Pennsylvania Recent Legal Answers from Lawyers

Yes, if you traveled here on a visa and entered the United States legally, then you can get married to a US citizen, despite that you are now out of status, and apply for a green card. There is an exception to this if you came here on a J1 visa. Some of the J1 visa's have a 2 your home residency requirement. But if That is not the case, then you will be fine.... Read More

If your mother is competent and not under duress or unduly influenced by you, she has the right to make whatever gift she wants of her property (selling you the family home for $1 when it is presumably worth much more would be considered a gift).  Of course, your siblings could always contest it, and, on its face, it doesn't look good, and only looks worse becaues  you have a poa and thus a fiduciary duty to act in your mother's best interests.   Also, depending on how much the home is worth, such a transfer could have estate and gift tax implications.... Read More

Probably not the first time, becauwe it would probably not be considered reasonably foreseeable that a bird would pick up something on your property, drop it on her property, and her dog woudl eat it and become sick.  However, now that it has happened once, it might well be considered reasonably foreseeable, and you could (emphasize COULD) potentially be deemed negligent and responsible for any damages suffered by your neighbor (i.e. veterinary bills).... Read More

More details would be needed in order to evaluate whether you have a claim.  Your brief description does, however, raise a concern that the statute of limitations may have expired.  In Pennsylvania, there is a 2 year statute of limitations.  There are some limited circumstances which could suspend the commencement of the limitation period, but your description does not provide enough details to assess this issue.  You may want to talk with a lawyer.... Read More

I'm having some difficulty understanding your description of the relevant facts.  I'm understanding that you had a claim and that it was settled such that you were to receive a payment.  The payment went to your lawyer who, more than a week ago, told you that the money would be directly deposited into your account.  If my understanding is correct, I would again speak with the lawyer to confirm that he/she has in fact sent the money to your bank.  Double check that the lawyer has your correct account information.  The lawyer would have received confirmantion from his bank that the funds were transfered.  Ask for a copy.... Read More

Assuming that you were paid by your insurance company for the damage to your car, and you were not paid by the insurance company for the drunk driver, you could assert a claim for lost wages if you missed work because you did not have available transportation.  If, however, you were paid by the driver's insurance company, you may have been asked to sign a release which potentially could preclude any additional claims.  Under the facts described, I do not think that you could recover for stress under Pa. law.... Read More

The right to a jury trial is not absolute in Pennsylvania.  That's an important distinction in your case because it sounds like this is a first offense DUI.  First offense DUI's in Pennsylvania carry a 6 month maximum sentence, which means you are only entitled to a trial by a judge.  Innocent until guilty still applies but the Judge is hearing the case, not a jury.  Second, if you were denied a hearing at your preliminary hearing you could request to have it reinstated, depending on what county you are in, that is a possible chance.  Be advised, the smell of marijuana clings to things and at six feet a person would absolutely be able to smell it if you had smoked recently.  Also be aware, that officers say they smell weed all the time and almost never actually find it.  Finally, ARD is not a bad option in most cases because it leaves you without the mandatory jail time and conviction.  Call a few local attorneys, chat with them, many do do payment plans.  If you don't like your attorney, pardon the cliche, there are many fish in the sea.  ... Read More

There is almost no way of answering that question without a much more thorough consultation.  Realistically, even with a more thorough consultation most attorney's would want to see some discovery before they advise you.  In the Commonwealth you don't have to prove your innocence.  Your story seems very thin.  That being said who's to say they can truly tie the actual action to you.  Paper cases can have nuance to them which makes them difficult.  Rather than searching for answers on the internet you need to sit down with an attorney and spend some actual time with them.  In excess of 100k theft you could be looking at substantial jail time.     ... Read More

The executor's duty is to collect the property, pay the debts and distribute the rest according to the Will.  This includes evicting anyone who may be staying in the home without a valid lease. An executor is prohibited from buying from the estate. You may want to talk with a probate attorney who practices in the county in which your mother's Will was probated.... Read More

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