Q: I am being court ordered to sign my half of 2 vehicles I own with my mom who is deemed incapacitated. The court fined me $2000.00 for a contempt charge I should be able to purge. The court did not state any statute or Pa. Code in the order. To me this is a seizure of property unjustly. The guardian of the estate wants the title signed and if I don’t there will be more sanctions. This seems to be illegal seizure of property. The court is saying if I sign over two vehicles to the estate ( not the court) then the fine is vacated. I could sell my half for more than the fine and pay it that way, but PennDOT says if I sign the title there is not much that can be done. Does this court order have to cite a pa code or statue allowing this title being taken from me? PennDOT has never done this before.
A: Not sure what is going on with your situation. My guess is that you are in Orphan’s Court and an Orphan’s Court judge ordered you to sign back over property which he or she believes, and opposing counsel as well , that you misappropriated from an estate? I think you are fighting a losing battle, without me researching this issue to be certain. Generally, Orphan’s Court is a Court of Equity and can order titled to be changed, deeds to be changed and property awarded to a party or an estate. For a definitive answer one would need to research the equitable powers of an Orphan’s Court judge and get a grip on the details of your situation.