Estate Planning and Incapacity Issues: Consider a Power of Attorney

If you are involved in planning your estate, you need to be prepared for different issues that could arise. One of these issues is incapacity or partial incapacity. Your estate plan can address what happens in the event you are in this situation. One mechanism to address issues involving incapacity is known as a Power  … Read More

Divorce and Property Division: Are “Professional Degrees” Marital Property?

When you are going through the divorce process in Pennsylvania, any marital property you own with your spouse is potentially property that could be shared with your spouse through the process of “equitable distribution.” The key question is whether a piece of property counts as marital property in a given situation. Let’s take a situation  … Read More

Custody and the “Dependent Child” Tax Deduction

When parties go through a separation in Pennsylvania, there is an often an issue or question about who claims a tax deduction for the dependent child or children. As you might guess, the issue of the tax deduction depends in partly on who gets what amount of custodial time. A general rule of thumb is  … Read More

DUI’s in Pennsylvania: When is a traffic stop justified?

A driver cannot be driving under the influence if he or she is not driving to begin with. Accordingly, most DUI cases begin with a traffic stop. When is law enforcement justified in making a stop of a driver? The short answer is that law enforcement can effect a stop when law enforcement has “reasonable  … Read More

Alimony Practice in Pennsylvania: Who is Eligible and for How Long?

The general rule is that alimony is not a given, but is something that the court can award if it finds that such an award is “necessary.” Given the vagueness of the term, it is helpful to examine the factors that go into determining whether alimony is necessary, and in calculating the amount of alimony.  … Read More

Disqualification of Commercial Drivers Licenses in Pennsylvania: When is your CDL at Risk?

When your Commercial Driver’s License (“CDL”) is suspended in Pennsylvania, it is referred to as a “disqualification” of the CDL. CDL’s are treated differently than normal driver’s licenses for the purposes of suspension. This is because Federal law AND state law both come into play with determining what penalties to assess against your CDL. CDL’s  … Read More

Exemptions from Pennsylvania’s Inheritance Tax: Advancements

Those interested in the inheritance process need to know about Pennsylvania’s inheritance tax. The tax is imposed as a percentage assigned to the value of a decedent’s estate passed to beneficiaries of a will. The rates of the inheritance tax are as follows: • 0 percent on transfers to a surviving spouse or to a  … Read More

Child Custody in Pennsylvania: Factors to Consider during a Relocation

Sometimes there comes a point where a parent wants to relocate from Pennsylvania to another part of the state—or another part of the country. When there is a custody agreement involved, relocation presents special issues that the moving parent should be made aware of. First, the party seeking to move must provide notice of the  … Read More

Monetary Support during the Divorce Process and Alimony Pendente Lite

Often times, a spouse wants to file for divorce but lacks the financial resources to do so or is economically dependent on the other party for support. When that is the case, Pennsylvania law actually provides an avenue for relief to the dependent spouse in the form of what is known as “alimony pendente lite.”  … Read More

What Kind of Quality in Housing are you Entitled to in Pennsylvania? “Caveat Emptor” No More

Under Pennsylvania law, “caveat emptor” is not the rule with respect to leased housing in Pennsylvania, and has not been the law since its abolishment by the Pennsylvania Supreme Court in 1979. Caveat emptor meant that a tenant took a property subject to any flaws that he did not correct prior to the beginning of  … Read More