Pennsylvania Elder Law Questions & Answers

Q: My best friend has been placed in a nursing home permanently. How can I clean out her apartment for her?

1 Answer | Asked in Family Law and Elder Law for Pennsylvania on
Answered on Nov 21, 2018
Kathryn Hilbush's answer
When you say clean out, does that mean you intend to store her effects or get rid of them? Even though she doesn't have a will doesn't mean there will no be an estate raised. You might do best with staying out of this or, if your conscience won't allow that, then you could meet with an experienced trust and estates attorney to learn what you might be able to do. Since you haven't mentioned whether your friend is legally competent, I can't suggest that you have her sign paperwork permitting you...

Q: My Father passed 1 year ago under terrible circumstances at a Tioga county nursing home. Can I file suit?

1 Answer | Asked in Elder Law, Health Care Law, Medical Malpractice and Wrongful Death for Pennsylvania on
Answered on Sep 11, 2018
Peter N. Munsing's answer
There may be a claim the estate can make. Whether it's a claim for the DA is up to the DA for the county where it happened. Feel free to call me and I can recommend some attorneys who can discuss the case in more detail with you. Do understand nursing home cases are difficult as the people go there because they aren't well enough to recover at home.

No media, social media, until you've spoken with an attorney or two. You can end up receiving some letters from attorneys for the nursing...

Q: I am a neighbor to a woman here in pa..

2 Answers | Asked in Estate Planning and Elder Law for Pennsylvania on
Answered on Aug 15, 2018
Mark Scoblionko's answer
I don't know what your question is. The fact that the daughter holds a Power of Attorney is irrelevant. That would not give the daughter the right to remove those things without her mother's consent.

Q: Woman is abusing my 69 year old cousin mentally and financially. Do we have any recourse? Restraining order?

1 Answer | Asked in Criminal Law and Elder Law for Pennsylvania on
Answered on Aug 2, 2018
Cary B. Hall's answer
Contact the local police also to report the neighbor's conduct, and have your cousin tell the police that she no longer wants any contact from this neighbor. If the contact persists after the neighbor is so notified, she could face criminal harassment charges. It's worth a try.

Best of luck to your cousin.

Q: Can a child from a previous marriage living in another state put her father in a Nursing home even though he is married?

1 Answer | Asked in Elder Law for Pennsylvania on
Answered on May 17, 2018
Kathryn Hilbush's answer
I do not practice in this area of law but I really doubt that she can do this unless she has herself appointed guardian. She'd have to do that in the state and county where your husband lives and he, and I believe you as well, would have to be notified of her petition.

Q: I have been separated for 6 years and my husband may have to go to a nursing home. Can they take my house?

1 Answer | Asked in Elder Law and Estate Planning for Pennsylvania on
Answered on Apr 26, 2018
Wendy Ashby's answer
The answer to that question depends on additional information that you would need to provide. However, I can say the Medical Assistance laws provide protections for a spouse that would include the marital residence if the healthy spouse is residing in it. You mentioned that you are separated, so the details of that may impact whether you can maintain this protection, or if other protections may be available because of your current marital status. You should seek the advice of an attorney...

Q: My mom owes on her house if I buy the house for what she owes and she goes to a nursing home can they take the house?

1 Answer | Asked in Elder Law for Pennsylvania on
Answered on Mar 28, 2018
Richard Winblad's answer
Contact attorney Jeff Bellomo in Pennsylvania

PHONE:

717-845-5390

ADDRESS:

3198 East Market Street, York, PA 17402

OFFICE HOURS:

Mon to Thurs- 8:30am to 5:00pm (Closed 12-1pm)Friday- 8:30am to noon

EMAIL:

info@bellomoassociates.com

Q: Should I add my name on the deed to my mother's house?

1 Answer | Asked in Estate Planning and Elder Law for Pennsylvania on
Answered on Mar 16, 2018
Mark Scoblionko's answer
Your mother and you would be best advised to speak with a knowledgeable lawyer and develop a comprehensive estate plan.

I will give you a few random things to check on:

1. If your mother needs nursing home care, is the house an exempt asset?

2. If the house is exempt and you are added to the deed, is it still an exempt asset?

3. Are you better off if the house is completely gifted to you?

4. If the house is gifted, what is the "look-back" period if...

Q: Mom passed away with no will. Has been separated for 10 years. He is incompetent and his family is trying to take estate

1 Answer | Asked in Estate Planning, Family Law, Elder Law and Probate for Pennsylvania on
Answered on Mar 10, 2018
Mark Scoblionko's answer
Unfortunately, you need to hire a lawyer. If no divorce action was filed, he is entitled to claim what is called a forced intestate share. He is likely entitled to one-third of the estate.

Q: PA Resident - A family member is in a nursing home and fell. There is CCTV video of the fall.

1 Answer | Asked in Elder Law for Pennsylvania on
Answered on Feb 20, 2018
Peter N. Munsing's answer
They should be.If not tell admin you want the tape or images secured. Speak with an attorney who handles nursing home issues if there were injuries.

Q: My mother is 89 years old and I am her caregiver. I work but bought a home so that I could meet her aging needs.

2 Answers | Asked in Elder Law, Real Estate Law, Estate Planning and Probate for Pennsylvania on
Answered on Feb 10, 2018
Mark Scoblionko's answer
You need to consult with a lawyer to examine the deed. If you and your mother own the home as joint tenants with right of survivorship, her interest would pass to you automatically, but it will cost you 4% inheritance tax on her portion. If you own the home as tenants in common, her interest would pass through her estate. If you are the sole child, it would come to you, but be subject to the same inheritance tax. If you are not the sole child, her half would go to you and the other...

Q: My boyfriend lives with his grandfather. His grandfather does not have a will.

1 Answer | Asked in Elder Law, Estate Planning and Probate for Pennsylvania on
Answered on Dec 1, 2017
Mark Scoblionko's answer
I am not sure what you mean when you say that Pennsylvania has no next of kin laws. There is a statute, commonly called the Intestacy Act, which provides what happens in an estate where there is no Will. In the circumstances you have described, if the grandfather has no Will, all of his assets would pass to his surviving children. If the mother and aunt are the daughters of the grandfather and, furthermore, are the only surviving children, they would be entitled to the grandfather's entire...

Q: Don't know my rights according to common law relationships.

1 Answer | Asked in Civil Litigation, Divorce, Family Law and Elder Law for Pennsylvania on
Answered on Nov 28, 2017
Lisa Marie Vari's answer
Common law marriage was abolished in Pennsylvania in 2005. Marriages entered after January 2005, must have a marriage license and formal process.

Please feel free to read the information about common law marriage on my website. http://www.pafamilylawyers.com/Family-Laws-Overview/Divorce-Annulment.shtml

Lisa Marie Vari, Esquire

www.pafamilylawyers.com

Q: I live with my mother in her home and I am her full time (unpaid) caregiver. May I live in her home after her death?

1 Answer | Asked in Real Estate Law, Elder Law and Estate Planning for Pennsylvania on
Answered on Aug 1, 2017
Mark Scoblionko's answer
The Will would have to be examined by a lawyer. If your mother truly left the house to the two of you, your brother could bring an action for partition to force a sale. Under any circumstances, you would be obligated to pay fair rental during the time you remain in the house. If your description is incorrect and your mother actually left her entire estate to the two of you, and the house is simply part of the residuary estate, it is up to the Executor to decide what happens to the house. If...

Q: What is the financial penalty for Section 1571 (a) (4)

1 Answer | Asked in Elder Law, Traffic Tickets and Gov & Administrative Law for Pennsylvania on
Answered on Jan 24, 2017
Brian Lehman's answer
Usually $100 but it can be a misdemeanor or felony under other circumstances.

http://law.justia.com/codes/pennsylvania/2010/title-75/chapter-15/1571

(b) Penalty.--

(1) Any person violating the provisions of subsection (a)(1) through (4) commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $100.

(2) Any person violating the provisions of subsection (a)(5) commits a misdemeanor of the first degree and shall be sentenced as provided...

Q: Mom has dementia and in care home. Sister has POA and is selling home. I want to rent it to own or land contract it.

1 Answer | Asked in Elder Law and Real Estate Law for Pennsylvania on
Answered on Nov 11, 2016
Peter N. Munsing's answer
Contact an elderlaw attorney. Is mom on MA I assume? then elderlaw attorney your best bet.

Q: How do I contest a will? And, how do I go about getting the POA's agents use of the principals money, investigated?

1 Answer | Asked in Estate Planning and Elder Law for Pennsylvania on
Answered on Oct 10, 2016
Peter N. Munsing's answer
You need to file a contest with the register of wills. You also should contact an attorney who handles estate litigation. Generally, Pennsylvania Courts feel bound by the will if the person had a time of clarity when they made it. Don't focus on things like the executor giving you your brother's copy for delivery--if they weren't sure of where he lived etc. it would be reasonable.

Q: Do I have the right to ask the power of attorney for financial information for my mom is she is still alive in Pennsylva

1 Answer | Asked in Estate Planning and Elder Law for Pennsylvania on
Answered on Sep 29, 2016
Peter N. Munsing's answer
If your mom is competent you ask her. You can ask anyone anything but I think your question is does the POA have to tell you. Unless the poa she filled oiut says they do, they don't.

Q: Is it legal for a legal guardian of a person with dementia to sell her property even if she is still alive?

1 Answer | Asked in Family Law, Real Estate Law and Elder Law for Pennsylvania on
Answered on Sep 18, 2016
Peter N. Munsing's answer
Good question.Maybe son was expected to pay as "rent" on the property?

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