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It’s a simple task. Just sign on the line or click “Agree” at the bottom of the window. Tap the check box and continue. But do you really know what you are agreeing when you sign, click, or tap the bottom of a contract or agreement? We are presented with many contracts including: Home improvement contracts Liability waivers for children’s’ events Buying or selling a home Appliance purchase, repairs and installation agreements Signing a lease for an apartment Employment agreement Personal care home and elderly care contracts Agreements and disclosures with doctor and dentist offices Alternate energy utility provider agreements Loan agreements Car rental agreements Gym memberships Here are a few things you should know before you agree to those terms. Read the entire contract before signing. Considered one of the most important points, it is essential to read through the entire contract before you sign anything. Be sure to take note of any part of any confusing language or any questions that may arise when you are reading through it. Don’t be afraid to ask questions if you don’t understand. If questions do arise upon reading, be sure you ask them. It is your right to know what you are signing for and the other party has no obligation to interpret it without your questioning. So ask about any part of the contract or agreement you are unsure about. Don’t sign a contract with blank spaces. Ensure nothing is left empty before signing the contract; either cross it out or fill in the holes in the document. Make sure anything agreed to verbally is actually documented in the contract and anything you disagree with is crossed out. Avoid requests for co-signors You may be asked for your spouse or another person to sign the agreement.  There is no law that requires that both spouses sign any agreement and some laws prohibit requiring co-signors.  There are risks for the co-signer. The co-signer is also obligated on the agreement. If you fail to comply with the terms of the agreement, the co-signer will be liable to fulfill your obligations even if the co-signer did not benefit from the agreement. In addition, if you default  on the agreement,  both your credit and your co-signer’s could be negatively affected. Be wary of mandatory arbitration Arbitration clauses are used to limit the rights of consumers.  Arbitration is a private system without a judge, jury, or a right to an appeal. The arbitrator decides the rules, weighs the facts and arguments of both parties, and then decides the dispute. Arbitrators aren't required to take the law and legal precedent into account in making their decisions. There is no appeal or public review of decisions to ensure the arbitrator got it right.  Find out more about the downsides of forced arbitration. Obtain a final copy of the signed contract and keep it. Once everything is signed, be sure to request a complete copy of the contract for your own records. Keep it in a safe place in case an issue arises where you would need to refer back to the contract. Ask for help if you need it. There are resources available to help you interpret contracts and their jargon before you sign to something you may be unfamiliar with. The knowledgeable lawyers at Fiffik Law Group are ready to assist you in your contract needs. Contact us today with any questions you have or to schedule a meeting to go over your own contracts or agreements.

As our loved ones age, the necessity of nursing home care becomes a reality for many families. However, the financial burden of such care can be overwhelming. Let's delve into the costs associated with nursing homes, particularly in Pennsylvania, and explore avenues for financing, including the role of Medicaid and strategies to protect your legacy. Understanding Nursing Home Costs In Pennsylvania, the average cost of skilled nursing home care can vary, but it typically ranges from $120,000 to $168,000 annually. These costs can quickly deplete savings and assets if not properly planned for. Financing Nursing Home Care The question then arises: How will individuals pay for nursing home care? Families often rely on a combination of personal savings, long-term care insurance, and government assistance programs like Medicaid. The Role of Medicaid Medicaid is a vital resource for covering nursing home costs for those who meet eligibility criteria, including income and asset limitations. In Pennsylvania, Medicaid plays a significant role in financing long-term care for eligible individuals, providing essential financial support for families facing the high costs of nursing home care. Statistics indicate that a significant portion of nursing home care expenses are covered by Medicaid, with approximately 60% of payments coming from this source. Private pay and long-term care insurance make up the remainder, highlighting the importance of comprehensive financial planning for long-term care needs. Medicaid Estate Recovery It's crucial to be aware of Medicaid estate recovery, which allows states to recover costs paid for long-term care from the estates of deceased Medicaid recipients. Proper estate planning can help mitigate the impact of estate recovery and preserve assets for future generations. Take Action to Protect Your Legacy To learn more about how you can protect your legacy and potentially utilize Medicaid for nursing home care costs, I encourage you to reach out to our firm. Our team can provide personalized guidance and strategies tailored to your unique circumstances, ensuring that you and your loved ones are prepared for the future. Navigating the complexities of nursing home costs and Medicaid can be daunting, but with the right guidance, you can safeguard your assets and secure peace of mind for the years ahead. Don't wait until it's too late—take proactive steps today to protect your legacy and preserve your financial well-being.  Our experienced team of elder law attorneys are ready to help answer your questions about paying for nursing homes, walk you through the process and protect as many of your assets as possible.

Celebrity conservatorships have been in the news recently.  Brian Wilson, one of the founders of The Beach Boys and the writer of many of their hits, will be placed under a legal conservatorship due to a "major neurocognitive disorder," a judge in Los Angeles ruled recently.   Brittany Spears was another high-profile case recently in the news.  What exactly is a conservatorship and when is it appropriate for someone close to you? Conservatorship, sometimes referred to as guardianship, is a legal concept that allows a court to appoint an individual or organization to make financial and/or personal decisions on behalf of someone who is unable to make these decisions for themselves. This can be necessary in situations where an individual is incapacitated due to age, illness, or disability. If you are considering filing for conservatorship for a loved one, it is important to carefully consider the following factors: 1. The Individual's Mental and Physical Capacity Before seeking conservatorship, it is crucial to assess the individual's capacity to make decisions or care for themselves. This involves obtaining medical evaluations and assessments from healthcare professionals. 2. The Individual's Wishes It is important to consider the individual's wishes and preferences when seeking conservatorship. If possible, involve the individual in the decision-making process and take their preferences into account.  Be prepared for the individual to resist the suggestion.  It is not unusual for people to resist giving up control of their finances or ability to make decisions for themselves. 3.  Did the Individual Sign a Power of Attorney? Before considering conservatorship, you should determine wither the individual signed a durable general power of attorney.  If such a document was signed by the individual, a conservatorship is likely unnecessary. 4. The Potential Conflicts of Interest When appointing a conservator, it is important to consider any potential conflicts of interest that may arise. Make sure the chosen conservator is trustworthy and capable of acting in the individual's best interests. 5. The Scope of the Conservatorship When filing for conservatorship, it is important to clearly define the scope of the conservator's authority. This may include decisions related to healthcare, finances, and personal matters. 5. The Legal Process Filing for conservatorship involves a legal process that can be complex and time-consuming. It is important to consult with an experienced attorney who can guide you through the process and ensure that all necessary steps are taken. Seeking conservatorship for a loved one is a significant decision that requires careful consideration of the individual's needs and preferences. In many instances, you may need to take action that your loved one specifically opposes.  They may very well be angry with you and the process could result in a disruption of your relationship.  It is very difficult to act in someone’s best interests when they are fighting what’s best for them.  By considering these factors and seeking legal guidance of the experienced elder law and special needs attorneys at Fiffik Law Group, you can ensure that the conservatorship process is handled effectively and in the best interests of your loved one.

People who remarry after divorce or the passing of a spouse often choose to move into a home that one of them already owns.  One of the most common questions we discuss with clients is whether to change the deed to their home to add the name of their new spouse.  It seems simple but in reality, it’s a question that raises some complicated issues. Reasons to Add Your New Spouse to the Deed We hear many reasons for adding a new spouse to a deed.  Two of the most common include: To simply the passage of ownership and avoid the costs and delays of probate To ensure that the new spouse can remain in the home in the event of death of the owner Changing the deed is a solution to these challenges but the consequences are often overlooked. Divorce By adding your new spouse to the deed, the entire value of the home becomes a marital asset subject to division in the event you divorce.  You will not necessarily get to “protect” the value of the home that you brought to the marriage after doing this.  When the deed is not changed, only the appreciation in value of the home from the date of marriage is a marital asset subject to division.  This could be a big mistake. Death Your spouse will become the owner of your home after you die when you add their name to the deed.  If you have children from a prior relationship, they will not be entitled to the proceeds of the later sale of the home.  Your new spouse has no legal obligation to convey the home to your children or include them in their Will.  In short, your kids will not be entitled to any portion of the home’s value. Disagreement Once you add your spouse to your deed, you are no longer in control of your home.  You will need their consent to do anything with the home, including obtaining a mortgage or selling the home.  In the event of a separation or divorce, your property could be tied up for years. The Better Way Than Changing the Deed There is a way to have your cake and eat it too. We recommend using a revocable living trust. You would convey ownership of your home to the trust and in the event you become disabled or pass away, the provisions of the trust relating to the house would become “irrevocable”.  By conveying ownership of your home to a trust, you can accomplish the following: Maintain ownership of the home and expose only the appreciation in value to division in the event of a divorce proceeding. Protect your spouse’s right to remain in the house in the event you become disabled and move to senior living or if you pass away.  The trust can oblige your spouse to maintain the home and pay its expenses as a condition to the right to remain there.  Establishing clear guidelines on what the surviving spouse covers versus what the estate of the predeceased spouse handles can prevent future disputes.  You can even hold money in the trust to help your spouse with home-related expenses.  In the event your spouse fails in that regard, the trust can provide that the home would be sold and provide a process for accomplishing all of those tasks. You can give your spouse an option to purchase the home after your death.  You can decide on how the purchase price will be determined, even giving your spouse a “discount” to make it easier for them to retain the home.  The proceeds can be reserved to benefit your children from a prior relationship. Ensure that the home will not prevent your spouse from qualifying for government benefits to pay for nursing care in the event the need arises.  The cost of nursing care is over $12,000 a month.  The trust can be a powerful asset protection tool for your surviving spouse and ensure a legacy for your children. Protect the home against creditors of your spouse or children.  In the event your family has debt problems, no creditor will be able to get to your home to satisfy those debts.  The trust will serve as a “lockbox” protected from creditor claims. Provide a legacy for your children. Once your spouse is no longer in the home, either by death, remarriage or moving into senior care, the home can be sold and proceeds divided among your children. You can That choice raises additional questions about the long-term decisions involving the home in the event of divorce, disability or death.  Your home is often your most valuable asset so it’s crucial to address how the home should be handled in the event of disability or death of the owning spouse after remarriage. Navigating remarriage after divorce or the loss of a spouse can be complicated.  Thoughtful planning is essential to resolve home ownership rights effectively and prevent potential conflicts down the road.

Pennsylvania is taking a significant step towards enhancing road safety by implementing a ban on handheld cellphone use while driving. The new law, set to be signed by Governor Josh Shapiro, expands on existing legislation prohibiting texting while driving and aims to address the broader issue of distracted driving. What the Law Says: Ban on Handheld Devices Motorists are prohibited from using handheld mobile devices while driving. This includes activities such as making phone calls, texting, browsing the internet, or using social media apps. Limited Exceptions Drivers may use handheld devices only to call 911 or first responders in emergency situations. The law does not apply to the use of devices solely for navigation or if the vehicle is safely pulled off the road and stopped. Penalties Violators of the law will face a $50 fine. However, during the initial year of enforcement, authorities will issue written warnings to promote compliance and educate drivers about the new regulations. How to Stay Safe: Utilize Hands-Free Technology Set up Bluetooth in your vehicle to enable hands-free calling and minimize distractions while driving. If your vehicle is equipped with voice command technology, use it to make calls, send messages, or change music without taking your hands off the wheel. Even better, if you need to make or receive a call, plan to pull over at a safe location such as a rest stop or parking lot rather than attempting to multitask while driving. Opt for Safe Navigation Options Use your car's built-in navigation system or purchase a phone holder mount to securely display your GPS directions. Set Up Music Before Driving Choose your playlist or radio station and adjust the volume to your preference before setting off on your journey. Enable Driving Focus Mode Take advantage of features like "driving focus" on your smartphone to minimize distractions automatically when driving. Set it up in your phone settings or control center to activate while on the road. Store Cellphones Out of Reach If possible, keep your cellphone out of reach and sight to avoid temptation. Consider placing it in a designated storage compartment or in the backseat. Consider exploring resources provided by organizations like EndDD (End Distracted Driving) for further insights and guidance. Distracted drivers cause accidents and serious injuries.  If you or a member of your family are injured by a distracted driver, the auto accident attorneys at Fiffik Law Group is here to help. Contact us for aggressive personalized legal representation and advocacy.

No one goes through the work, risk, and sacrifice of starting a business without hoping it will last. Building something that endures is the dream that motivates entrepreneurs. Yet in many businesses, too little of that work goes into determining who will take over when the founders decide to hang’em up. According to the National Association of Corporate Directors, fewer than 25% of private companies say they have a formal succession plan in place. 75% of owners also say that if they had to step away from their business entirely tomorrow, they are not completely certain the business would continue to move forward successfully. There isn’t a good reason to justify the common oversight of not planning for business succession. Some business owners are too caught up in the challenges of the present. Some have a subconscious aversion to the reality that they won’t be around forever, or assume succession will work itself out naturally. Others are aware of the task’s true complexity and find it overwhelming. Ultimately, however, the reasons people avoid succession planning aren’t as important as the reasons they should embrace it. For a business, working without a succession plan can invite disruption, uncertainty, and conflict, and endangers future competitiveness. For companies that are family owned, the issue of succession also introduces deeply emotional personal issues and may widen the circle of stakeholders to include non-employee family members. The next 10 to 15 years may bring substantial transfers of wealth through business ownership handoffs across generations and other new ownership structures. The long-term survival of those businesses, and the preservation of the wealth they have built, will depend upon a clear and early focus on strategic succession planning. Get the Conversation Started The experienced succession planning attorneys at Fiffik Law Group can help get the conversation going.  We have extensive experience representing clients in a wide range of estate, asset protection, trust and  business succession planning.  We are dedicated to assisting individuals achieve their economic goals, while also providing a seamless transition for a multi-generational family business. We counsel clients on the options available to them and provide strategic, sound advice with the ultimate goal of minimizing federal, state and local taxes while also preserving wealth for the company owners and their families.

If you have been served with a petition for protection from abuse in Pennsylvania, it is important to take immediate action to protect your rights and ensure the best possible outcome in your case. Do not ignore a PFA.  Receiving a PFA is usually an emotionally distressing experience, especially if you have to leave your family home or stop seeing your children. You might feel like acting out or simply ignoring the PFA, but it would be a mistake to take a PFA lightly. If it becomes permanent, a PFA can have serious consequences on your life. The best chance you have for fighting a temporary PFA and preventing it from becoming permanent is to follow the restrictions exactly, show up for your hearing, and consult an experienced attorney. Here are some important steps to take and things to avoid between now and the hearing: What To Do: 1. Read the Petition Carefully Take the time to thoroughly read the petition for protection from abuse that has been served on you. Make note of any specific allegations or claims made against you. Note whether protection is sought in favor of the Petitioner only or the Petitioner and any minor children. 2. Know When It Takes Effect The PFA is in effect as soon as you receive the notice. If you don't comply with the PFA while it's in effect, you are violating the PFA and could be arrested and charged with contempt of the PFA order. The first PFA you receive is temporary, usually lasting only 10 days. After the 10 days, you'll attend a hearing where a judge will decide if the PFA becomes permanent or dismisses it. 3.  Contact an Attorney It is crucial to seek legal representation as soon as possible. An experienced attorney can guide you through the legal process, help you understand your rights, and represent you at the hearing. 4. Gather Evidence Collect any evidence that may support your case, such as witness statements, text messages, emails, or other documentation. This evidence can be crucial in defending against the allegations made in the petition.  It's important to keep as thorough records as possible, and even review communication from before the PFA took effect. Give your attorney any information you can think of that might be pertinent to your PFA hearing. 5. Follow the Terms of the Temporary Order If a temporary protection from abuse order has been issued against you, make sure to comply with all terms and conditions outlined in the order. Violating the order can have serious legal consequences. 6. Attend the Hearing It is important to attend the scheduled hearing to present your side of the story and defend against the allegations made in the petition. If you can't make the scheduled hearing date, then you need to make arrangements with the court to have another hearing date. You have to write to the court and ask for a continuance right away, which will move the date back. You must provide a reason as to why you cannot be present on the original date, and it usually must be a serious conflict. Your lawyer can help you ask the court for a new date if you need one. What NOT To Do: 1. Do NOT fight the person serving it. Do not become aggressive or violent against the person serving you the PFA, no matter who it is. As soon as you're presented with that paperwork, the court can use any actions you take against you in your hearing. If you want to prove you have good character to the judge at your hearing, remain respectful and quiet when receiving your PFA order. 2. Do NOT contact the petitioner. Do not attempt to contact the petitioner directly, either in person, by phone, or through social media. This can be seen as a violation of the protection from abuse order and can harm your case.  Also, any messages you send to the plaintiff, by SMS, social media, email, or any other medium, can be used against you in your hearing. You also cannot ask a someone else, other than your attorney, to speak to the plaintiff for you, as this is also a violation of the PFA. Even if the plaintiff contacts you, and although you might want to respond, you cannot. 3. Do NOT discuss the case with others. Avoid discussing the details of the case with friends, family members, or anyone else who is not directly involved in your legal representation. Confidentiality is crucial in protecting your case. 4. Do NOT violate the terms of the protection from abuse order. It is crucial to comply with all terms and conditions outlined in the protection from abuse order, including staying away from the petitioner and refraining from any contact. 5. Do NOT represent yourself in court. While you have the right to represent yourself in court, it is highly recommended to seek legal representation from an experienced attorney. An attorney can provide valuable guidance and advocacy to help you achieve the best possible outcome in your case. Being served with a petition for protection from abuse can be a stressful and overwhelming experience. By taking the necessary steps to protect your rights and work with an experienced attorney, you can navigate the legal process effectively and defend against the allegations made in the petition. Remember to follow the dos and don'ts outlined above to ensure the best possible outcome in your case.

The Federal Trade Commission's (FTC) rule banning non-compete agreements has garnered a lot of attention. Unless delayed, it will go into effect in August 2024.  While this rule has significant implications for business owners and employees alike, it's important to note that not all provisions typically included in non-compete agreements are affected by this rule. Non-compete agreements are contracts between employers and employees that restrict the employee's ability to work for a competitor after leaving the employer. These agreements often include provisions such as the duration of the non-compete, the geographic scope in which the employee is prohibited from working, and the types of activities that are considered competitive. While the FTC rule bans non-compete agreements for most workers, there are still provisions that are typically included in non-compete agreements that are not affected by this rule. Some examples of other provisions include: Disclosure of Confidential Information Agreements that include non-compete provisions often also include confidentiality or non-disclosure clauses, that prohibit employees from sharing their employers’ confidential information with people outside of the business Solicitation of Customers Non-solicitation clauses often prevent employees from poaching existing or prospective customers from their former employer, are also commonly found in agreements that contain non-compete provisions. Solicitation of Employees Non-solicitation clauses often prevent employees from poaching employees from their former employer are also common, especially in the current market where there’s significant competition for talent. Intellectual Property Rights This clause specifies that ownership of intellectual property created during the course of the employee’s tenure will be owned by the employer (typically). Intellectual property can include inventions, designs, trademarks, copyrights, and other creations of the mind. These provisions are still valid under and enforceable under the new FTC rule. Employees who have signed agreements containing non-compete provisions should review the terms of the agreement carefully to understand what provisions remain applicable to them. Employees who have signed agreements containing non-compete provisions should consider seeking legal advice from an experienced employment attorney to understand their rights and options. An attorney can review the terms of the agreement and assess whether it is enforceable under Pennsylvania law and the new FTC rule. It's important for employers and employees to understand the implications of the FTC rule banning non-compete agreements and to seek legal guidance when drafting or enforcing these types of agreements. By working with an experienced attorney, both parties can ensure that their rights and interests are protected while complying with applicable laws and regulations.  The experienced attorneys at Fiffik Law Group are ready to help you understand how this groundbreaking FTC rule impacts your business.

As a business owner in Pennsylvania, you may have heard about the recent announcement by the Federal Trade Commission (FTC) banning non-compete agreements. This decision could have significant implications for your business and its employees. Non-compete agreements are contracts that restrict employees from working for a competitor or starting a competing business for a certain period of time after leaving their current employer. These agreements have been a common practice for many businesses as a way to protect their trade secrets and client relationships. However, the FTC has determined that non-compete agreements can be anti-competitive and harm workers by limiting their ability to find new job opportunities. The ban on non-compete agreements is part of the FTC's broader efforts to promote competition and innovation in the marketplace.  This new rule could impact an estimated 30 million workers (or 1 in 5 Americans) who are subject to a non-compete through their current or former employers. Barring a successful legal challenge in the courts, this new rule will go into effect in 120 days (August 2024). What You Need to Know It applies to many workers, not just employees. This rule paints with broad strokes, applying the ban not only to employees (both hourly and salaried), but also independent contractors, externs, interns, volunteers, apprentices, or any sole proprietor who provides a service to a client or customer. Businesses have a notification obligation for existing non-competes. This new rule not only prevents employers from entering into new non-compete agreements with workers, but it also requires employees to rescind existing non-compete clauses. The rule also requires that employers notify parties that are currently subject to a non-compete, that the agreement is now void and unenforceable. There are exemptions. Existing non-competes with senior level executives remain in effect, but new agreements, even with executives, are banned. What Now? For business owners in Pennsylvania, this decision means that you will need to review and potentially revise your employment contracts to comply with the new regulations. It is important to seek legal advice to ensure that your agreements are in line with the law and do not expose your business to potential legal risks. Additionally, business owners should consider alternative ways to protect their trade secrets and client relationships, such as implementing confidentiality agreements, non-disclosure agreements, and non-solicitation agreements. These measures can still provide protection for your business without the potential negative consequences of non-compete agreements. Overall, the ban on non-compete agreements by the FTC is a significant development for business owners in Pennsylvania. It is important to stay informed about these changes and work with legal counsel to ensure that your business is compliant with the new regulations. By taking proactive steps now, you can protect your business and its employees while promoting a competitive and innovative marketplace. The experienced business attorneys at Fiffik Law Group are ready to help you understand how this groundbreaking FTC rule impacts your business.

By: Michael Fiffik, Esquire When the sole member of a limited liability company (LLC) passes away without a clear operating agreement, state law may dissolve the company. This article explains the importance of an operating agreement in preserving your business and passing it on to your family. I’ve worked with hundreds of small business owners over the years.  Missing or unsigned operating agreements are not at all uncommon.  For some reason, it’s one of those things the importance of which is commonly overlooked.  For those who did a DIY business formation, they may have never had an operating agreement.  That’s because the state does not require one to form an LLC.   For others maybe they had one, but it’s been lost over the years or was never signed.  An unsigned operating agreement holds no legal significance, akin to an unsigned Will. No Operating Agreement = More Government Regulation When you have no operating agreement, it’s like waiving your right to set the rules for your own business.  The government has default rules that govern LLCs that can be overwritten by the terms of an operating agreement. Most business owners want less government regulation.  If you have no operating agreement, you’re inviting more government regulation of your business.  In particular, the government will dictate what happens to your business after you die.  Here’s what the government’s rules say about what happens to your business if you die without an operating agreement. Unless you have an operating agreement for the company which says something different, the law provides that the company will cease to exist within 180 days of your death. The law obligates the executor of your estate to wind up the affairs of the company, which generally means liquidating the assets of the company (e.g., selling equipment and collecting accounts receivable), paying the company’s creditors, and distributing any leftover funds to your estate. Do not assume that your executor or your heirs have the authority to continue the operations of the company, except as necessary to wind up the company. Important Provisions for Operating Agreements Consider creating an operating agreement for your company. The rules summarized in the preceding paragraph can be changed in the operating agreement. Many single member limited liability companies view an operating agreement as unnecessary. An operating agreement allows you to set rules for your business and specify post-death procedures, making the transition smoother for family, employees, and customers. In an operating agreement, you can: Specify in the operating agreement that your entire interest in the company, including the authority to govern the company, may be transferred via your Will. Specifically convey your ownership interest to one or more beneficiaries. Require your executor to effectuate a transfer of your membership interest within the 180-day deadline set by law before your company is dissolved. Convey your ownership interest to a trust so that trust is the member of the LLC.  The trust, as member, never dies and eliminates the possibility of dissolution under the default rules. Convey ownership interests to minority owners now so that after you die, the LLC is not without members. Creating and signing an operating agreement is only one of many of the estate planning considerations for small business owners.  You work hard to build your business.  Do not let the government’s rules wreck your life’s work. Protect Your Business – Create an Operating Agreement Make sure you have a signed operating agreement that specifies what happens to your ownership interest after you die.  Get it done the right way – with one of our experienced business attorneys.  We provide that service on a reasonable flat-fee basis.  It will be tailored to your business and your needs.  Keep the government out of your business AND your estate plan.  Contact us to get this crucial business document in place.

Selecting the right name for your business is a crucial step in establishing your brand identity and attracting customers. A great business name should reflect your business’ identity and purpose.  It takes five to seven impressions for people to remember a brand, but it only takes people seven seconds to form an impression of your brand. Having a memorable, catchy brand name that evokes the correct associations will help it stick — and brand recognition has enormous implications on your bottom line. Here are some strategies for choosing a business name wisely. Types of Business Names Entrepreneurs generally take one of five approaches to name their company. Your ideal approach depends on your brand identity, industry and target audience. Descriptive Names Descriptive names specify the product or service and are ideal for positioning a brand clearly. While these names tend to be functional and utilitarian, they are less susceptible to misinterpretation.  Examples include “Joe’s Home Improvement” or “Blue Zebra Soaps”.  One cautionary note about descriptive names: it can be difficult to trademark businesses with names containing real words. Suggestive Names Emotive brand names evoke specific feelings that arise when a customer uses your product or service. Suggestive names use connotations (the idea or feeling that a world invokes) to convey the brand experience.  Examples include “Reliable Home Improvement” or “Heavenly Soaps”.   Suggestive names are generally easier to trademark than descriptive names because of their originality. Arbitrary Names An arbitrary name is a real word, but the word is used such that there is no connection to the meaning. For example, the name “Apple” for personal computers, “Sun” in connection with computer technology, or “Camel” in connection with cigarettes are arbitrary names.  They can be memorable names that have no direct reference to a company’s actual operations, but with enough repetition, customers will learn to associate the name with a specific product. Acronyms/Initialisms Acronyms tend to be used to shorten excessively long names that would otherwise be difficult for customers to recall, such as BMW (short for Berlin Motor Works). However, acronyms lack meaning, emotion and imagery.  They convey little about the business’s purpose or products.  They are difficult for customers to remember and even harder to trademark. Names Based on Other Languages Some businesses use words from other languages and piggyback on their connotations.  For example, “Dulce Bakery” is  based on the Italian word dulce, which means sweet. Key Considerations in Selecting a Name for Your Business Here are some key considerations to keep in mind when selecting a name for your business: 1. Reflect Your Brand Identity Your business name should reflect your brand's values, mission, and identity. It should convey the essence of what your business is about and what sets it apart from others in the market.  Think about your target audience and what will resonate with them. Your business name should appeal to your target market and communicate the right message to potential customers. 2. Be Unique and Memorable Choose a name that is distinct and memorable. Avoid generic names that are easily forgettable or could be confused with other businesses. A unique name will help your business stand out and make a lasting impression on customers.  Consider using one of the many free business generators available online for some ideas. 3. Check Availability Before finalizing your business name, make sure it is not already in use by another company. Do an online search for the exact name or ones that might be confusingly similar to your desired name.  Check for trademarks and domain availability to ensure you can legally use the name for your business.  Check with your state’s corporations bureau to ensure the name has not been registered by another business located in the state.  If your desired name shows up in any of those searches, you may have difficultly registering or using your name. 4. Keep it Simple and Easy to Pronounce A simple, easy-to-pronounce name is more likely to be remembered and shared by customers. Avoid complex or difficult-to-spell names that could lead to confusion.  Once you have a few name options, get feedback from friends, family, and potential customers. Their input can help you choose the best name for your business. 5. Consider SEO If you plan to have an online presence, consider how your business name will impact your search engine optimization (SEO) efforts. Avoid names that are “crowded”, meaning names that include words that many other businesses use. While checking for name availability, also take note of how many other businesses use similar words.  This is where unique names can be a real advantage for a business.  Choose a name that includes relevant keywords or is easy to search for online. Your Business Name is Critical to Success Choosing the right name for your business is a critical decision that can have a lasting impact on your brand's success. Changing your business name is cumbersome and costly: you must notify the IRS, apply for a new employer identification number (EIN) and change licenses and permits. Ideally, your business name is forever. By considering these key factors, you can select a name that not only reflects your brand identity but also resonates with your target audience and sets you up for long-term success. When you’re ready to pull the trigger and form your business, the experienced business attorneys at Fiffik Law Group are here to help.  You can DIY your business formation but why start something so important and chance making a big mistake that is costly to fix later?  The wisest decision is to have attorney assistance when you form your business.  Contact us today.

How do you say goodbye to family or loved ones? Goodbyes are hard. We simply don’t want to say goodbye to the people we love. It can feel like an impossible task. Of all the ways we might want to say goodbye, doing it by leaving our loved ones a total mess would be last on the list. But that’s what so many of us do when we don’t spend the time getting our finances and personal affairs in order. Here's how those messages might look like: “Honey, I love you – I’ve left you in the complete lurch by never sharing details of our finances with you. Good luck!” “My family was the most important thing in my life. But not important enough for me to prepare a Will. You figure it out.” “I loved the times we spent together playing games. I left you a final game to play – find my assets!” Losing you is difficult for your friends and family. Don’t make it that much more difficult by leaving a tangled mess. Here are some real-life stories of messes left for loved ones. Please don’t let any of these be your story. The Messes You Leave For Your Spouse Steve & Janet Janet’s husband Steve died when she was 64 years old. They had no children together but Steve had three children to a prior marriage. They lived in a house in Steve’s name only. Steve also had a bank account titled to him alone. Steve died without a Will. By failing to prepare a Will or to jointly title his assets, whether Steve realized it or not, he was relying on the government’s Will to take care of Janet after he died. The government’s Will for Steve provides that Janet is required to divide his assets 50-50 with Steve’s children. His most valuable asset by far was their home. Janet will need to either sell the house or take out a loan to pay Steve’s children their share of the house. She may not qualify for a mortgage on her social security income. If she can’t borrow the money, she’ll be forced to sell the house and find a new home. Steve’s children will have to pay inheritance tax on their share of his estate. Janet needs the money in Steve’s checking account to pay the bills. The bank will not give her any information or access to the account. Janet will need to open an Estate for Steve and ask the bank to close out that account and transfer the money to her. She’ll need to split the money with Steve’s children 50-50. That process took a lot of time, causing Janet to miss several of the due dates on the bills. In addition, it cost her probate and attorneys fees to open the probate proceeding. Katie & Don Katie and Don found happiness later in life after prior marriages. Don had gone through a bitter divorce several years ago. Katie was widowed just a few years ago. Katie sold her home and moved into Don’s place after their marriage, and they worked to make it “their” home. They were living their best life when Don had a sudden health problem that resulted in his untimely death. He left Katie as well as his two adult children. Don did have a will prepared following his earlier divorce, leaving everything to his two children. Unfortunately Don did not revise his will to include Katie. This meant that her new home was now no longer her home: Don’s will left it to his kids. Katie was faced with the possibility of having to move out of their home and having none of Don’s assets for support. Pennsylvania does have what’s referred to as an “elective share” law that provides some protection to a surviving spouse in Katie’s situation. Also referred to as the “forced” share, the elective share means that despite what Don’s will says, Katie can take a share of most of his assets. The actual elective share is one-third of Don’s estate. In our experience this is not representative of what someone in Don’s position would want. They typically want their home and assets either to go to their surviving spouse entirely or at least to be available to support the surviving spouse during their lifetime with the remainder going to their kids when the surviving spouse passes away. Katie’s problem is that her elective share may not entitle her to the home. She’ll have to rely upon the good graces of Don’s kids to allow her to have the home or at least continue living there until she passes away or is able to find other arrangements. This surely is not what Don would have wanted: to leave Katie with a legacy of stress, anxiety and financial uncertainty. The Estranged Child Rita and Ted had a long and loving relationship together – over 40 years. They only recently married in the last 5 years. They have a daughter together and Ted had a son from a prior relationship. Ted had no relationship with that child and Rita has never even met him. Ted had been ill for the last 3 years of his life and eventually perished due to his illness. Ted did not have a will or trust. He also had some retirement accounts but Rita was unsure whether Ted made her a beneficiary of those accounts. Ted owned two properties but Rita’s name was never placed on the deeds. Rita is hoping to continue living in one of those properties and rent the other for extra income. Rita’s left in a bit of a panic. Ted never really shared the details of his finances with Rita beyond their joint bank accounts. What Rita will come to discover is that without a will leaving everything to her, she’ll be forced to divide Ted’s assets with their daughter and Ted’s son whom she’s never met in the 40 years she’s known Ted. How will she find him? Will there be enough left over for Rita’s comfortable support during the remainder of her life? These are questions that Rita should never have had to worry about. But, because their estate planning wasn’t taken care of – she has that worry now. The Messes You Leave For Your Parents Sam’s Story – He Died Too Soon Sam was 35 with an active social life.  Known for his witty and humorous personality, Sam was always ready with a joke or a funny story to lighten the mood. His sense of humor was a defining trait that endeared him to everyone who knew him.  He had a good job and, after a few heartbreaks, finally found his person – and it made it doubly great because his parents were really fond of her.  He was getting ready to move out of the apartment that he shared with a good friend and make that big leap many of us make at some point along the way.  That is until tragedy struck and Sam died unexpectedly. Sam’s parents are living through the nightmare of losing a child in his prime.  They also are forced to pick up the pieces of Sam’s life as well.  Like many young, single people Sam did not have a Will; no estate plan.  No guide for those he left behind.  His parents knew little about his financial and digital life.  Where did Sam have bank accounts?  Did he have a retirement plan at work?  What about his online life – Venmo, photos, apps, social media and everything else that all of us take for granted every single day? While they were grieving the loss of their only son, Sam’s parents were forced to become super sleuths:  looking for clues that could lead to Sam’s finances and everything else that needed to be taken care of.  Along the way, they realized that nobody – including Sam’s banks and employer - would talk to them until they opened a probate estate for Sam.  Try as they might – working with friends and Sam’s girlfriend – they’ve been unable to access his mobile phone.  That’s where many of the answers to Sam’s life are located.  Nobody knows his code. It’s incredibly hard to lose a child.  The difficulty is that much worse because Sam left no clues or plan to help his parents wind up his earthly affairs.  The search for access to Sam’s financial and digital life may prevent his parents from obtaining the closure they need to heal from their son’s death. The Messes You Leave For Your Siblings Randolph's Story Randolph died suddenly, much to the surprise of his family. He wasn’t married and did not have any children. However, he was survived by three siblings who never got along very well. Randolph owned a townhome in Philadelphia. Randolph died without a Will. In doing so, he waived his right to decide to whom and under what terms his assets would be divided among his family, friends, church or otherwise. Now the government gets to decide how Randolph’s assets get divided. The government’s plan is to divide it among his siblings, some of whom he did not have a good relationship. His siblings all have the right to serve as executor of his estate but they couldn’t agree among themselves who would do it. They didn’t trust one another. After months of wrangling, during which Randolph’s bills became seriously delinquent, one of his siblings hired an attorney at great expense to file a petition with the register of wills to be appointed as executor. One of Randolph’s other siblings opposed the petition, necessitating a hearing. The siblings longtime grudges and disputes came out during the hearing but one was finally awarded the job by the register. It was the one with whom Randolph had the worst relationship. The Messes You Leave By Mistake Arlene’s DIY Will Modification Mistake Arlene lived a great life. Although she had never married, she was blessed with many close relationships with nieces, nephews, and friends. She honored those relationships in her Will, dividing much of her estate among these loving relationships. Her Will was completed in 2018 with the assistance of a skilled estate planning attorney. Between that date and here death in 2021, a few things changed in her life. One of her beneficiaries preceded her in death. In addition, a few of those relationships turned out to not be quite what Arlene thought they were and she changed her mind about who she wanted to be beneficiaries in of her estate. Arlene decided that some changes were needed. Rather than call her attorney to have her Will revised, Arlene took matters into her own hands. She took her original Will and scratched out the names of two beneficiaries and wrote different names in their places in ink. She didn’t initial the changes or sign them. That’s not surprising – why would Arlene know about the legal formalities of making changes to her Will? Arlene never told her attorney what she had done. What seemed so simple and sensible to Arlene at the time turned out to be a bit of a disaster. The general rule is that alterations or interlineations (fancy word for hand-written changes to a typed document) made by the testator of the Will have no effect. Thus, the changes Arlene thought she made accomplished nothing. Additionally, by scratching out portions of her Will, Arlene ran the risk of making it impossible to determine the original terms of her Will. If that was the case, the probate court may refuse to admit the Will to probate, rendering her intestate and invalidating her entire estate plan. Fortunately, Arlene’s Will was admitted to Probate notwithstanding her markings on the Will. However, the beneficiaries who she sought to remove from her Will saw that their names were scratched out by Arlene. Certainly not something Arlene would have likely preferred. In addition, the attorney handling the Arlene’s estate had to tell those whom she added to the Will that despite Arlene’s markings, they were legally not entitled to any portion of the Estate. All told, it’s a disastrous legacy that Arlene left. Don't leave messes like these behind. Contact the estate planning attorneys at Fiffik Law Group to get started on your Will today.