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Estate Planning: What You Need to Know

August 12, 2021December 13, 2017

Many people don’t want to think about their end-of-life affairs, but if they don’t plan carefully, they may leave their families out in the cold—or with a dilemma on how to handle their estate. Hiring the right estate planning attorney can help you decide how to transfer your assets while minimizing complications and simplifying or eliminating the payment of death taxes for your loved ones and surviving family members. A well designed estate plan benefits everyone, not just “the wealthy.” Meeting with an attorney and establishing an estate plan makes the process easier, especially if you anticipate health issues or you have a lot of valuable possessions and assets.

To successfully map out your estate plan, you should find an experienced estate planning attorney who can educate you on all the options, while also helping you avoid legal pitfalls. We’ll briefly outline some different estate planning options below so you can familiarize yourself with avenues you may want to consider.

Does PA’s Filial Responsibility Law Require You Pay For Your Elderly Parents’ Nursing Care Bills?

February 22, 2022December 6, 2017

Most parents intend to leave some inheritance to their children. However, a Pennsylvania law can also cause a parent to leave their children with significant debt. The law is commonly referred to as the filial responsibility law. This law requires spouses, children, and parents of indigent persons to care for and financially assist them. Contact May Herr … Read more

What Happens to Digital Assets at Death?

August 12, 2021November 21, 2017

It’s getting harder to take your secrets to the grave.

Antonio Stradivari, Benjamin Franklin, and Nikola Tesla are all reported to have taken secrets to their graves. That would be much harder today if they stored their secrets on the cloud and accessed them through smart phones, tablets, or other devices. The Massachusetts Supreme Judicial Court recently released a first-of-its-kind decision giving executors of an estate the authority to request the release of stored electronic communications from the internet service provider storing that information on its servers. The Pennsylvania legislature currently has a Senate Bill under review that formalizes this authority by statute.

Knee Injuries Greatly Increase the Development of Arthritis

August 12, 2021November 14, 2017

Herr & Low has represented injured people for over 30 years and that long view informs what we do. We know, from clients who have kept in touch or returned to see us later, that an injury to a joint will cause problems down the road. A report in the New York Times now gives … Read more

Incorrect Beneficiary Designations Will Frustrate Your Estate Plan

August 12, 2021August 3, 2017

Nightmare #1: You’re happily remarried and have established a fine life with your new spouse, then die unexpectedly and your life insurance policy pays out—to your ex-wife.

Nightmare #2: Your grandchild develops a debilitating illness and now has to rely on disability payments and Medicaid to supply his needs. Upon your death, one of your life insurance policies is paid to him—and he loses all government assistance.

Nightmare #3: Most of your assets are in a sizeable IRA, which you are counting on to support your spouse should you pass away. Upon your death, the IRA is paid out to your estate and is not only divided up among all the residuary beneficiaries in your will, but must also be paid out—and taxed—within five years of your death instead of providing for your spouse for the rest of her life.

Challenge to “In Loco Parentis Standing” – Use it or Lose It!

August 12, 2021May 25, 2017

Sued for custody of your child by someone other than the your child’s other parent? Beware! Under Pennsylvania Law a person other than a parent has standing to sue for custody in very limited circumstances. Standing is a legal concept. Standing refers to the right of a particular person to file a case in court. If you don’t challenge standing in time you forfeit the right to challenge standing forever!

Birchfield and Blood Draws – New Developments in DUI law

April 25, 2023November 21, 2016

The United States Supreme Court’s recent decision in Birchfield v. North Dakota deemed warrantless blood draws in driving under the influence arrests unconstitutional. This has far-reaching consequences in Pennsylvania, a so-called “implied consent” state, in which a motorist is deemed to have consented to a test of his blood or breath in the event of a suspected DUI.

Prior to the Supreme Court’s Birchfield decision, anyone stopped for a suspected DUI who refused a blood draw would potentially be subject to increased criminal penalties as if he or she had registered a blood alcohol level of .16% or higher, the highest tier for DUI sentencing purposes. Warnings given to motorists made this clear in advising of their “right” to refusal. In sentencing terms, refusals for a first offense called for a mandatory 72 hours incarceration and a mandatory minimum fine of $1,000. Both minimum and maximum penalties increased dramatically for second and subsequent offenses.

Help for Potential Guardians of Minor Children

August 12, 2021July 8, 2016

For parents, a key component of estate planning is often selecting potential guardians for minor children should something tragic happen to one or both parents. These considerations can be double-sided emotionally and difficult to face. On the one hand, who would ever take care of your children just like you would? Facing such a decision also brings to light many fears and concerns. On the other hand, making the decision can be freeing in a way, because you know your children will be cared for if something happens.

Our firm understands the struggle that parents might face when dealing with such a decision, and we also understand the concerns that a potential guardian faces if the actual appointed time comes to pass. Many people agree to be named as legal guardians without ever really thinking the situation will occur where they will have to take charge of the children. That doesn’t mean they don’t love the kids or want this responsibility, but when the time comes, a guardian can be suddenly overwhelmed with the reality of the responsibility.

Seek Assistance When Challenging a Will

August 12, 2021June 10, 2016

Last week, we talked about what you might do if a loved one dies without a will and how various factors could impact your actions. What if your loved one did leave a will, but you don’t think that will is valid? In such cases, you might have to legally contest the will in probate. … Read more

Textalyzers: New Technology May Raise Privacy Concerns

April 25, 2023May 27, 2016

It’s no secret these days that smartphones play a major role in our lives. Look around you at any restaurant, grocery store, or simply walking down the street and you’ll likely see dozens of people, heads down, intent on their screens. Increasingly, states are passing laws to make sure that this same scene isn’t repeated … Read more

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