Month: July 2024

Mary Cushing Doherty | July 31, 2024

Buying a House as an Unmarried Couple in Pennsylvania

In this blog, we'll explore important considerations including how to handle the house title, and the importance of hiring separate real estate lawyers or realtors. We’ll also delve into what happens if one partner already owns the house or if marriage comes into the picture after moving in.

House Title Considerations for Unmarried Couples

Deciding how to hold the home title to the property is a crucial when buying a house together. Unmarried couples buying a house must not assume their legal rights are similar to those of married couples. Failing to plan ahead will likely lead to unforeseen economic consequences. Pennsylvania law allows specific options for title to real estate owned by an unmarried couples:

  1. Joint Tenancy with Right of Survivorship: This form of co-ownership grants equal shares to both partners, and if one partner passes away, the total ownership automatically passes to the surviving owner without going through probate. Therefore the couple should be aware that the survivor will retain full value and ownership. The heirs of the deceased owner cannot successfully gain a share of the value.
  2. Tenants in Common: With this title, each partner can hold a specific percentage of ownership, which may or may not reflect their respective financial contributions. In the event of one partner's death, their percentage share will pass to their heirs or beneficiaries as directed by their will or Pennsylvania probate & estate laws. When the co-owners sell the property, if they have a disagreement, the proceeds will be divided by the percentage regardless of certain excess contributions.
  3. Co-ownership Agreement: Drafting a co-ownership agreement is highly advisable, as it can clarify each partner's rights and responsibilities related to the property, including financial contributions and a clear plan for financial true-up (the process of correcting estimated or inaccurate amounts with actual up-to-date figures) and departure in the event of a breakup. This should be a detailed document tailored to the distinct expectations of each owner. By planning in advance, there is less likelihood of disputes later.

Separate Advisors to Protect Individual Interests

To protect each person's interests, it is wise for unmarried couples to consider hiring separate real estate lawyers. While it may seem convenient to use one legal advisor or realtor to buy the home, having independent advice ensures that each person's interests are adequately safeguarded.

Separate real estate lawyers can provide unbiased advice and negotiation strategies, reducing the potential for conflicts and misunderstandings between partners. If separate realtors are consulted a realtor may not be well versed in the legal consequences of the type of ownership selected.

One Partner Already Owns a House and the Other Moves In

If a person already owns a house and a partner moves in, there are a few considerations to keep in mind. Seeking counsel from a family lawyer is strongly advised.

Cohabitation Agreement: Creating a cohabitation agreement is a practical tool in this scenario. This document can outline the expectations and contributions of both partners during the period of cohabitation. The couple should discuss and agree on how expenses, such as mortgage payments, taxes, utilities, and maintenance costs, will be handled during the period of cohabitation.

If they each have personal property, they can address consequences in case of a breakup. The cohabitant- should be aware if there is no expectation of acquiring an interest in the real estate.

Getting Married After Moving Into the House

If a couple decides to get married after moving into the house, they should get advice before signing a new deed transferring a separately owned house to joint names. This will change ownership from pre-marital to marital property. This will impact how the property is divided in the event of a divorce. If they had a joint property before marriage, they should get advice about updating the ownership or their co-ownership agreement.
To address this situation, consider the following:

a. Prenuptial Agreement: Couples can create a prenuptial agreement to enter marriage based on communication and planning jointly for success. This legal document can specify how the property will be divided in the event of all future events such as sale, disability, death, divorce, to protect the interests of each person as well as other potential heirs.

b. Update Home Title and Ownership: After marriage, you may choose to update the title to reflect the change in circumstances and ownership as noted above. Advice about the consequences will avoid misunderstanding.

Consult with a family attorney to consider your best options

Buying a house together as an unmarried couple in Pennsylvania is an exciting venture, but it comes with its own set of considerations and potential conflicts. Many couples know that a married couple may ask for equitable distribution of the value of jointly owned property if they decide to split up. This will not apply to the unmarried couple.

By carefully deciding on the title, considering separate lawyers or realtors for each partner, and addressing scenarios like one partner already owning a house or getting married after moving in, you can lay a solid foundation for a successful homeownership journey.
To navigate these complexities and protect your individual interests, it is important to consult with an experienced family attorney familiar with real estate and consequences if the couple separates. The legal advisor can guide you through the legal aspects and tailor solutions that best suit your unique circumstances.

Our law firm has offices in Doylestown, Norristown, and Wayne, PA. We have the experience to help you with familial real estate concerns.

Gilbert High, Jr. | July 30, 2024

Pennsylvania Tree Laws

Below is a primer on the municipal laws regarding trees along property lines and public rights of way in Pennsylvania municipalities.

download an read our article to answer all of your questions about pennsylvania tree laws

 

Click here to download and print this 2-page article

Pennsylvanians need to understand their rights and liabilities concerning hazard trees and property line laws. With the rapid infestation of invasive tree pests like the Spotted Lanternfly and the effects of dangerous weather in Pennsylvania, many residents are being forced to ask about dead or dying tree laws along property lines and public right-of-ways.

If your Neighbor’s tree along your property line is a hazard

If the hazard tree is along your property line, but is considered to be the neighbor’s tree, notify them immediately and request they remove it. If they refuse to do so, you can hire an arborist to remove the portion of the tree that overhangs your property. You can then require your neighbor to reimburse you for the cost. If all or any portion of a hazard tree falls on your property, and your neighbor was aware of or should have known that it was dangerous, your neighbor is responsible for any damage that you suffered, including your cost of removal.

If your Neighbor’s tree along your property line is not shown to be a hazard

If your neighbor’s tree falls onto your property and is not shown to have been a hazard, the neighbor will not be deemed negligent. Not only must you clean up your neighbor’s healthy but fallen tree, but you have to give your neighbor the opportunity to claim their wood! If your neighbor’s property line tree falls onto your property, call an arborist to inspect the tree and advise if it was defective and if the neighbor should have been aware of its condition.

Can I cut overhanging branches from my neighbor's tree?
OR
Can my neighbor cut overhanging branches from my tree?

The owner of a tree can cut it down or trim its branches without the permission of their neighbor at anytime, but they are also solely responsible for any damage that the tree causes to their neighbor's property. This even applies to cases where the property owner's tree roots are causing damage to a neighbor's property.

In the 1990s, the Commonwealth court ruled that overhanging branches AND the roots are considered a trespass, and the neighbor whose property is being trespassed upon can remove the overhanging branches or roots. They can then sue the owner of the tree for the cost of removing the branches or roots. 

If the dead or dying tree is directly on the property line

In this case, you jointly own the tree with your neighbor and you are empowered to both share the cost of the tree’s removal.

If the dead or dying tree is within a public right of way

Even if your town has maintained a tree over the years, don’t expect the municipality to pay for its removal. Although PA municipalities control the use of streets, including trees growing within the street’s limits, the municipality has the right to impose the cost of tree removal on abutting property owners. If your local municipality chooses not to bill you, that is their option. Even if they have done so in the past, don’t expect municipalities to continue to front the bill. In the face of the extraordinary cost of removal and the scope of current and future tree blight numbers, deferment is probable.

emerald ash borer destruction of pennsylvania tree
Emerald Ash Borer larvae cause destruction under the bark of Pennsylvania Ash Trees.

To remove any public right of way tree, you’ll need permission from the municipality

It’s essential to remember that local government controls trees in the public right of way and is responsible if they fail to remove a hazard tree after notice. The property owner should notify the municipality of the hazard tree and ask that it be removed. Keep a copy of that notice for future records.

Schedule to have the hazardous tree taken down immediately

Homeowners experiencing dead or dying trees proximate to buildings, driveways, patios, sidewalks, and streets do not have the luxury of removing that tree at a future date. A dead tree can quickly become brittle and fall from its own weight in as little as 18 months from the point of infection. Ash trees affected by the Emerald Ash Borer will die from the top down. If you suddenly find that your ash tree is largely dead, the probability is that it has been dying for a long time when you didn’t notice. And if the tree is largely dead, you will likely not find an arborist willing to climb the tree to take it down. They will want to do the work safely with the use of a crane, which could significantly increase the cost of the tree’s removal.

Educate yourself regarding trees on your property, their health and hazards

Whether you are aware of it or not, a significant portion of Pennsylvania trees are currently under attack. The Emerald Ash Borer is a pest from Asia that has taken control of Ash trees in 35 states. It is killing them at such a remarkable rate that virtually none of the 8.7 billion ash trees in North America are expected to survive in the next five years. Cutting down infected trees in ineffective because the borers have a flying range of up to 20 miles. While the ecological threat to our nation’s forests is momentous, the financial impact on property owners residing within urban communities is potentially enormous. Ash trees can be gigantic, and the cost to remove them likewise.

spotted lanternfly on trees in pa
Spotted Lanternflies are easy to spot, no pun intended. Along with their spots and bright red accents, SLFs are planthoppers, which means they fly for short distances, which can look like hopping.

The Spotted Lanternfly is also causing many Pa residents to be concerned about hardwood and property line fruit trees. The SLF is an invasive insect discovered in Berks County of Southeastern Pennsylvania in 2014 and originates from Southeast Asia. Spotted lanternflies are not as selective as EABs regarding the trees they attack. Their preferred host is the “Tree of Heaven” or ailanthus but they are also reported to attack apple, Plum, cherry, peach, apricot, pine trees, even grape vines and hops. The economic impact could be enormous on the regions fruit, beer and wine industries. And because the Spotted Lanternfly lays its eggs on any surface including cars and trailers, a rapid outbreak is expected.

Be Preemptive regarding listed host trees

The Penn State Extension has an updated list of reported species and plants these pests prefer. It may be in your best interest to remove any listed trees, especially ash trees or trees of heaven, along any property line or area that could be seen as dangerous.

 

Don't see your answer here? Read Who's Responsible for That Tree?

 

If you have more questions, please contact us to schedule a consultation with Gilbert High Jr.

High Swartz | July 22, 2024

Child Support Guidelines in PA

Child Support Guidelines in PA – What Parents Should Know

Understanding child support guidelines in PA can be daunting for many parents. However, knowing your responsibilities and rights is crucial for ensuring your child's well-being. We'll help demystify those guidelines, highlighting key aspects that every parent should know.

Our family lawyers work with divorced and separated parents in Bucks, Delaware, and Montgomery County, PA. So we can provide critical insights to reduce your concerns about child support.

What Is Child Support?

PA courts impose support to ensure it meets the child's basic needs. Those needs include:

  • Housing: Ensuring a safe and stable living environment.
  • Food: Providing for nutritional needs.
  • Clothing: Covering the costs of essential clothing items.
  • Education: Including school fees, books, and other materials.
  • Healthcare: Paying for medical, dental, and vision care.

The primary goal is to ensure that a child receives the same financial support they would have enjoyed if their parents were still together.

Parental Responsibilities for Child Support in PA

Both parents have a legal obligation to support their child financially. In addition, that responsibility remains even if one parent has limited visitation rights or no custody. Custody includes two categories:

  • Custodial Parent: The parent with whom the child primarily resides and who typically receives support payments. The custodial parent manages the child's daily expenses, including housing, food, and necessities. Additionally, they ensure payments benefit the child.
  • Non-Custodial Parent: The parent without primary custody is usually responsible for making child support payments. Moreover, they may also be accountable for additional childcare expenses such as medical and extracurricular activities.

Pennsylvania uses the terms "primary physical custody" and "partial physical custody" or "shared physical custody" to describe custody arrangements.

Enforcement of Child Support Guidelines in PA

Child support guidelines in PA mandate that parents fulfill their financial obligations toward a minor child under 18. However, parents may sometimes be liable for supporting their children 18 or older. For example, support may continue for a child who is 18 and still attending high school.

However, unless the parents agree, there are no general provisions for extending support obligations for college expenses.

Enforcement includes wage garnishment and tax refund interception to ensure ongoing support for the child. The Bureau of Child Support (BCSE), administered by the Department of Human Services, collects court-ordered support.

Pennsylvania support guidelines punish parents who don't fulfill their child's obligations:

  • Owing more than three months of child support.
  • Failing to stick to a child custody order.
  • Failing to follow a partial custody order.
  • Failing to follow warrants or subpoenas with a child support case in Pennsylvania.

Penalties for Neglecting Support Obligations

Failing to pay child support when due can lead to a judgment after 30 days. Moreover, if a separated or divorced parent doesn't pay, PA courts can hold them in contempt. Civil contempt can result in a jail term of up to six months, a fine of up to $500, or probation for up to six months.

Other potential enforcement options include:

  • Seizure of bank accounts
  • Seizure of federal and state tax refunds
  • Suspension of driver's or other licenses
  • Liens against any real property that you own
  • Credit bureau reporting
  • Publication of your name in the newspaper as a delinquent parent

Pennsylvania Child Support Guidelines

Understanding how Pennsylvania calculates support is essential for both custodial and non-custodial parents. The Commonwealth uses specific guidelines to ensure fair and adequate payments.

Here's a look at the factors and processes involved in calculating child support in Pennsylvania.

  1. Combined Monthly Net Income: The guidelines start with both parents' combined net monthly income, including all income sources minus specific deductions like taxes and mandatory union dues.
  2. Primary Child Support Obligation: The schedule lists the primary support obligation based on the parent's combined net income and the number of children. Additionally, it includes the cost of raising children at various income levels.
  3. Proportional Share of Income: Each parent's amount of support is proportional to their share of the combined net income. For instance, if one parent earns 60% of the combined income, they will be responsible for 60% of the primary obligation.

Deviation from Child Support Guidelines

Sometimes, the court may deviate from the guideline at its discretion. However, it requires a justifiable reason, like significant income disparity or extraordinary expenses for the child. Other factors can include:

  • The standard of living the child would have enjoyed if the parents were still together
  • The child's unique needs or extraordinary expenses
  • Other factors that the court considers necessary to ensure the child's best interests

Adjustments to the Basic Child Support Obligation

Several factors can adjust the support obligation, ensuring the amount is fair and reflects the child's needs.

Custody Arrangements

Each parent's time with the child can impact the calculation. For example, Pennsylvania uses a custody adjustment formula to account for each parent's time with the child. So, if a child spends 40% or more time with a noncustodial parent, their payment may be reduced.

Even with a 50/50 custody arrangement, courts may require support, which can occur with a significant difference in the parties' incomes.

Additional Expenses

The court may include other expenses in the child support order, such as:

  • Childcare Costs: Necessary expenses for work-related childcare.
  • Healthcare Expenses: Unreimbursed medical costs, including insurance premiums, copayments, and deductibles.
  • Educational Expenses: Costs related to the child's education, such as tuition, books, and supplies.
  • Extracurricular Activities: Costs for sports, music lessons, and other activities that contribute to the child's development.

Special Needs

The court may adjust the support amount to cover costs if the child has special needs or extraordinary expenses. Examples include ongoing medical care or special education.

New 2024 Laws Impacting Child Support in PA

Starting in 2024, Pennsylvania implemented some new laws impacting child support guidelines. These laws aim to make the process more transparent and fair. Key changes include:

  • Adjustments to Income Calculations: Ensuring a more accurate reflection of each parent's financial situation.
  • Guidelines for Shared Custody: The updated guidelines clarify shared custody arrangements.
  • Enhanced Enforcement: Courts can impose stricter penalties for non-payment and more efficient processes for tracking and collecting overdue payments.
  • Clean Slate Law: Courts will seal more criminal records. As a result, that could impact child support cases in which criminal history was a factor.
  • Enhanced Property Tax/Rent Rebate Program: This expansion benefits low-income families, potentially easing financial pressures that can affect child support obligations.

The Role of a Family Lawyer for Child Support in PA

Navigating child support guidelines in PA can be complex. However, a family lawyer can help you understand your legal rights and obligations regarding child support. They can clarify laws and ensure that you comply with court orders. Moreover, legal advice can also help you navigate complex situations, such as changes in custody or income.

Consider consulting an experienced family law attorney for these reasons:

  • Understanding your rights and obligations
  • Filing for child support
  • Modifying existing child support orders
  • Enforcing child support payments
  • Uncertain about the child support calculation
  • Facing difficulties in receiving or making payments

Family Lawyers in Bucks, Delaware, and Montgomery County, PA

Understanding child support guidelines in PA is essential for both custodial and non-custodial parents. So get the necessary guidance you need by consulting with our family lawyers. Our law firm has offices in Doylestown, Norristown, and Wayne, PA. We have the experience to help you with child support and numerous other family law concerns.

 

High Swartz | July 19, 2024

High Swartz and Montgomery Bar Unveil Centennial Prowl Jaguar Statue to Celebrate Elmwood Park Zoo

In celebration of Elmwood Park Zoo's 100th anniversary in 2024, businesses in Montgomery County teamed up with local artists to create one-of-a-kind jaguar sculptures for the Zoo's Centennial Prowl.

High Swartz LLP collaborated with local fine artist Katie Waters to create a unique jaguar statue, which has been placed in the Montgomery Bar Association's courtyard at 100 West Airy Street in Norristown.

The jaguar features High Swartz's signature blue ascending into a night sky filled with fireworks. The statue and its base were unveiled in the courtyard on July 18 by Al Zone, CEO of the zoo, Jennifer Conti, the zoo's development director, Denise Vicario, executive director at the bar, Hon. Carolyn T. Carluccio, President Judge, and Tom Gabor, Director of Marketing at High Swartz LLP.

The thought process behind the jaguar was simple. "With Elmwood Park Zoo's centennial, they join a select group of Montgomery County businesses that have reached the 100-year mark. With High Swartz being one of the oldest law firms in the area, it was only fitting to welcome the Zoo to the centennial club," said Tom Gabor.

high swartz unveils jaguar at montgomery bar association to celebreate elmwood park zoo centennial prowl

Other jaguar locations include the Horsham Library, Centennial Park & Jeffersonville Golf Club in West Norriton Township, Hickory Veterinary and Specialty Hospital, Valley Forge Casino, Royersford Library, Boys and Girls Club of Ambler, Norristown Borough Municipal Building, Temple University Ambler Campus, and the Plymouth Township Municipal Building.

After the Prowl, the jaguars will then be on display along the Schuylkill River Trail, which will be accessible via the zoo's planned expansion.

Special thanks go out to Denise Vicario and Jim Mathias at the Montgomery Bar for their involvement.

high swartz unveils jaguar at montgomery bar association to celebreate elmwood park zoo centennial prowl

High Swartz | July 17, 2024

Divorce Process in Pennsylania

Divorce Process - Essential Legal Steps in Pennsylvania

Divorce can be one of the most challenging experiences you can face. First, you must contend with the emotionally draining elements. Second, you must often deal with the legal aspects of the divorce process. Understanding that process will help you make the best decisions for yourself and your family.

The proceedings start by hiring a lawyer. Equally important, you'll want to hire a divorce attorney familiar with Pennsylvania laws. Our divorce lawyers support Bucks, Delaware, and Montgomery County, PA couples. So, you'll get effective legal representation for your divorce case.

Start by Reviewing Your Options

Before diving into the legalities, take some time to reflect on your decision. Divorce is a significant step, and it’s essential to be sure it’s the right choice for you. Consider counseling to see if you can repair your relationship.

You can also pursue divorce mediation for a faster, less costly, and less contentious divorce. The collaborative process gives couples control over the outcome, and the mediator is a neutral, third-party professional.

They aim to keep spouses focused on a fair outcome, not battling over past resentments. Equally, they look to reduce the stress and trauma of the divorce process.

Talk with a Divorce Lawyer Near You

If neither counseling nor mediation makes sense, your first legal step is consulting a divorce lawyer near you who is well-versed in your counties family laws. A lawyer can provide you with legal advice tailored to your specific situation. In addition, they will help you understand your rights, the divorce process, and what to expect.

You can review divorce procedures presented by Pennsylvania Courts for more insights into the process.

Gathering Important Documents to Support the Divorce Process

One of the first things your lawyer will advise you to do is gather all relevant financial records. That includes:

  • Bank statements
  • Tax returns
  • Pay stubs
  • Mortgage documents
  • Loans
  • Credit cards

Having these documents will help in the division of assets and liabilities.

You’ll also need to gather personal documents, such as marriage certificates, children's birth certificates, and any pre- or postnuptial agreements. These documents are essential for legal proceedings.

Filing for Divorce

When filing for divorce in Pennsylvania, you must state the grounds for the divorce. You can file for no-fault divorce under mutual consent or irretrievable breakdown. Both parties agree and file affidavits of consent for mutual consent, and the court can grant the divorce after a 90-day waiting period. For irretrievable breakdown, if one spouse does not consent, the other can file for divorce after living separately for one year.

Alternatively, you can file for a fault divorce. Grounds include adultery, cruelty, abandonment (for at least one year), imprisonment (for two or more years), bigamy, and indignities (behavior rendering life burdensome).

Based on your situation and Pennsylvania law, your divorce lawyer will help you decide which grounds to file under.

Serving Divorce Papers in the Divorce Process

Once you’ve filed for divorce, the next step is serving the divorce papers to your spouse. This formal process informs your spouse about the divorce proceedings. Your lawyer will guide you through this process to ensure compliance with Pennsylvania law.

Temporary Orders and Special Relief

If you have children, you may need to seek temporary orders for child custody and support. These orders establish where the children will live and the amount of financial support during the divorce process.

You may also need to request temporary spousal support or alimony pendente lite (APL), covering financial support provided to one spouse by the other during the divorce process. Temporary orders can also include exclusive possession of the marital home if there are urgent circumstances.

Your divorce lawyer will help you determine if you qualify for spousal support and how to request it.

Child Custody and Support

Child custody arrangements in Pennsylvania are determined based on the child's best interests. The court considers various factors, including the child's needs, each parent's ability to provide for those needs, and the child's relationship with each parent.

Child support is calculated using the state's guidelines, considering parents' incomes and the time each parent spends with the child. Your divorce lawyer will help you navigate these calculations to ensure a fair support arrangement.

Negotiating a Settlement

One of the most critical aspects of divorce is the division of assets and liabilities. Pennsylvania follows equitable distribution, meaning assets and debts are divided fairly but not necessarily equally.

The court considers factors like the length of the marriage, each party's income and earning capacity, and contributions to marital property. Non-marital property, like inheritances and gifts to one spouse, usually remains with that spouse unless commingled with marital assets.

Your divorce lawyer will help you negotiate a fair settlement that protects your interests.

With children involved, negotiating child support, custody, and visitation arrangements will be a significant part of the divorce process. You must focus on what’s best for them and work towards an agreement supporting their well-being.

In many cases, couples can benefit from divorce mediation. As mentioned, mediation involves a neutral third party who helps both spouses reach an agreement on various issues. Best of all, the process is often less adversarial and more cost-effective than going to court when resolving disputes.

The Final Steps in the Divorce Process

Without a settlement, you may need to go to court for a judge to decide on the unresolved issues. Your divorce lawyer will represent you in court and advocate for your interests.

Once all issues are resolved, the court will issue a final divorce judgment. This document legally ends your marriage. Additionally, it outlines the divorce terms, including the division of assets, child custody arrangements, and any support payments.

Post-Divorce Considerations

After the divorce is finalized, updating your legal documents is essential. That might include changing your will and updating beneficiary information on insurance policies.

You must establish a co-parenting arrangement with your ex-spouse if you have children. Effective co-parenting is crucial for the well-being of your children and helps ensure a smooth transition to post-divorce life.

Protection from Abuse (PFA) Orders

If domestic violence is an issue, you can seek a Protection from Abuse (PFA) order. A PFA can provide various protections, including removing the abuser from the home and granting temporary custody of children. Your lawyer can guide you through obtaining a PFA and ensure your safety during the divorce process.

Seeking Support During the Divorce Process

Divorce can be emotionally challenging, and it’s essential to seek support from friends, family, or a therapist. Emotional support, for example, can help you navigate the complex emotions of divorce and aid in healing.

Even after the divorce is finalized, you may need ongoing legal support. Support could involve modifying child custody arrangements, enforcing support payments, or addressing legal issues. Staying in contact with your divorce lawyer can help ensure you continue protecting your interests.

Divorce Lawyers in Bucks, Delaware, and Montgomery County, PA

Considering divorce is never easy, but understanding the legal steps can help you navigate the divorce process more effectively. Our divorce lawyers can protect your interests and work towards a smoother transition.

We have law offices in Doylestown, Norristown, and Wayne, PA. Contact our divorce attorneys to help guide you through this trying time.

High Swartz | July 16, 2024

Protection Order in PA

Protection Order in PA: A Comprehensive Guide

Domestic violence is a pervasive issue that affects millions of people worldwide. It encompasses various forms of abuse and can have severe physical, emotional, and psychological consequences on victims. Fortunately, you can seek a protection order in PA.

To protect individuals suffering from abuse, Pennsylvania passed several laws, including the Protection from Abuse Act (PFA) in 1990.

The Act provides a procedure for obtaining a protection order in PA for those seeking protection from domestic violence. Talk to a PFA lawyer near you if you're a victim of domestic violence.

What Constitutes Domestic Violence?

Let's start by defining acts considered domestic violence. They include any abusive behaviors and actions that occur within the context of an intimate or familial relationship. That violence needn't be only physical or fear of bodily injury. It can also include emotional, psychological, sexual, and financial abuse.

Here are some everyday acts and behaviors that represent domestic violence:

Physical Abuse

Physical abuse involves any harm or force directed at a family member or intimate partner. Acts can include hitting, slapping, pushing, kicking, choking, or using weapons.

Emotional or Psychological Abuse

These actions aim to control or manipulate the victim's emotions, thoughts, or behavior. Examples include verbal insults, threats, isolation, and constant criticism.

Sexual Abuse

Physical or sexual abuse within an intimate relationship includes any non-consensual activity, coercion, or manipulation. It can involve rape, sexual assault, or forced participation in sexual acts.

Financial Abuse

Financial abuse occurs when one partner controls or exploits the other person's financial resources. Actions can include limiting access to money, preventing employment or education, or stealing money or property.

Stalking

Harassing or stalking involves unwanted and obsessive attention or monitoring of the victim's activities. These activities can occur in person, online, or through other means.

Threats and Intimidation

Threatening behavior and intimidation are forms of abuse that create fear and a sense of insecurity. Act may include threats of violence, harm to loved ones, or destruction of property.

Child Abuse

Exposing children to abusive acts is also domestic violence and subject to a protection order in PA. The law considers directing abusive behavior toward them as domestic violence.

Coercive Control

Coercive control is a pattern of behaviors aimed at gaining power and control over the victim. It involves a combination of tactics such as isolation, manipulation, intimidation, and surveillance.

Cyberbullying

Technology offers another source for domestic abuse. For example, using social media, email, or text messages to harass, threaten, or intimidate a partner or family member.

Any of these abuse forms provides the framework for protecting from abuse orders. Again, contacting law enforcement officials or a family lawyer would be best. They can help file a petition for an abuse order.

Common Questions About a Protection Order in PA

Here are some of the most common questions about protection orders.

Is domestic violence a felony?

Domestic violence encompasses a range of criminal charges, some classified as felonies. The severity of charges depends on the specific acts committed, the state's laws, and the evidence available. Common felony charges related to domestic violence include aggravated assault, strangulation, and certain sexual offenses. If charged, consult a family lawyer to understand your jurisdiction's specific charges and penalties.

Is verbal abuse domestic violence?

Yes, verbal abuse is a form of domestic violence. Many people view domestic violence as physical abuse. However, it can include emotional, psychological, and verbal abuse as well. Like physical abuse, these other forms can have profound and lasting effects on victims.

What is a Protection Order in PA?

In Pennsylvania, a protection order serves a similar purpose to a restraining order in other states. A PFA is a court order that aims to protect victims of domestic violence or abuse. It typically orders the abuser to stay away from the victim, their home, workplace, and children. It may include other provisions to ensure the victim's safety.

How do you file a protection order in PA?

To file a PFA in the Commonwealth, you can generally follow these steps:

  1. Visit your local courthouse or visit their website to obtain the necessary PFA forms. You can also talk with a PFA lawyer.
  2. Complete the forms accurately, providing detailed information about the abuse and the abuser.
  3. File the forms with the court clerk and request a PFA hearing date for a temporary order.
  4. Attend the hearing, where you'll present your case to the judge.
  5. If the judge grants a temporary protection order, it will serve it to the abuser. The court will schedule a final PFA hearing.
  6. Attend the final hearing, where both parties present their cases, and the judge decides on a final order.

Consulting with a family or PFA lawyer can be helpful during this process.

What happens after the court issues a protection order in PA?

After issuing a protection order in PA, the court typically orders the abuser to stay away from the victim. The order may require staying away from the victim's home, workplace, school, and other places they frequent. The court may also grant temporary custody of children to the victim. It can also establish visitation or custody arrangements for the abuser, ensuring the safety of the children.

What happens to children, if any?

When courts issue a protection order in PA, they may address child custody and visitation arrangements. Their goal is to ensure the safety and well-being of the children involved. The court may grant temporary custody to the victim and specify visitation rights for the abuser.

What protection does a PFA afford?

A PFA in Pennsylvania typically offers various forms of protection to the victim, including but not limited to:

  • Ordering the abuser to stay away from the victim, their residence, workplace, and other specified locations.
  • Prohibiting contact, including phone calls, texts, emails, or social media communication.
  • Establishing temporary custody or visitation arrangements for children, ensuring their safety.
  • Requiring the abuser to surrender firearms and ammunition if they possess any.
  • Granting any other relief the court deems necessary to protect the victim from abuse or harm.

How long does a protection order in PA last?

The duration of a PFA order can vary depending on the circumstances and the court's decision. In Pennsylvania, protection orders are initially temporary, typically lasting up to 10 business days. However, courts can issue a final PFA after a hearing, lasting up to three years.

What if my abuser violates the PFA?

If your abuser violates the protection order, take immediate action to protect yourself. Inform law enforcement of your PFA lawyer about the violation. They can help you take any of the following steps:

  1. Document the Violation: Record any evidence of the violation. That includes photographs, text messages, voicemails, or emails that demonstrate the abuser's non-compliance with the order. This documentation can be valuable in court.
  2. Seek Legal Advice: Contact your family lawyer or legal aid organization specializing in domestic violence cases. They can guide you on how to proceed legally and help you navigate the legal process.
  3. Safety Planning: Develop a safety plan with a domestic violence counselor or advocate. The plan may include changing locks, installing security systems, or temporarily staying with a trusted friend or family member.
  4. Notify the Court: Report the violation to the court that issued the PFA order. Provide them with details of the breach and any evidence you have gathered. The court may schedule a hearing to address the violation and potentially modify the order.
  5. Consider Additional Protective Measures: Depending on your safety concerns, you may wish to explore additional protective measures. You can ask for changes to the PFA order, get a new order, or take legal action against the abuser.

Does a protection order in PA show up in background checks?

PFA orders can appear on background checks, especially if they are final orders and not sealed or expunged. When someone undergoes a background check, it may present a PFA order. That may impact employment, housing, or legal matters.

Seeking a Protection Order in PA?

Contact our law offices if you need a Bucks County PFA or Montgomery County PFA. Our family or PFA lawyers can provide guidance. They can petition for a protection order to keep you safe from domestic violence.

We have offices in Norristown and Doylestown. Call today.

High Swartz | July 16, 2024

Enforcing Business Contracts in PA

Enforcing Business Contracts in Pennsylvania

Business contracts are fundamental to your operations, ensuring agreements between parties are clear and enforceable. Unfortunately, disputes are inevitable in doing business, even with seemingly rock-solid agreements.

Contract enforcement is crucial to maintaining healthy business relationships and avoiding legal disputes when those issues arise.

Enforcement ensures the parties honor the deal's terms and conditions. When one party fails to fulfill their obligations, the other party can seek legal action to enforce the terms. This process can involve negotiating a resolution, mediating disputes, or pursuing business litigation.

The more precise your terms and conditions are, the fewer chances you have of issues. Nonetheless, there's no guarantee. So, how do you go about enforcing a business contract in Pennsylvania?

Enforceable Business Contracts and Governing Laws

Let's start with the fact that contract laws enforce some, but not all, business agreements. Enforceable contracts include those that are:

  • Written: A legally binding agreement between two or more parties outlining each party's rights, responsibilities, and obligations. When parties sign a written contract, they agree to act per the document's terms.
  • Oral: An agreement between two or more parties through spoken communication, but not written and signed. The parties can create such an agreement in person, on the phone, or spoken.
  • Implied: A legally binding agreement created by the actions, behavior, or circumstances of the parties involved without written proof.

The Pennsylvania Uniform Commercial Code (UCC) and Title 13 govern business transactions involving the sale of goods. Other business agreements are subject to Pennsylvania statutes, common law, and private law.

Moreover, PA includes a four-year statute of limitations for most breach of contract issues.

Unenforceable Business Contracts

As mentioned, certain business agreements may not be enforceable under the law. They include the following:

  • Illegal: Agreements involving illegal activities.
  • Minors: Generally unenforceable unless they include necessities.
  • Unconscionable: Grossly unfair Agreements.
  • Lacking Mutual Consent or Consideration: Agreements without a clear mutual understanding or valid value exchange.

Each of these provides a valid defense should a dispute arise.

What Makes a Contract Legally Binding?

The agreement must have the necessary elements and follow state laws such as the UCC to be legally binding.

In Pennsylvania, agreements can be written, oral, or implied. As mentioned, the law enforces oral or implied contracts. However, written contracts provide clear evidence of the agreement's terms, making them preferable. The adage states, "Make sure you get it in writing."

What are the Essential Elements of a Business Contract?

A contract requires several legal requirements to be valid and enforceable:

  • Consideration: The parties must exchange something of value. Without such an exchange, there is no agreement.
  • Offer and Acceptance: One party must make an offer, and the other must accept it.
  • Mutual Consent: Both parties agree to the terms without coercion. Contract law often refers to this condition as a "meeting of the minds."
  • Competence: The parties must have the legal capacity to agree.
  • Legal Purpose: The agreement's subject matter must be legal and not against public policy. For example, you might enter into a contract to have a party kill someone. Fortunately, the law won't enforce the agreement.

A business contract may be voidable even with these essentials in place for a legally binding contract. For instance, courts can void the contract if a party can prove a lack of consideration.

How Can You Enforce a Business Contract in PA?

Your first step is to ensure your agreement is legally binding by addressing the above considerations.

As a small business owner, it pays to involve a contract lawyer with your most critical agreements. They can ensure you cover all the essentials in the contract terms, identify potential concerns, and include clauses to address them.

The same holds before signing a contract. A contract attorney can identify potential concerns to protect your interests.

As mentioned, even the most clearly drafted agreement can lead to a dispute. If that happens, you can take steps before moving to business litigation.

Here are some options for enforcing a business contract.

Negotiation

You can attempt to resolve disputes directly, aiming for a mutually agreeable solution.

Alternative Dispute Resolution

Alternative dispute resolution (ADR) provides various options for handling business conflicts. Most importantly, it does so without using the court system.

ADR programs such as arbitration and mediation excel at getting flexible and cost-effective results. Equally important, they help retain business relationships.

Business Litigation

Preferably a last resort, you can file a lawsuit where a judge will determine the outcome. You'll want to work with an experienced business litigation attorney.

Legal Remedies for Business Contract Disputes

When moving to litigation, several legal remedies are available to enforce the agreement or compensate for losses.

Compensatory Damages

The most common remedy for a contract breach is compensatory damages. Typically, damages cover direct losses and costs incurred from the violation.

Specific Performance

Specific performance is a legal remedy that compels the breaching party to fulfill its obligations under the agreement. This remedy is used when monetary damages are insufficient to address the harm caused by the breach.

Rescission and Restitution

Rescission allows the non-breaching party to cancel the agreement and revert to its state before the agreement. Restitution may require the breaching party to return any benefit it received from the business contract.

Punitive Damages

Courts may award punitive damages to punish a party for egregious behavior. However, punitive damages are rare in business contract disputes.

Liquidated Damages

A liquidated damages clause specifies a predetermined amount of money a party must pay in case of a breach. This amount is usually an estimate of potential losses in case of a violation.

Common Defenses for Breach of Contract

You've seen some means for enforcing an agreement. But what about voiding one? These are some potential defenses when facing a breach lawsuit:

  • Fraud: Misrepresentation or deceit by one party.
  • Duress: Forcing someone to agree by threat.
  • Mistake: A mutual misunderstanding of a fundamental fact.
  • Lack of Capacity: One party lacks the legal ability to enter into the commitment.
  • Public Policy: Agreements that violate public policy or involve illegal activities are unenforceable.
  • Force Majeure: Unforeseeable circumstances that prevent someone from fulfilling the contract.
  • Unconscionability: Arrangements grossly unfair to one party and therefore unenforceable.

Again, the statute of limitations for contract enforcement in PA is typically four years.

Experienced Contract Attorneys That Focus on Results

Understanding and enforcing contracts is vital for Pennsylvania business owners. Well-drafted agreements protect your interests and provide a clear framework for resolving disputes.

Our contract attorneys serve small and large business clients locally in Bucks, Delaware, and Montgomery Counties. However, they also support companies in the greater Philadelphia area and nationally.

Don't let contract concerns impact your business. Our attorneys have the experience to protect you whether you are enforcing or defending against a business contract.

High Swartz | July 16, 2024

Cease and Desist Letters

Cease and Desist Letter - A Guide for Business Owners

You've likely heard the term cease and desist. Maybe you've even received a cease and desist letter or considered sending one. But how compelling is it? Is it legally enforceable?

Although not legally binding, a cease and desist letter has legal power. Here's what you need to know.

KEY TAKEAWAYS

  • A cease and desist order has legal power and sets the stage for business litigation.
  • Various parties, including business owners, individuals, attorneys, etc., can draft and send a cease letter.
  • The letter informs the recipient of an alleged violation and demands that the violation stop.
  • Common grounds include trademark or copyright infringements, harassment, defamation, breach of contract, or unfair competition violations.
  • A cease letter can be a cost-effective and efficient alternative to costly litigation.

What is a Cease and Desist Notice?

A cease and desist letter can protect business interests and legal rights. It is a formal request to stop (cease) and refrain from (desist) acting in certain harmful or illegal activities.

The letter intends to notify the offending party that their actions infringe upon the sender's rights. It allows for resolving the issue without moving to formal legal proceedings.

The letter generally includes an apparent demand, the legal basis for the demand, and a compliance deadline. In essence, a cease letter is a dispute-resolution tool. It aims to prevent further harm and avoid costly and time-consuming litigation.

Is a Cease Letter a Scare Tactic?

Sometimes, a business will send a cease to scare other companies to avoid legal trouble. You view the letter as a scare tactic in these scenarios:

  1. Aggressive Language: Threatening or intimidating language may be an attempt to scare you into compliance.
  2. Baseless Claims: Some cease letters may use unfounded or exaggerated claims to bully the recipient into stopping lawful behavior.
  3. Intimidation: People often send cease letters to suppress competition or free speech as a means of intimidation.

A cease and desist letter is not inherently a scare tactic. It depends on its manner and context. When drafted and used appropriately, it is valuable for protecting legal rights and resolving disputes. However, others may perceive it as intimidation if someone misuses or uses aggressive tactics.

Requirement for Drafting a Cease Letter

You want to avoid having the letter come off as a scare tactic. So, when writing a cease and desist order, it's essential to be clear, concise, and professional. The tone of the letter should be professional.

While it's necessary to convey the seriousness of the matter, avoid overly aggressive or threatening language. It can be counterproductive and potentially escalate the situation.

Here is a basic outline:

  1. Introduction: State the letter's purpose and identify the parties.
  2. Description of Infringement: Detail the actions that are causing harm.
  3. Legal Grounds: State the legal basis for the claim, referencing relevant laws or contractual provisions.
  4. Demand: Explicitly request that the recipient stop the offending behavior.
  5. Consequences: Warn of potential legal action if the behavior does not stop.
  6. Deadline: Provide a reasonable time frame for the recipient to comply with the demands.
  7. Conclusion: Summarize the letter and reiterate the potential consequences of non-compliance.

Finally, consider the delivery method. Certified mail or other verifiable methods can provide proof of delivery. Verification can be necessary if the matter escalates to litigation.

Common Grounds for Issuing Cease and Desist Letters

Common grounds for issuing a cease and desist letter include:

  • Trademark Infringement: Unauthorized use of a trademark service mark or other intellectual property.
  • Copyright Infringement: Unauthorized use or reproduction of copyrighted material.
  • Defamation: False statements that damage the reputation of an individual or business.
  • Breach of Contract: Violation of the terms of a contract.
  • Harassment: Unwanted or threatening behavior.
  • Unfair Competition: Business practices that are deceptive or unethical.
  • Debt Collection: You can use the letter to stop calls from debt collection agencies. These desist letters often cite the federal Fair Debt Collection Practices Act. Pennsylvania also has laws regarding debt collection, such as the Pennsylvania Fair Credit Extension Uniformity Act.

The cease and desist letter is the first step in resolving the dispute in all these cases. It allows the offending party to rectify the situation before legal action.

How Enforceable is a Cease and Desist Letter?

Here's the catch. The letter isn't legally enforceable as it isn't a court order.

It only informs the recipient of the sender's claim and demands the cessation of the offending activity.

Nevertheless, a cease letter carries significant weight. It often presents the first step in a legal dispute. As a result, it can serve as a precursor to formal legal action if the recipient does not comply with the demands.

However, if the recipient ignores the letter, the sender may pursue further legal remedies. Those actions include filing a lawsuit for damages or an injunction to stop the offending behavior. However, the letter's enforceability depends on the specific circumstances and the legal grounds cited within it.

You'll want to consult a business litigation attorney near you if you send or receive a desist letter.

The Legal Weight of Desist Letters

As mentioned, a cease-and-desist letter is not legally binding. However, that doesn't mean you should take it lightly. The letter serves as a formal notice of a dispute and is admissible as evidence in court. For instance, it demonstrates that the recipient was aware of the alleged infringement.

If the matter escalates to a lawsuit, the court may view the recipient's non-compliance unfavorably, potentially resulting in a judgment against the recipient.

Upon receiving a cease and desist letter, consult a business litigation attorney. They can advise you on the best course of action.

What Should I Do if I Receive a Cease and Desist Letter?

Receiving a cease and desist letter can be unsettling. You may comply with the demands, negotiate a resolution, or challenge the claims.

Above all else, if you receive a cease letter, take it seriously and consider the following steps:

  1. Review the Letter: Carefully read and understand the claims made.
  2. Assess the Validity: Determine whether the claims have merit.
  3. Seek Legal Advice: Consult a business litigation attorney to understand your rights and options.
  4. Respond: Don't ignore the letter. You may comply with the demands, negotiate a settlement, or challenge the claims.

It's advisable to consult with a business litigation attorney. They can guide the best action based on the specifics of your case and the potential legal implications.

Consequences of Ignoring a Desist Letter

Although not legally binding, ignoring the letter can lead to consequences. They often serve as a precursor to formal legal action.

If you fail to comply with the demands, the sender may escalate the matter. For example, their next steps could involve filing a lawsuit or seeking a court order. Moreover, the potential legal repercussions can be severe, including financial penalties and damage to reputation.

Consult a commercial litigation attorney to understand your rights and the best action.

Do I Need an Attorney to Draft the Cease Letter?

A business litigation attorney plays a crucial role in cease-and-desist matters. They can help draft a clear, specific, and legally sound letter that can increase the chances of achieving the desired outcome without litigation.

If you receive a cease and desist letter, an attorney can guide you through the response process. They can help you understand the claims, assess their validity, and determine the best action. Steps could involve negotiating a resolution, challenging the claims, or preparing for potential litigation.

In either scenario, professional legal advice from a local law firm is invaluable. It can help protect your interests and navigate the complexities of the legal process.

Our Business Litigation Attorneys Are Here to Help

Cease-and-desist letters are powerful legal tools. They can help resolve disputes without resorting to costly litigation.

However, you must use them wisely. A poorly drafted letter can escalate a situation or even lead to legal repercussions.

Our business litigation lawyers can guide you in drafting a cease-and-desist letter. They can also offer insights into responding to a letter appropriately.

Our law firm works with businesses large and small throughout Bucks, Delaware, and Montgomery Counties. We also support clients in greater Philadelphia and nationally.

 

John S. Han | July 16, 2024

Felony Charges in PA

Felonies Charges: A Comprehensive Guide

Felonies are serious criminal offenses with potentially long-lasting consequences. Pennsylvania classifies them into different levels, each with varying degrees of severity. Sadly, Pennsylvania has one of the highest incarceration rates internationally.

Here are some of the more common questions relating to felony charges in Pennsylvania.

What Crimes are Felonies?

Felonies typically involve more serious offenses. They're punishable by substantial fines and imprisonment for one year or more. The list is lengthy and includes numerous types of crimes:

  • Murder
  • Manslaughter
  • Rape and Sexual Assault
  • Robbery
  • Aggravated Assault
  • Burglary
  • Kidnapping
  • Arson
  • Drug Trafficking and Distribution
  • Grand Theft
  • Identity Theft
  • White-Collar Crimes
  • Domestic Violence
  • Hate Crimes
  • Possession of Illegal Firearms

The majority of convicted felons in prison are there for drug crimes (44.4%), weapons and arson (12.4%), or sex offenses (12.4%). That's according to the Federal Bureau of Prisons.

If charged with a felony, a criminal lawyer can help determine the nature of your crime and potential penalty.

What are the levels of felony offenses in PA?

In Pennsylvania, crimes fall under three levels:

  • Felony 1 (F1): The most severe offense. You can get up to 20 years of jail time and fines up to $25,000. Examples include rape, arson, murder, kidnapping, and some gun crimes.
  • Felony 2 (F2): Considered less severe than F1 but still significant. You face up to 10 years in prison and up to $25,000 in fines. Common second-degree crimes include aggravated assault, property theft, statutory sexual assault, and burglary.
  • Felony 3 (F3): The least severe, leading to up to 7 years in prison and up to $15,000 fines. Stalking, bribery, identity theft, perjury, and carrying a firearm without a license are examples.

How much must I steal to face felony charges?

If the value of the property taken is $2,000.00 or more, you face felony charges. In addition, if the offense involves a motor vehicle, boat, or airplane, the offense is a felony.

What makes a DUI a felony?

Most Pennsylvania DUI offenses result in misdemeanor charges. However, cases involving serious injury or death will likely bring felony charges.

Additionally, as your BAC increases, the penalties for DUI become more severe. For example, third offenses can result in felony charges. In addition, if you have two offenses with a BAC of .16 or higher, you face a felony conviction.

Regardless of level, with a third DUI, you will receive a felony charge.

Pennsylvania also has a 10-year “look back” period. So, a court will look to see if you have any DUI convictions within the last ten years.

Is drug possession a felony in PA?

Drug possession in Pennsylvania can be either a felony or a misdemeanor. It depends on the type and quantity of the controlled substance. For example, authorities often classify possession of a small amount of marijuana as a misdemeanor. However, possessing larger quantities or controlled substances may lead to criminal charges.

What is the difference between a felony and a misdemeanor?

The key differences come down to the severity of the offense and the potential penalties. Felony offenses are more severe crimes. They generally result in imprisonment for over a year. Misdemeanors, on the other hand, are less severe and usually carry shorter sentences, if any.

With either, however, you should seek legal representation from a criminal lawyer. The criminal justice system and criminal laws are complex. They demand support from an attorney.

Is hit and run a felony?

You can face felony charges for a hit and run in Pennsylvania. That's especially true if the accident resulted in severe injury or death. Leaving the scene of an accident is a crime, and the severity of the charge depends on the circumstances.

Do first-time offenders go to jail in PA?

First-time offenders in Pennsylvania may or may not face prison sentences. It depends on the specific circumstances of the case, the level, and the judge's discretion. Pennsylvania has various sentencing options, including probation, fines, and intermediate punishment programs for eligible individuals.

Does Pennsylvania have a three-strike law?

Pennsylvania has two- and three-strikes laws. They mandate minimum terms of 10 and 25 years for certain second and third-time offenders. It applies to violent crimes such as:

  • Third-degree murder
  • Voluntary manslaughter
  • Aggravated assault
  • Sexual offenses
  • Kidnapping
  • Burglary

What happens after an indictment?

After an indictment in a criminal case, the legal process continues with court proceedings. You will have the opportunity to defend yourself, either through negotiations or trial. Consulting with a felony lawyer or criminal defense attorney is essential. They can help you understand your indictment's specific implications and build a defense strategy.

Do felonies go away after 7 years?

Felonies do not automatically go away after a certain number of years. In Pennsylvania, convictions generally remain on your criminal record permanently unless expunged.

Can you get a felony expunged?

In Pennsylvania, you can get some convictions expunged under specific circumstances. Typically, only non-conviction records or minor offenses are eligible for expungement. Consult a criminal defense lawyer to determine if your situation qualifies for expungement.

Can you get a passport with a felony?

It may affect your ability to obtain a passport, but it does not automatically disqualify you. However, some countries may deny entry to individuals with certain felony convictions. Check the specific passport requirements and restrictions for your situation.

Montgomery County Criminal Lawyers

If you face felony charges, you should immediately talk with an experienced criminal defense lawyer. Our criminal lawyers represent clients in Montgomery County, PA. They can provide counsel with a defense strategy to eliminate or reduce your penalty.

High Swartz | July 16, 2024

Estate Planning Checklist

Estate Planning Checklist: Safeguarding Your Assets

Estate planning is an often overlooked aspect of financial well-being. Yet, it is one of the most crucial preparations for protecting and properly managing one's assets.

Equally important, anyone, not just the affluent, can engage in estate planning. Everyone has an estate they cherish and hope to pass on to their loved ones with as little hassle as possible.

To make a good estate plan, hire an estate attorney near you. The attorney can assist you in preparing the required documents and should also know Pennsylvania state laws.

Our law firm created an estate planning questionnaire to help with the process. You can use the form to assess your estate and determine those central to its execution.

What is an Estate Plan?

An estate plan is a collection of legal documents. They detail how you want your assets handled and distributed upon death or incapacitation.

Those documents go well beyond simply writing a will. They encompass every aspect of your assets, healthcare, and guardianship for minors.

Components of an Estate Plan

At the least, an effective estate plan should include some of these important documents:

  • Will: A legal document stating your wishes regarding the distribution of your assets. It can also include directives for the care of any minor children.
  • Trusts: Legal arrangements allow a third party or trustee to hold assets on a beneficiary's behalf.
  • Durable Power of Attorney: This document allows someone you trust to act on your behalf. They can make financial and legal decisions for you if you cannot.
  • Healthcare Directives: They specify your wishes regarding medical care if you become incapacitated and cannot express your preferences.

Why is an Estate Plan Important?

Estate planning is more than just distributing your assets; it's about ensuring peace of mind for yourself and your loved ones. Here's why it's crucial:

  • Asset Protection: Without a plan, your estate might undergo a lengthy and expensive probate process. Estate planning helps minimize taxes and legal fees, ensuring more of your assets go to your beneficiaries.
  • Fulfilling Wishes: An estate plan respects your personal and financial wishes even when you cannot voice them.
  • Preventing Disputes: Stated wishes can help avoid family disputes over assets and inheritance, preserve relationships, and honor your legacy.
  • Legal Complications: A well-crafted estate plan can prevent legal issues that might otherwise arise and ensure a smoother transition of assets to your beneficiaries.

An estate plan is vital in managing your financial well-being. It also cares for your loved ones while ensuring that it meets your final wishes.

Essential Considerations for Your Estate Planning Checklist

Each item plays a critical role in assembling your estate planning documents. Here's what you need to consider:

  • Inventory of Assets: Before you can plan to distribute your assets, you need to know what they are. This includes both tangible and intangible assets.
  • Family Members: Consider the roles your family members will play. Who will inherit assets? Who will make financial and healthcare decisions if you cannot do so? Who will serve as guardians for any minors?
  • Directives: If you're incapacitated, you must select a healthcare agent to make decisions on your behalf. You'll also need a financial agent to handle your financial affairs.
  • Beneficiaries: Clearly define your beneficiaries, what they will inherit, and in what proportions.
  • Guardianship: If you have children under 18, you must designate a guardian who will care for them if you cannot.

Creating Your Estate Plan: A 7 Step-by-Step Checklist

Now that we've outlined the essential elements, let's walk through the steps to create your estate plan. An estate planning attorney can help to ensure you cover all your assets accurately.

1.   Inventory Your Assets

The first step in the estate planning process is making a comprehensive list of your assets. Even if you think you have a smaller asset pool, you may be surprised.

Document your tangible assets. When documenting, it's a good idea to include details such as market value, title, description, etc.

  • Real estate, including homes and land
  • Vehicles
  • Collectibles like jewelry, art, antiques, and coin

Document your intangible assets, again paying attention to policy ownership, institutions, balances, face value, death benefits

  • Bank accounts
  • Stocks and bonds
  • Retirement accounts
  • Life insurance policies
  • Health savings accounts
  • Business ownership
  • Debts or liabilities, including mortgages, credit lines, or personal loans

2.   Document Your Family Members

When considering family members, include their full names, addresses, and contact information. Define their roles and what you envision for them in your plan.

  • Spouse
  • Children
  • Step-children
  • Adopted children
  • Aunts
  • Uncles

3.    Select a Healthcare Power Attorney

Select someone who understands your advanced healthcare directives. Those preferences can include treatments and end-of-life concerns. Your healthcare power of attorney advocates for you if you're incapable of doing so.

4.   Select a Financial Power of Attorney

A financial POA, similar to your healthcare POA, makes fiscal decisions if incapacitated. That individual can execute legal documents, withdraw funds, create trusts, file taxes, and manage investments.

You can document what financial powers you defer to your POA.

5.   Establish Beneficiary Designations

Beneficiary designations determine who receives your assets and what assets they receive. You can also present who you wish to exclude from your estate assets.

The more clearly you cite your wishes, the less potential for disputes among inheritors.

Consider establishing trusts for minors or others who might not manage a direct inheritance well.

6.   Determine Guardianship for Minors

If you have children under 18, choose a guardian to care for them. That individual should share your values and have the capacity to take on this responsibility.

Discuss your decision with the chosen guardian to ensure they're willing and able to accept the role.

7.   Draft Your Estate Transfer Documents

With these decisions in place, you can work with an estate attorney to draft essential documents. You must ensure that whatever estate documents you create are valid. Typically, they require witnesses and a notary.

Properly executed documents also work to eliminate or reduce probate court involvement. Again, focus your efforts on these documents at a minimum

Will

You can use an online service to draft your will. However, using an attorney ensures you write a valid will that addresses nuances in Pennsylvania's estate laws.

Trusts

Two types of trusts exist: one created during your lifetime and another under your will. Moreover, you have numerous options available. Again, an estate planning lawyer can help determine your best choice.

Power of Attorney

When assigning a durable power of attorney, you'll need to determine the nature of their power. That includes what authority you grant and actions they can execute on your behalf.

Living Will or Advanced Healthcare Directive

A well-drafted estate plan includes your wishes about end-of-life healthcare. A living will addresses life-prolonging measures, burial instructions, and organ donation.

Here's more information about the five most important estate planning documents.

An Estate Plan is Dynamic

Pay attention to two other critical concerns with your estate plan.

First, keep the documents safe and accessible to your representatives. You can also distribute them to family members, trustees, physicians (living will), etc.

Second, revisit the documents as life circumstances change. An estate plan is dynamic and can be updated based on those circumstances.

Consult with an Estate Attorney Near You

Estate planning is fundamental to managing your affairs and ensuring the care of your loved ones in your absence. Following this checklist, you can create a comprehensive plan that reflects your wishes and provides for your family.

Our estate planning lawyers work with clients in Bucks, Delaware, and Montgomery County, PA. If you're ready to start the process, get in touch. They'll work with you to draft a plan to protect your assets and family.