Pennsylvania Recent Legal Answers from Lawyers

A dementia diagnosis by itself does not mean that someone lacks legal capacity to grant a Durable [Financial] Power of Attorney.  Some people in the early stages still have this legal capacity.  Fraud is another question. In some states an agent under a Durable Power of Attorney is required to report to the person who signed it and, if it so states, to others. In some states anyone who would be a beneficiary under a Will or an heir if there is no Will can ask a court to investigate the activities of an agent under a Durable Power of Attorney. You may want to discuss your concerns with an elder lawyer.  You can find one near you using the website of the National Academy of Elder Law Attorneys (www.naela.org).... Read More

Medicaid has a five year look back perriod.  Any transfer of $200 or more for less than fair market value duing the 60 months before the application (which can only be made when you are in a nursing home) results in a penalty period during which Medicaid will not pay.  The number of days, weeks, years or months is deterrmined by dividing the value of, in this case, your home by the dollar amount which PA Medicaid determines is the daily cost of care for that year.  That figure tends to be low balled, rersulting in a longer penalty perirod.... Read More

There is a question of whether doing such work constitutes unauthorized employment. It is likely not so clear-cut since the foreign organizations could possibly hire an American worker to do your job if you were not available. The problem is compounded if your work entails being on a worksite in the United States. If not, there would likely be no foreseeable problem if the foreign organizations paid you in your overseas account. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read More

I know that courts can be frustrating right now.  As a criminal defense attorney with multiple cases that need to go to trial, my clients are frustrated everyday by being unable to "have their day in court".  Unfortunately, COVID has caused the Courts to do the best they can in keeping the public safe.  However, you may want to have a discussion with your attorney about a non-jury trial.  It's possible that could resolve the case more quickly.  ... Read More

Reading the instructions on the I-944 form, it appears that you do not have to report your child’s use of Snap and Medicaid before October 15, 2019. In a note on page 9 of the instructions is stated, “For benefits received before October 15, 2019, you only need to report receipt of SSI, cash, TANF, General Assistance, and benefits received for longtime institutionalization. You do not need to report receipt of Snap, Medicaid (other than Medicaid benefits used to fund long-term institutionalization)….” Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read More

If the child has been in PA with your son for at least six months, jurisdiction for custody is in Philadelphia.  He should file a petition to confirm primary custody in him with the Philadelphia Family Court.  Forms and instructions are available on the Philadelphia Family Court web site.  There will be a fee for filing.  When he receives notice of his first custody hearing with the Master and if he wishes representation, have him contact me or an attorney in my firm. Best Regards, Maribeth Blessing 215 663-9016 www.mbfamilylaw.com  ... Read More

You should move to dismiss the complaint on the grounds of a settlment.  You may not be able to enforce the oral settlement agreement, but the court is unlikely to default you if hte reason you were late responding is because of a contemplated settlement.  The longer you wait, however, the more likely that you will lose on default.... Read More

If your mother's prior Will did not include an agreement not to change it (mirrored by the same agreement in your father's Will) and she did not sign a contract not to change her Will, she was free to make a new one and exclude whomever she wanted to exclude.  Even if she had had no Will and her estate passed under the laws of inheritance, a stepchild does not inherit unless he was adopted.... Read More

If there is no land, house, vehicles, savings account, checking accoount or valued property, it appears the what the family is fighting over may be (1) disposing of the remains and (2) disposing of the personal effects.  (1) In most states, if the deceased has not signed an Appointment for Disposition of Remains or similar document and the family has not acted, the executor may dispose of the remains. (2) In most states, if only personal effects (clothes, shoes, etc.) remain, the Will is not presented to a court for probate (proving).... Read More

Hi Joanna. Sorry to hear about your situation.  If the money is not your income, you should just file your return with your proper income, which at this point from you wrote is zero. It is on your sister to file taxes with her online business income. If the IRS comes to audit you, then you have some evidence that this income was not yours.  I hope this helps. Take Care.... Read More

If a Will was filed for probate (proving), it is public document available (often online) at the county probate or surrogate's court.  If there was no Will, the heirs can still settle the estate by hiring a local probate attorney to file an application for determination of heirship and issuance of letters of administration.... Read More