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Pennsylvania Elder Law Questions & Answers
1 Answer | Asked in Elder Law and Estate Planning for Pennsylvania on
Q: I have been separated for 6 years and my husband may have to go to a nursing home. Can they take my house?

I live in Pennsylvania

Wendy Ashby
Wendy Ashby
answered on Apr 26, 2018

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... Read more »

1 Answer | Asked in Elder Law for Pennsylvania on
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?
Richard Winblad
PREMIUM
Richard Winblad
answered on Mar 28, 2018

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

1 Answer | Asked in Estate Planning and Elder Law for Pennsylvania on
Q: Should I add my name on the deed to my mother's house?

Only 1 heir (me), no mortgage, no debt either side. mom is 82., dad passed in the fall - sister passed 25 yr ago (not married). I live 1 hr+ away. She just got a settlement from asbestos suit, so do not have to use home for equity to help with monthly bills and taxes for the time being - not... Read more »

Mark Scoblionko
Mark Scoblionko
answered on Mar 16, 2018

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...
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1 Answer | Asked in Estate Planning, Family Law, Elder Law and Probate for Pennsylvania on
Q: Mom passed away with no will. Has been separated for 10 years. He is incompetent and his family is trying to take estate

They have been separated for 10 years and he was in a accident a while ago and deemed incompetent. She lived a rough last year, and just passed away. His family is now trying to take the estate. What can I do?

Mark Scoblionko
Mark Scoblionko
answered on Mar 10, 2018

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.

1 Answer | Asked in Elder Law for Pennsylvania on
Q: PA Resident - A family member is in a nursing home and fell. There is CCTV video of the fall.

Is the family legally permitted to view the video? The fall occurred in the common space hallway.

Peter N. Munsing
Peter N. Munsing
answered on Feb 20, 2018

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.

2 Answers | Asked in Elder Law, Real Estate Law, Estate Planning and Probate for Pennsylvania on
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.

Both of our names are on the deed to my house because at the time, it was the best thing to do.

If she passes away, what happens with our home? What can I do to avoid any legal red tape?

Mark Scoblionko
Mark Scoblionko
answered on Feb 10, 2018

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... Read more »

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1 Answer | Asked in Elder Law, Estate Planning and Probate for Pennsylvania on
Q: My boyfriend lives with his grandfather. His grandfather does not have a will.

Just trying to get some advice. My boyfriend lives with his grandfather. His grandfather has no will and was just diagnosed with stage 4 brain cancer. We live in PA so there's no next to Kin laws. He does own a house but with mortgage. His mother and Aunt believe they can come in and take... Read more »

Mark Scoblionko
Mark Scoblionko
answered on Dec 1, 2017

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... Read more »

1 Answer | Asked in Civil Litigation, Divorce, Family Law and Elder Law for Pennsylvania on
Q: Don't know my rights according to common law relationships.

I live in Pennsylvania, northampton county... I'm currently in a long term relationship (11 1/2 years). It has been extremely mentally abusive. I want out and am trying very hard to get out. However, he has always had the upperhand, and still does, to point that I look and at times act insane... Read more »

Lisa Marie Vari
Lisa Marie Vari
answered on Nov 28, 2017

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....
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1 Answer | Asked in Real Estate Law, Elder Law and Estate Planning for Pennsylvania on
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?

Have lived/ cared for nearly 5 years. Her Will states that my brother and I inherit the house 50/50. Upon her death, he wants to sell it and split the money. Will I have any legal grounds to continue to live there as 1/2 of home owner or can he force me to sell right away?

Mark Scoblionko
Mark Scoblionko
answered on Aug 1, 2017

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... Read more »

2 Answers | Asked in Elder Law and Estate Planning for Pennsylvania on
Q: My sister has power of attorney regarding our mother's finances and has had herself added to mom's checking account.

Mom has assumed that she would do as asked and divide all money equally. It seems that this is not her intention. Mom has no will and has dementia. FYI, my mother's own money is used to pay her bills and expenses that come with her hospice care. My sister does put in more time because she... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Mar 7, 2017

Talk to an elderlaw attorney.

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1 Answer | Asked in Elder Law, Traffic Tickets and Gov & Administrative Law for Pennsylvania on
Q: What is the financial penalty for Section 1571 (a) (4)

My Father-in-Law is 90 yrs. old and has dementia. Back in 2014 he received a "Notice of the Recall of your Driving Privilege" He has not sent his license in and thinks he can still drive. What is the financial penalty or is there a financial penalty for not sending his drivers license in.

Brian Lehman
Brian Lehman
answered on Jan 24, 2017

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,...
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1 Answer | Asked in Elder Law and Real Estate Law for Pennsylvania on
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.

Would I be able to do this ? She said it would be considered income. I said not if money goes to her nursing home.

Peter N. Munsing
Peter N. Munsing
answered on Nov 11, 2016

Contact an elderlaw attorney. Is mom on MA I assume? then elderlaw attorney your best bet.

1 Answer | Asked in Estate Planning and Elder Law for Pennsylvania on
Q: How do I contest a will? And, how do I go about getting the POA's agents use of the principals money, investigated?

I may have proof of misuse of agents money & credit card. I have some e-reciepts that could prove it. Plus, I was in the previous will and I KNOW my mother was coerced into cutting me out of the new will. She was being taken advantage of by the principal. Mom had alzhiemers and was very... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Oct 10, 2016

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... Read more »

1 Answer | Asked in Estate Planning and Elder Law for Pennsylvania on
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
Peter N. Munsing
Peter N. Munsing
answered on Sep 29, 2016

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.

1 Answer | Asked in Family Law, Real Estate Law and Elder Law for Pennsylvania on
Q: Is it legal for a legal guardian of a person with dementia to sell her property even if she is still alive?

The person with dementia lives in a carehome. Her son who lives in the house that she owns was not paying the property tax for 3years, the tax bureau was ready to auction the house due to unpaid taxes. When the legal guardian found out about it, she immediately called the tax bureau and paid the... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Sep 18, 2016

Good question.Maybe son was expected to pay as "rent" on the property?

1 Answer | Asked in Estate Planning and Elder Law for Pennsylvania on
Q: My uncle has no will.

He does not own property but does have some money in the bank. I am on his bank accounts. Does the money automatically become mine if he passes?

Mark Scoblionko
Mark Scoblionko
answered on Jul 5, 2016

It will depend upon whether you simply have signing power or if the account is a joint account. If it is a joint account, the money will become yours. If it is not a joint account, an estate will clearly have to be opened, and you will need a lawyer. If you check with the bank, they will tell you... Read more »

1 Answer | Asked in Elder Law, Estate Planning and Family Law for Pennsylvania on
Q: What can I do to become executor when named executor moved out of state?

My mother named in her will my brother to be executor, durable power of attorney for her finances and healthcare/advanced directives. My brother announced in the second week of July he was moving out of state to build a new house and retire. My mother then tried to change her will and have me to... Read more »

Mark Scoblionko
Mark Scoblionko
answered on May 5, 2016

I am not sure what your question is. The fact that your brother is moving out-of-state does not prevent him from continuing to serve as Executor of the estate. If, however, your brother chooses not to continue to serve as Executor, a lawyer can prepare a simple form for him to renounce, i.e., to... Read more »

1 Answer | Asked in Elder Law, Family Law, Contracts and Estate Planning for Pennsylvania on
Q: What are my rights as a live in companion for my elderly grandmother who I take care of out of love?

Gramma gets railroad retirement benefits, my husband gets social security, and I have no income, though I do bring food stamps into the household as part of the two thirds of the food we contribute. She maintains the house, ie a new roof, her car repairs, etc. The utility bills are in her name,... Read more »

Mark Scoblionko
Mark Scoblionko
answered on May 5, 2016

It is not really clear what your question is--your "rights" as to what? Generally, without some type of contract, you would have no rights to anything. If your grandmother were to die without a Will, and if she has no living children, however, you, along with any other grandchildren,... Read more »

1 Answer | Asked in Elder Law, Family Law, Social Security and Workers' Compensation for Pennsylvania on
Q: My Mother in law and her husband reside in a senior housing community. He is now hospitalized and

will be admitted to a nursing home. They are both collecting S.S benefits and he has a workers comp settlement in a bank in both of their names. We need to know if she is entitled to half of that money from the workers comp and also part of his SS benefits to live on.

Timothy Belt
Timothy Belt
answered on Feb 27, 2016

If the money is in a joint account, it belongs to both of them regardless of the initial source of the money.

1 Answer | Asked in Elder Law for Pennsylvania on
Q: Is it too late to protect assets if I am already in a nursing home?

I am 94 years old. I have been in a nursing home for 2 months. I am widowed.

I have two children.

Adam Studnicki
Adam Studnicki
answered on Feb 6, 2016

Talk to an elder law or estate planning lawyer about your situation.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible...
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