocking letter telling me I owed them14K in liens! Why am I paying this? What is the law? Please explain it simplistically. (Pittsburgh, PA)

A: This is why people who are not experienced with foreclosure property hire an attorney before bidding on Sheriff sale real estate. You probably paid delinquent real estate taxes and liened municipal services but probably did not do a title search which would have showed other liens which could be from a variety of sources-civil judgment, back child support, unpaid taxes, municipal services, etc.. Hire an attorney now to verify the liens and if they are so verified, you will have to pay them. Hopefully, you will not now have a Sheriff’s sale house which cost you $56,000.00.

What questions do I ask the Estate lawyer ?

Q: I moved in with my mom about 2 years back. We got my name on the home, so this is all done. My mom is in her late 80’s and I have two brothers on SSI. I know about the 5 year look back period. One of my brothers still wants our mom to help support him, I have explained to her I do not have an issue with this- however, I told her if she needed care from Medicaid, then what funds she give him, the money has to come from some place so I would have to pay it. I am not willing to support my brother. So, what do I need to do to prepare for the lawyer- just state what I have said here? (South Fayette Twp., PA)

A: Consult with an attorney versed in Medicaid regulations. It sounds like you are aware of the impact of Medicaid in that money paid to the brother could be considered gifts or transfers without consideration during the Medicaid look back period of 5 years and render your mother ineligible for Medicaid benefits to the extent of the value of the unauthorized transfers. An attorney may be able to utilize a caretaker contract between you and she to shelter some of her money and advise you on how you can utilize your move-in caretaker status to possibly shelter your mother’s home from Medicaid Estate Recovery.

Can real estate transfer by POA days before death be overturned?

Q: Our dad was hospitalized with a stroke and pneumonia, and he has a will. My sister and I knew we were getting this property in the will, but the will was 125 miles away and we did not want at that point to leave his side for that length of time to see what the rest of the will read for fear of him dying before we returned. He could not speak because of the stroke so we had to ask questions and he would answer yes or no by hand squeezes. He instructed us to transfer his house through power of attorney to our joint names and we did. It turned out we probably should not have, because I think he was not thinking properly at that point do to drugs and the stroke, and my sister and I were grief stricken and tired from being by his side until he died. Since we were getting the house by will anyway, in hind sight it did not seem to make any sense to transfer it, so we figured he knew something we did not. But, I do not think he was thinking right at that time. (Pittsburgh, PA)

A: Assuming the POA authorized you to transfer real estate or make gifts to yourselves, and even if it didn’t, if no other family members are complaining or you haven’t violated state law, you should be OK. No harm, no foul. If, on the other hand, you transferred his real estate to yourselves with the POA when other family members were to inherit the real estate through the will, there might be a concern. In PA, a transfer in anticipation of death (within 1 year) will subject the entire value of the property transferred to inheritance tax with a $3000.00 exclusion. The only other concern would be Medicaid. If your father was receiving Medicaid benefits, they may have a claim against his estate. If you transferred property out of his estate, Medicaid will have a claim against the real estate as part of his estate as it was transferred in anticipation of his death. If you did this transfer with knowledge of his Medicaid status, you have committed Medicaid fraud but will probably not be prosecuted criminally if the house is still in your name.

Should we have a lawyer with us for a hearing for disorderly conduct?

Q: My 18-year-old son was pulled over for a broken tail light. He had two friends in the car with him under 18. One of them had a vape pen used for smoking marijuana. There was also an empty prescription bottle that once held marijuana. Both boys were given a citation to which they both pleaded guilty. My son was given a citation for disorderly conduct. He plead not guilty and has a hearing coming up in April. Should we have a lawyer with us? (Pittsburgh, PA)

A: At age 18, your son is an adult. Yes, hire an attorney. A disorderly conduct summary offense, if convicted, cannot be removed from his record for 5 years and only then by an expungement petition. He may have a defense, or an attorney may be able to have the charges withdrawn if you son competes a drug and alcohol program or does community service.

Can my felony that I was charged with in Florida be used against me?

Q: I was charged in Florida with a crime. Can it be used against me in a pending misdemeanor case that allegedly I’m being charged with in Pennsylvania? (Pittsburgh, PA)

A: If you were convicted of it in Florida, of course. It can be used to calculate your guidelines for sentencing in that a prior felony conviction will equal so many points, depending on the type of felony and how it was graded (F1, F2, F3?) It may also be used against you at trial if it is similar in nature to your new crime. For example, if the felony was for theft, and your new alleged crime is theft, the DA can introduce it at trial to impeach your credibility. If, however, you were not convicted, only charged, it cannot be used.

Can my niece legally move in with me?

Q: My 15-year-old niece gets taken advantage of at home treated like she’s a house maid cooking cleaning taking care of her younger siblings etc. how do we go about having her live with us. (Brentwood, PA)

A: If her mom and father agree to this, this type of temporary custody switch can be called a family arrangement. You will need to have affidavits or at a minimum, signed letters from the parents indicating their permission for you to have temporary custody and enroll her in a new school if necessary and attend to her medical and dental needs. If her parents object to the move, and they have a right to, things get more complicated. If a family arrangement cannot work, you can file a motion for temporary custody with the Family Division Motion’s Judge. You will need to serve the parents with the motion and notice of the hearing date. I would consult with an attorney if you do this. If you feel she is abused or neglected in her present home, you can involve CYF, but I would do that as a last resort. They will make every effort to place the child with family in situations where they remove a child which may result in the child being placed in your home. At that point, you may be eligible for foster care payments if you can be certified as a foster parent.

Someone used my name

Q: How do how do I get a ticket out of my name for driving without a license if I never had a license? I wasn’t driving and didn’t do this. (Pittsburgh, PA)

A: It sounds like you may have a defense. Unfortunately, you will need to appear in court and present it. I would consult with an attorney. It is unlikely that the perpetrator had the same identical car as you, looked the same as you, etc. Cross-examination of the officer by an attorney can establish mistaken identity. Also, you can raise an alibi witness defense if you can prove you were elsewhere at the date and time of the alleged caper.

What can be done?

Q: My wife and her sister are joint owners of a house and property left by their mother. The sister does not care anything about the property and pays nothing on the up keep of property. We pay all the taxes, home owner’s insurance and all utilities and have been doing this for 5 years plus. We made a fair offer to sister to buy her out and she refuses! Is there anything we can do to force her to remove her name from the deed or how can I get her to pay me back for all the money and upkeep we have put into house? (Pittsburgh, PA)

A: I would show the deed to an attorney to check how you own the deed. If you are tenants in common, you can sell your half or bring an action in equity against her for reimbursement of your upkeep of her half. If you are joint tenants with rights of survivorship, your only remedy that I am aware is a partition action. These actions are rather expensive as you will need to pay for appraisals and pay a court appointed mediator to review the entire matter.

Would my brother or me be liable for my Aunt’s well-being?

Q: I am looking to move in with my brother and my Aunt. My brother and my aunt live in my grandfather’s old house. My father and my aunt purchased it from the estate, and each owns half of the house. My Aunt does not take care of herself or the house. She will let trash accumulate. She has problems walking and refuses to see a doctor. Anytime we try to intervene or get her to change she said we are intruding on her personal rights and if she wants to live like a slob she has the right to. If she were to require serious medical attention through the emergency room or if she were to pass away, I am concerned my brother, or I could be held legally responsible for her? We are in our 30s. She is in her mid-60s. (Elizabeth, PA)

A: You have no duty to care for her if you are not living with her. However, if you move in to her home, you become a household member and could be liable for neglect or abuse if you do not seek help for her if she needs of medical treatment or is injured.